Terms and Conditions / GDPR

General Terms and Conditions

 

I. Basic provisions

1. These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter only “Civil Code”)

VS Glass Products

ID: 66657164

VAT number: CZ7810315755

with registered office: 28 October 881/16, Zábřeh 78901

contact information:

Martin Hoplicek

email: info@barevne-sklo.cz

telephone: +420 775 916 154

www.barevne-sklo.cz

(hereinafter referred to as “Seller”)

1. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter: “buyer”) through a web interface located on a website available at the internet address www .barevne-sklo.cz (hereinafter the “online store”).
2. The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
3. These terms and conditions and the purchase contract are concluded in the Czech language.

II. Information about goods and prices

1. Information about the goods, including the prices of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of the goods are listed including value added tax, all related fees and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. Product prices remain valid for as long as they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the catalog of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
3. Information on the costs associated with packaging and delivery of goods is published in the online store.
4. Any discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III. Order and conclusion of purchase contract

1. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself. These costs do not differ from the base rate.
2. The buyer orders the goods via the online store or by e-mail.
3. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the ORDER button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the buyer that he has familiarized himself with these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is automatic and does not constitute a contract. The seller’s current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the order has been accepted by the seller. Notification of order acceptance is delivered to the buyer’s email address.
6. If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer’s confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller’s phone number or email listed in these terms and conditions.
8. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller’s email address.
9. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

IV. Customer’s account

1. Based on the buyer’s registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow the use of the customer account by third parties.
5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase contract and these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

V. Payment terms and delivery of goods

1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:

• by transfer to the seller’s bank account no.:

CZK: AIRBANK 1220247026/3030

EUR: FIO BANKA CZ25 2010 0000 0029 0054 7959

BIC/SWIFT: FIOBCZPPXXX

• cash on delivery/payment card when handing over the goods,
• in cash upon receipt of the goods at the delivery point

1. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
2. In the case of payment in cash, the purchase price is payable upon receipt of the goods.
3. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account.
4. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.
5. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, within 48 hours at the latest
6. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• via the parcel drop-off to the drop-off address specified by the buyer,
• by personal collection at points of sale.

1. The choice of delivery method is made during the ordering of goods.
2. The cost of delivery of the goods, depending on the method of sending and receiving the goods, is indicated in the order of the buyer and in the confirmation of the order by the seller. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
3. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
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 an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
5. The seller issues a tax document – an invoice – to the buyer. The tax receipt is sent to the buyer’s email address.
6. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
7. Delivery time: the delivery time of the goods depends on the content of the order and is communicated individually with the customer. The delivery period is not a reason to withdraw from the purchase contract.

VI. Withdrawal from the contract

1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
2. The deadline for withdrawing from the contract is 14 days

• from the day of receipt of the goods,
• from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the date of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.

1. The buyer cannot, among other things, withdraw from the purchase contract:

• about the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
• on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
• in other cases specified in § 1837 of the Civil Code.

1. In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
2. Withdrawal from the purchase contract shall be sent by the buyer to the seller’s email or delivery address specified in these terms and conditions. The seller will immediately confirm the acceptance of the withdrawal from the contract to the buyer.
3. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
4. If the buyer withdraws from the contract, the seller will return to him without delay, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, that he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if this does not incur additional costs.
5. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.
6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
7. If the buyer withdraws from the contract, he will send or hand over to the seller, without undue delay, no later than fourteen days from the withdrawal from the contract, the goods he received from him. The goods must be returned undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
8. The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer.
9. If the actions of the parties lead to the conclusion of a contract and these facts are not obvious from the context, the entrepreneur shall inform the consumer in sufficient time before the conclusion of the contract or before the consumer makes a binding offer of the rights arising from defective performance, as well as the rights from the guarantee and other conditions for the exercise of these rights.

VII. Defective Performance Rights

1. In his own interest, the buyer should inspect the goods immediately after receiving them. If the product packaging is found to be damaged, the buyer will check the condition of the goods and, in case of damage, make a record of the damage in the presence of the carrier. The buyer has the right not to accept a visibly damaged shipment. The carrier is responsible for damage during transport, all goods are insured. By signing the delivery note, the buyer agrees to take delivery of the shipment and confirms that it arrived without visible damage.
2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

• the goods have the properties that the parties have agreed upon, and if there is no agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods (The color shades displayed on the website may differ from reality due to technical reasons, photos samples are therefore only illustrative in nature. Also, the execution of specific decors may differ due to the fact that each piece of goods is an original.)
• the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
• the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• is the goods in the corresponding quantity, measure or weight and
• the goods comply with the requirements of legal regulations.

1. If a defect becomes apparent within twelve months of receipt, it is considered that the item was already defective upon receipt.
2. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. If the seller and the buyer agree to shorten the time for exercising rights from defective performance, such an agreement is not taken into account. This does not apply if the parties have reduced this time to half the legal time when purchasing used consumer goods; if they have agreed on a greater reduction, half of the legal time shall be paid for the agreed time.
3. If the acquirer justifiably accuses the alienator of a defect, the period for exercising rights from defective performance or the warranty period does not run for the period during which the acquirer cannot use the defective object.
4. If the time during which the item can be used is indicated on the item sold, on its packaging, in the instructions attached to the item or in the advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply. This provision does not apply to the wear and tear of the thing caused by its usual use.
5. With a guarantee for quality, the seller undertakes that the item will be suitable for use for the usual purpose or that it will retain the usual properties for a certain period of time. The indication of the warranty period or the period of use of the item on the packaging or in advertising also has these effects. A guarantee can also be provided for an individual part of the item.
6. At least to the extent that the manufacturer’s obligations from defective performance continue. In the confirmation, he will also state his name, address and identifying information, as well as other information necessary to establish his identity.
7. The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.
8. Defect rights apply to the seller. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what the content of the claim is and what method of handling the claim the buyer requires, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification rejection of the complaint. However, if in the confirmation according to § 2166 another person designated for repair is mentioned, who is at the seller’s place or at a place closer to the buyer, the buyer will exercise the right to repair with the person designated to carry out the repair. The person thus designated for repair will carry out the repair within the period agreed between the seller and the buyer when purchasing the item.
9. The buyer has the choice of the complaint method. In the event of a defect, the buyer may request:

• exchange for new goods,
• a reasonable discount from the purchase price,
• withdraw from the contract.

The buyer has the right to withdraw from the contract:

• if the goods have a substantial defect,
• if he cannot use the item properly due to the repeated occurrence of the defect,
• in the event of a greater number of product defects.

The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.

1. If the thing does not have the characteristics specified in § 2161, the buyer can also demand the delivery of a new thing without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the thing, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge.
2. The buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.
3. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.
4. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of application of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of application of the complaint is considered to be the moment when the buyer’s will (exercise of the right from defective performance) is expressed to the seller.
5. The seller informs the buyer in writing about the outcome of the complaint. In the event of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right with the seller within a period of one month after the expiry of the warranty period.
6. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code, and Act No. 634/1992 Coll., on consumer protection.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

IX. Out-of-court settlement of disputes

1. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
2. The European Consumer Center Czech Republic, with registered office at Štěpánská 44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

X. Final Provisions

1. All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
3. All rights to the Seller’s website, in particular the copyright in the content, including the page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

These terms and conditions come into force on 07.03.2022

 

Terms of personal data protection

 

Privacy Policy

I. Basic provisions

1. The administrator of personal data pursuant to Article 4 point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (hereinafter: “GDPR”) is Martin Hoplíček, IČ 66657164 se registered office at 28 Oct. 16, 789 01, Zábřeh (hereinafter: “administrator”).
2. The administrator’s contact details are

address: 28 October 16, 789 01 Zábřeh
email: info@barevne-sklo.cz
phone: +420775916154, +420583411455

1. Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example a name, identification number, location data, network identifier or to one or more special elements of physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
2. The administrator has not appointed a personal data protection officer.

II. Sources and categories of processed personal data

1. The administrator processes personal data that you have provided to him/her or personal data that the administrator has obtained based on the fulfillment of your order.
2. The administrator processes your identification and contact data and the data necessary for the performance of the contract.

III. Legal reason and purpose of personal data processing

1. The legal reason for processing personal data is

• performance of the contract between you and the administrator according to Article 6 paragraph 1 letter b) GDPR,
• legitimate interest of the controller in the provision of direct marketing (especially for sending commercial messages and newsletters) according to Article 6 paragraph 1 letter f) GDPR,
• Your consent to processing for the purposes of providing direct marketing (in particular for sending business communications and newsletters) pursuant to Article 6, paragraph 1 letter a) GDPR in connection with § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services in the event that no goods or services have been ordered.

1. The purpose of personal data processing is

• the processing of your order and the performance of rights and obligations arising from the contractual relationship between you and the administrator; when placing an order, personal data are required that are necessary for the successful processing of the order (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and fulfillment of the contract, without the provision of personal data it is not possible to conclude the contract or fulfill it on the part of the administrator,
• sending business messages and doing other marketing activities.

1. There is no automatic individual decision-making by the controller within the meaning of Article 22 of the GDPR. You have given your express consent to such processing.

IV. Data retention period

1. The administrator stores personal data

• for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to exercise claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship).
• for the period until consent to the processing of personal data for marketing purposes is revoked, a maximum of 5 years, if personal data is processed on the basis of consent.

1. After the personal data retention period has expired, the administrator deletes the personal data.

V. Recipients of personal data (subcontractors of the controller)

1. Recipients of personal data are persons

• participating in the delivery of goods / services / realization of payments based on the contract,
• providing e-shop operation services and other services in connection with e-shop operation,
• providing marketing services.

1. The administrator does not intend to transfer personal data to a third country (a country outside the EU) or an international organization. Recipients of personal data in third countries are providers of mailing services / cloud services.

VI. Your rights

1. 1. Under the terms set out in the GDPR, you have

• the right to access your personal data according to Article 15 GDPR,
• the right to correct personal data according to Article 16 of the GDPR, or to restrict processing according to Article 18 of the GDPR.
• the right to erasure of personal data according to Article 17 GDPR.
• the right to object to processing according to Article 21 GDPR a
• the right to data portability according to Article 20 GDPR.
• the right to withdraw consent to processing in writing or electronically to the address or email address of the administrator listed in Article III of these terms and conditions.

1. You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.

VII. Terms of security of personal data

1. 1. The controller declares that it has taken all appropriate technical and organizational measures to secure personal data.
2. The administrator has taken technical measures to secure data stores and personal data stores in documentary form, in particular secure access passwords and antivirus.
3. The administrator declares that only persons authorized by him have access to personal data.

VIII. Final Provisions

1. By submitting an order from the online order form, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety.
2. You agree to these terms and conditions by checking your consent via the online form. By checking consent, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety.
3. The administrator is authorized to change these conditions. It will publish a new version of the terms of personal data protection on its website, or send you a new version of these terms to the e-mail address you provided to the administrator.

These terms and conditions take effect on March 7, 2022