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Terms and conditions of the eshop palubky-vencl.cz

Vencl & Banha s.r.o.

ID: 02744180
with place of business: Týniště nad Orlicí, Mostecká 24, zip code 517 21
for the sale of goods through an online store operated on the website
www.palubky-vencl.cz

Article I.
Introductory Provisions
1.1. The purpose of these terms and conditions is to regulate the procedure for concluding a purchase contract, as well as the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract"), concluded between the seller, which is always the company Vencl & Banha s.r.o., ID number: 02744180, with place of business: Týniště nad Orlicí, Mostecká 24, zip code 517 21 (hereinafter referred to as the "Seller"), on the one hand, and by a third party as the buyer on the other hand (hereinafter referred to as the "Buyer"), through the Seller's online store operated on the website: www.palubky-vencl.cz (hereinafter referred to as "business conditions").

1.2. The Seller can be contacted either at one of the Seller's locations listed on its website www.palubky-vencl.cz, or by phone: 494 323 777, mobile: 603 858 627, or electronically at e-mail: vencl.kostelec @seznam.cz.

Article II.
Conclusion of the purchase contract
2.1. The Seller's website www.palubky-vencl.cz (hereinafter referred to as the "website") publishes the specification of the goods that the Seller offers for sale through its website, incl. listing the price of this item without VAT. Product price incl. VAT will be displayed after adding the product to the cart. Goods other than those published on the Seller's website cannot be the subject of a purchase contract according to these terms and conditions.

The offer for the sale of goods, their price and availability remains valid for as long as these goods are published on the website. The seller reserves the right to change the offered goods, as well as their specification or price, at any time. However, such a change does not affect already concluded purchase contracts.

2.2. To order the goods, the Buyer fills out the order form on the website containing, in particular, information about (I.) the goods that the Buyer intends to order, by adding the goods to the basket on the website (II.), the amount and method of payment of the purchase price of the goods and (III. .) the method of delivery of the goods to the Buyer and the costs associated with their delivery (hereinafter referred to as the "order"). In the order, the Buyer is obliged to fill in, in particular, his name, surname, address of permanent residence, telephone contact, e-mail address and, if the Buyer is an entrepreneur within the meaning of Section 420 et seq. of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") and purchases goods in connection with the performance of his/her earning activity, he/she shall also fill in his/her ID number and VAT number. If the Buyer is a legal entity, the Buyer is obliged to always fill in his business name, ID number, VAT number, registered office, telephone number and e-mail address. Before sending the order, the Buyer is allowed to check and change the data specified in the order, in particular to adjust the quantity of ordered goods or to add another type of goods, or to cancel the order completely.

2.3. When ordering goods, the Buyer chooses one of the following methods of handing over the goods:

2.3.1. personal collection of goods at one of the following locations of the Seller:

a) in Týništ nad Orlicí, ul. Mostecká 24;
b) in Dolní Lhota near Blansko (former AGROZET site);
c) in Šumperk, ul. Příčná 22 (Former timber factories);
d) in Olomouc, Holice u Olomouc, ul. Stará Přerovská 808/17;

In cases where the total purchase price of the ordered goods is less than CZK 50, personal collection of the goods at the Seller's premises is not possible and the goods are always sent via a carrier according to Article 2.3.2. these terms and conditions.

2.3.2. shipment of goods via carrier (TopTrans, DPD and others).

2.4. The sending of the order by the Buyer is considered a draft of the purchase contract. By sending the order, the Buyer declares that all the information he filled out in the order is true, correct and complete, that he has familiarized himself with these terms and conditions in advance and that he agrees with and accepts these terms and conditions.

2.5. The purchase contract is concluded when the Buyer receives confirmation of his order from the Seller to the e-mail address specified by the Buyer in his order. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract with the Buyer based on his order.

2.6. Before confirming the order, the seller is always entitled, depending on the nature of the order, in particular the quantity of goods ordered and the method of delivery chosen by the Buyer, entitled to invite the Buyer, even by telephone, to additionally confirm his order. Without the Buyer confirming his order in this way, the purchase contract is not concluded.

2.7. The buyer agrees to use remote means of communication when concluding the purchase contract. Communication with the Buyer takes place electronically by e-mail, mail or telephone. The costs incurred by the Buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (e.g. costs of internet connection, costs of telephone calls) are covered by the Buyer himself. The same applies to the community 

between the Seller and the Buyer after the conclusion of the purchase contract.

2.8. By concluding the purchase contract, the Seller undertakes to hand over the goods ordered by him to the Buyer and to transfer ownership of these goods to him, and the Buyer undertakes to take over the goods ordered by him and pay the purchase price for them to the Seller.

III.
Purchase price and payment terms
3.1. The Buyer undertakes to pay the Seller the purchase price of the goods ordered by the Buyer together with any costs associated with the delivery of these goods (postage and packaging) as determined by the Seller when ordering the goods by the Buyer. This purchase price, together with the costs associated with the delivery of these goods, will be paid to the Seller:
a) in cash at the Seller's premises;
b) in cash on delivery at the place specified by the Buyer in his order for delivery of the goods; or
c) by non-cash transfer to the bank account of the Seller, which is the account indicated on the advance invoice, based on the pro forma invoice;

depending on the method of payment of the purchase price that the Buyer chose in his order.

3.2. In the event that the Buyer designated as the place of delivery of the goods by the Seller the establishment specified in Article 2.3.1. letter b) to e) of these terms and conditions, the transport costs, which the Buyer undertakes to pay to the Seller together with the purchase price of the ordered goods, amount to 5% of the price of the ordered goods.

3.3. In the case of payment in cash at the Seller's premises and payment in cash on delivery, the purchase price, together with any costs for delivery of the goods, is payable upon receipt of the goods. In the case of non-cash payment, the purchase price together with any costs for the delivery of these goods is payable within 3 days from the date of conclusion of the purchase contract; before payment of the purchase price of the goods, the Seller is not obliged to hand over the ordered goods to the Buyer, and the Seller is not in default in handing them over in this case.

3.4. The Seller will provide the Buyer with a discount on the purchase price without VAT for the purchase of goods:
- in the amount of 4% when purchasing goods for a total purchase price of over CZK 100,000 excluding VAT,
- in the amount of 2% when purchasing goods for a total purchase price of over CZK 50,000 excluding VAT,

In order to assess the right to provide a discount on the purchase price, each product order is always based on a separate order. The above-mentioned discounts will not be provided by the Seller when purchasing goods - building materials, which are considered to be, in particular, decking, flooring or roofing. The discount also does not apply to goods that, at the time the offer is sent by the Buyer, are marked on the Seller's website as goods on sale. After fulfilling the conditions stated in this article, the buyer is always entitled to only one discount, namely the highest one.

3.5. In the case of ordering goods, the total purchase price of which will be more than CZK 10,000, the Seller is entitled to demand from the Buyer an advance payment of 30% of the total purchase price of the ordered goods, and the Buyer is obliged to provide the Seller with the requested advance. The Seller is not obliged to hand over the ordered goods to the Buyer until the Buyer has paid the deposit, and the Seller is not in arrears in handing them over in this case.

3.6. Subject to the cumulative fulfillment of these conditions:
- the goods that form the subject of the purchase contract are floorboards, a
- The buyer has chosen personal pickup at one of the Seller's locations listed in Article 2.3.1 as the method of transport. letter b) to e) of these terms and conditions,

The Seller reserves the right to increase the purchase price of the goods - floorboards by the price indicated at a certain establishment, which the Buyer will be notified of before sending the order. By sending the order, the Buyer expresses his agreement with this price of the goods.

IV.
Terms of delivery
4.1. If the goods ordered by the Buyer are in stock, the delivery time is 3 to 7 days from the date of conclusion of the purchase contract. If the ordered goods are not in stock, the delivery time is 3 to 5 weeks from the date of conclusion of the purchase contract. If the Buyer chose to pay the purchase price on the basis of a pro forma invoice when ordering the goods according to Article 3.1. letter c) of these conditions, the goods will be delivered by the Seller within 3 to 5 days from the day following the day when the purchase price of the goods according to the pro forma invoice will be credited to the bank account of the Seller, if the goods are in stock; if the goods are not in stock, the goods will be delivered after payment of the pro forma invoice within 3 to 5 days after the ordered goods are delivered to the warehouse.

4.2. If in the order the Buyer chose the option of personal collection of the goods at one of the Seller's establishments, the Buyer is entitled and at the same time obliged to pick up the goods at the Seller's establishment chosen by the Buyer, during the working hours of the relevant establishment. The Buyer is obliged to pick up the goods after being informed by the Seller that the goods are ready for the Buyer at the establishment for personal collection. The notification will be sent by the Seller to the Buyer to the e-mail address specified by the Buyer in his order or communicated by telephone.

4.3. If in the order the Buyer chose the option of sending the goods via carrier to the place specified by him in the order, the Buyer is obliged to take delivery of the goods upon delivery. If the Buyer is not caught by the carrier during the delivery of the goods at the time specified by the Buyer 

delivery address, the carrier will leave a notice of the stored shipment in his mailbox. The shipment will be kept by the carrier for collection for three days. If the shipment is not delivered to the Buyer or collected by the Buyer within the specified time, the carrier will deliver the shipment back to the Seller after the deadline for collection has expired. In such a case, the Buyer is obliged to compensate the Seller for all costs incurred by the Seller in connection with the delivery of the goods to the Buyer, as well as a handling fee of CZK 500. At the same time, the seller is entitled to withdraw from the purchase contract.

4.4. When taking over the goods from the transporter, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the Buyer is not obliged to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the shipment of goods met all conditions and requirements and that any later claim regarding damage to the packaging of the shipment will not be taken into account.

4.5. The seller is not obliged to assemble the goods or deliver the goods to the floor.

IN.
Liability for defects and warranty
5.1. The Seller is responsible to the Buyer for defects that the goods have at the time they are handed over to the Buyer.

5.2. If the Buyer is a consumer within the meaning of Section 419 of the Civil Code, the Seller provides the Buyer with a guarantee for the quality of the goods for a period of 24 months, which begins on the day of delivery of the goods to the Buyer.

5.3. If the Buyer is an entrepreneur within the meaning of § 420 et seq. of the Civil Code, the guarantee for the quality of the goods is not provided.

5.4. The liability for defects, as well as the guarantee for quality, does not apply to defects in the goods listed in section § 2167 of the Civil Code and also to defects that the Buyer knew about before taking over the goods, defects caused by inappropriate handling or treatment, unprofessional assembly, as well as defects caused by the Buyer after receiving the goods. The defect of the goods is not the usual color difference and the difference in the structure of natural materials, textile and artificial materials. Furthermore, differences in dimensions of upholstered furniture are not a defect within the tolerances allowed by the valid technical standards of the Czech Republic. The Seller is also not responsible for defects that were caused after the risk of damage to the goods has passed to the Buyer due to an external event.

5.5. The Buyer's rights resulting from the Seller's liability for defects, i.e. the rights for the quality of the goods, are exercised by the Buyer at the Seller's address at any of the Seller's establishments. When exercising rights from liability for defects or guarantees for the quality of the goods, the Buyer is obliged to present to the Seller, in addition to the claimed goods, a proof of payment, a receipt or another document proving the purchase of the goods from the Seller.

5.6. The Seller undertakes to handle the claim for product defects within 30 days from the date of its application by the Buyer, unless a longer period for handling the claim is agreed between the Seller and the Buyer.

5.7. The dimensions of the sofa sets are indicative only and may differ from reality. The manufacturer reserves the right to change them.

VI.
Withdrawal from the contract
6.1. If the Buyer is a consumer within the meaning of § 419 of the Civil Code and if the cases are not specified in § 1837 of the Civil Code, the buyer has the right to withdraw from the purchase contract without giving reasons within 14 days from the day following the day when the Buyer or a person designated by him (other than the carrier) takes over the goods. For the purposes of exercising the right to withdraw from the contract, the Buyer is obliged to inform the Seller of his withdrawal from the purchase contract in the form of a unilateral legal action (for example, by letter sent through the postal service operator, by fax or e-mail). For this purpose, the Buyer is entitled to use the model form for withdrawing from the purchase contract, which forms Appendix No. 1 of these terms and conditions; however, the use of the sample form is not a condition for withdrawing from the purchase contract. In order to comply with the deadline for withdrawing from this contract, it is sufficient to send the withdrawal from the contract before the expiry of the relevant deadline.

6.2. In case of withdrawal from the purchase contract according to Article 6.1. of these terms and conditions, the Seller will return to the Buyer all payments that the Seller received from the Buyer, incl. delivery costs (except for additional costs incurred as a result of the Buyer's chosen delivery method, which is different from the cheapest standard delivery method offered by the Seller). Refunds will be made using the same means of payment that the Buyer used to make the initial transaction, unless the Buyer expressly states otherwise; In no case will the buyer incur additional costs.

6.3. However, the seller is obliged to return the payment according to Article 6.2. of these terms and conditions only after receiving the returned goods or after proving that the goods have been sent back to the Seller, whichever occurs first.

6.4. The buyer is obliged to deliver the goods without undue delay, but no later than 14 days from the day when the purchase contract was withdrawn according to Article 6.1. of these terms and conditions, send it back to the Seller or hand it over to the Seller at the address j

any of its establishments. The deadline is considered to have been met if the Buyer sends the goods back to the Seller before the expiry of the 14-day period.

6.5. In case of withdrawal from the purchase contract according to Article 6.1. of these terms and conditions, the Buyer bears the costs associated with returning the goods. The maximum cost is estimated at (5000) CZK.

6.6. The buyer is responsible for the reduction in the value of the returned goods according to Article 6.4. of these terms and conditions as a result of handling these goods in a way other than that which is necessary to become familiar with the nature and properties of the goods, including their functionality.

6.7. If the goods ordered by the Buyer are not in stock at all or in sufficient quantity, or if the Seller cannot secure the goods even with its supplier, or if the goods can be secured, but only at a higher price or with higher costs or with other difficulties, so that the provision of performance is disadvantageous for the Seller, since the costs of its provision do not correspond to the value of the consideration that the Seller is to receive, the Seller will notify the Buyer of this at the e-mail indicated by the Buyer in his order. If the Buyer notifies the Seller in an e-mail within the period specified by the Seller that he insists on the delivery of the part of the goods that is in stock or that can be secured with the supplier, this changes the subject of the purchase contract so that the subject of the purchase contract is now only these goods and the Seller is not obliged to deliver to the Buyer the goods that are not in stock or that cannot be secured with the supplier. After the expiration of the period provided by the Seller in the e-mail, each of the contracting parties is entitled to withdraw from the purchase contract in its entirety; the buyer is entitled to withdraw from the purchase contract in its entirety also before the expiration of the relevant period.

6.8. Each of the contracting parties is entitled to withdraw from the purchase contract also in cases stipulated by the Civil Code.

In the event that a consumer dispute arises between us and the consumer arising from a purchase contract or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer can submit a proposal for an out-of-court settlement of such a dispute to the designated entity for the out-of-court resolution of consumer disputes, which is: Czech Republic Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, Email: adr@coi.cz, Web: adr.coi.cz, The consumer can also use the online dispute resolution platform, which is set up by the European Commission at : http://ec.europa.eu/consumers/odr/.


VII.
Protection of personal data

7.1. The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended. By sending the order, the Buyer agrees to the processing of all his personal data, which he entered in the order (hereinafter referred to as "personal data"), for the purpose of realizing the rights and obligations from the purchase contract. The Seller is entitled to other processing of the Buyer's personal data only with the Buyer's consent.

7.2. The Seller may entrust the processing of the Buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the Seller to third parties without the prior consent of the Buyer. Personal data will be processed by the Seller for an indefinite period.

7.3. We determine your satisfaction with the purchase through e-mail questionnaires as part of the Verified by customers program, in which our e-shop is involved. We send them to you every time you make a purchase from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some services of the information society, you do not refuse their sending. We process personal data for the purpose of sending questionnaires as part of the Verified by Customers program based on our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processor that is the operator of the Heureka.cz portal; for these purposes, we may pass on information about the purchased goods and your e-mail address. When sending e-mail questionnaires, your personal data is not passed on to any third party for its own purposes. You can object to the sending of e-mail questionnaires under the Verified by Customers program at any time by opting out of further questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire any further.

VIII.
Final Provisions
8.1. The agreements of the contracting parties contained in the purchase contract take precedence over deviating provisions of these terms and conditions.

8.2. These terms and conditions are an integral part of the purchase contract concluded between the Seller and the Buyer.

8.3. Rights and obligations not expressly regulated by the purchase contract or these terms and conditions are governed by § 2079 et seq. of the Civil Code.

8.4. The seller reserves the right to change these terms and conditions at any time without giving reasons. Any change to these terms and conditions becomes valid and effective on the day the new wording of these terms and conditions is published on the Seller's website. The rights and obligations of the contracting parties arising from

purchase contracts concluded before the publication of the change to these terms and conditions are not affected by the change to these terms and conditions.

8.5. The purchase contract can only be concluded in the Czech language.

8.6. The seller ensures the archiving of the text of the purchase contract incl. terms and conditions, for a period of 5 years from the date of conclusion of the purchase contract. Based on the Buyer's written request, the Seller will provide the Buyer with the wording of the purchase contract, incl. business conditions.

8.7. The Seller informs the Buyer that the supervisory and control body of the state administration is the Czech Trade Inspection. The Czech Trade Inspection inspects and supervises legal and natural persons selling or supplying products and goods to the internal market, providing services or developing other similar activities on the internal market, providing consumer credit or operating a market place (market place), unless, according to special legal regulations, this supervision is carried out by another administrative office, with the fact that more detailed information is provided in Act No. 64/1986 Coll., on the Czech Trade Inspection, as amended.

8.8. These terms and conditions become valid and effective on the day they are published on the Seller's website.

In Týništ nad Orlicí on June 7, 2017