STETAGROUP EUROPE S.R.O.
with its registered seat at the address Praha - Žižkov, Cimburkova 588/11, PSČ 130 00
company identification number: 24846813/ DIČ CZ24846813 listed in the Commercial Register
maintained by the Regional Court of Hradec Králové, Section C, File 179904
for the sale of goods through an e-shop located at the web address www.attrattivo.cz
1.1. In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the following business terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the trading company STETA GROUP S.R.O., with its registered seat at the address Cimburkova 588/11, 130 00 Praha 3, company identification number: 24846813, listed in the Commercial Register maintained by the Prague City Court, Section C, File 179904 (hereinafter referred to as the “Seller”) regulate the mutual rights and obligations of the Parties created in relation to or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) entered into between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s e-shop. The Seller operates the e-shop on a website located at the address www.attrattivo.cz (hereinafter referred to as the “website”) through a website interface (hereinafter referred to as the “e-shop web interface”).
1.2. The Terms and Conditions shall not apply in cases where a person intending to purchase goods from the Seller is a legal person or a person who, when ordering goods, is acting within the scope of his or her business activities or the independent performance of a profession.
1.3. Provisions which diverge from the Terms and Conditions can be negotiated in a Purchase Contract. Divergent provisions of a Purchase Contract shall prevail over the provisions of the Terms and Conditions.
1.4. The Terms and Conditions are an integral part of a Purchase Contract. Purchase Contracts and the Terms and Conditions are drawn up in Czech. Purchase Contracts shall be entered into in Czech.
1.5. Znění obchodních podmínek může prodávající měnit či doplňovat. Tímto ustanovením nejsou dotčena práva a povinnosti vzniklá po dobu účinnosti předchozího znění obchodních podmínek.
1.6. After registering on the website, the Buyer will be given access to a user interface. The Buyer will then be able to order goods from this interface (hereinafter referred to as the “user account”). If the e-shop web interface allows it, the Buyer can also order goods without registration directly from the e-shop web interface.
1.7. When registering on the Website and when ordering goods, the Buyer must enter all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account after any kind of change. The Seller shall consider the information provided by the Buyer in the user account and when ordering goods to be correct.
1.8. Access to user accounts is secured by a user name and password. The Buyer must maintain the confidentiality of any information which is essential for accessing the user account.
1.9. The Buyer is not authorised to allow third parties to use the user account.
1.10. The Seller is entitled to delete a user account, especially in cases where an account remains inactive for more than 3 years, or in cases where the Buyer commits a breach of his or her obligations arising from a Purchase Contract (including the Terms and Conditions).
1.11. The Buyer acknowledges that the user account may not be available continuously, particularly with regard to essential maintenance of the Seller’s hardware or software, or third-party hardware or software.
ENTRY INTO A PURCHASE CONTRACT
1.12. All presentations of goods located on the e-shop web interface are informative in nature and the Seller is under no obligation to enter into a Purchase Contract for such goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
1.13. The e-shop web interface contains information on goods, including the prices of individual goods. The stated prices of goods include value-added tax and all related charges. The prices of goods shall remain valid for as long as they are displayed on the e-shop web interface. These provisions do not restrict the Seller from entering into a Purchase Contract under individually negotiated conditions.
1.14. The e-shop web interface also contains information on costs related to the packaging and delivery of goods. Information on costs related to the packaging and delivery of goods specified on the e-shop web interface only applies to cases where goods are delivered to a location within the Czech Republic.
1.15. To order goods, the Buyer must fill in an order form on the e-shop web interface. The order form particularly contains information on:
1.15.1. the goods ordered (the Buyer puts the ordered goods into an electronic shopping basket on the e-shop web interface)
1.15.2. the payment method for the ordered goods, information on the requested means ofdelivery of the ordered goods and
1.15.3. information on costs related to the delivery of the goods (hereinafter collectively referred to as an “order”).
1.16. Prior to sending an order, the Buyer is able to check and modify the information in the order, which also gives the Buyer the possibility to find and correct any mistakes made while entering data into the order form. The Buyer shall send an order to the Seller by clicking on the appropriate button. The Seller shall consider the information provided in an order to be correct.
1.17. An order sent by the Buyer is considered to identify the ordered goods, the purchase price, the identity of the Buyer and the payment method for the goods in an indisputable manner, and is a binding proposal for a Purchase Contract between the Parties. For an order to be valid, the Buyer must fill in all mandatory information in the order form, read these Terms and Conditions on the website and confirm that he or she has read these Terms and Conditions.
1.18. Upon receiving an order, the Seller shall immediately send an e-mail to the Buyer confirming receipt to the address provided by the Buyer in the user interface or in the order (hereinafter referred to as the “buyer’s e-mail address”).
1.19. In relation to the nature of the order (quantity of goods, total purchase price, anticipated shipping costs), the Buyer is always entitled to request additional confirmation of the order from the Seller (e.g. in writing or by telephone).
1.20. A proposed Purchase Contract in the form of an order is valid for fifteen days.
1.21. A contractual relationship between the Seller and the Buyer is created when the Seller sends confirmation of receipt (acceptance) of an order to the Buyer’s e-mail address.
1.22. In the event that the Seller is unable to fulfil any of the requirements specified in an order, it shall send a modified offer to the Buyer’s e-mail address stating possible variations on the order and requesting the Buyer’s opinion.
1.23. A modified order is considered to be a new proposal for a Purchase Contract. In such cases, a Purchase Contract shall only be entered into once the Buyer sends an e-mail of acceptance of the proposal.
1.24. The Buyer consents to the use of remote means of communication when entering into a Purchase Contract. Costs incurred by the Buyer when using remote means of communication in connection with entry into a Purchase Contract (costs of an internet connection or telephone calls) shall be paid by the Buyer and such costs shall not differ from the standard rate.
PRICE OF GOODS AND TERMS OF PAYMENT
1.25. The Buyer may pay the Seller the price of goods and any costs associated with delivery of such goods pursuant to a Purchase Contract by the following means:
STETAGROUP Europe s.r.o. branch at: Bruselská 13, Prague 2, 120 00
cash on delivery at the place designated by the Buyer in the order;
by bank transfer to the Seller’s bank account, No. 2112771036/2700, kept by UniCredit Bank (hereinafter referred to as the “Seller’s account”);
by cashless transfer via a payment system;
by credit card;
1.26. Together with the purchase price, the Buyer is also obliged to pay the Seller costs related to the packaging and delivery of the goods at an agreed rate. Unless expressly specified otherwise, the purchase price shall further also be understood to comprise delivery costs.
1.27. The Seller does not request a deposit or other such payment from the Buyer. This shall not affect the provisions of Art. 1.30 of the Terms and Conditions regarding the obligation to pay the purchase price for the goods in advance.
1.28. In the case of payment in cash or by cash on delivery, the purchase price is payable upon takeover of the goods. In the case of payment by cashless transfer, the purchase price shall be payable within 14 days of entering into a Purchase Contract.
1.29. The Buyer must specify the variable symbol of the payment when making a payment by cashless transfer. In the case of payment by cashless transfer, the Buyer’s obligation to pay the purchase price shall be fulfilled the moment the appropriate amount is credited to the Seller’s account.
1.30. The Seller is entitled to request payment of the purchase price in full before sending the goods to the Buyer, especially in the event that it does not receive additional confirmation of an order (Art. 1.19) from the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
1.31. Any discounts on the purchase price provided by the Seller to the Buyer cannot be combined.
1.32. If it is customary in business relations or if stipulated by generally binding legislation, the Seller shall issue an invoice (tax document) to the Buyer for payments made under a Purchase Contract. The Seller is a value-added tax payer. The Seller shall issue an invoice to the Buyer the price for the goods has been paid and send it in electronic form to the Buyer’s e-mail address.
WITHDRAWAL FROM A PURCHASE CONTRACT
1.33. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract:
1.33.1. for the supply of goods whose price depends on fluctuations of the financial market independent of the Seller’s control and which may occur during the period for withdrawal from a contract,
1.33.2. for the supply of goods which have been modified according to the wishes of or for the Buyer,
1.33.3. for the supply of goods which are subject to rapid deterioration, as well as goods which are irreversibly combined with other goods after delivery,
1.33.4. for the supply of sealed goods which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
1.34. In cases not specified in Art. 1.33 or other cases in which it is not possible to withdraw from a Purchase Contract, the Buyer has the right to withdraw from a Purchase Contract within fourteen (14) days of receipt of the goods in accordance with Section 1829 (1) of the Civil Code. In the event that the subject matter of a Purchase Contract consists of several types of goods or a delivery in multiple parts, this period shall begin to run from the date of takeover of the final delivery of goods. Notice of withdrawal from a Purchase Contract must be sent within the period specified in the preceding sentence.
1.35. The Buyer may use the specimen form provided by the Seller, which forms an Annex to these Terms and Conditions, to submit notice of withdrawal from a Purchase Contract. The Buyer must send notice of withdrawal to the address of the shop. The provisions of Art. 11 of these Terms and Conditions shall apply for the delivery of notice of withdrawal from a contract. The Seller shall inform the Buyer of its acceptance in writing without delay.
1.36. In the event of withdrawal from a Purchase Contract pursuant to Art. 1.34 of the Terms and Conditions, the Purchase Contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from a Contract. If the Buyer withdraws from a Purchase Contract, the Buyer shall bear the costs connected with the return of the goods to the Seller, even in cases where the nature of the goods means that they cannot be returned by ordinary post.
1.37. In the case of withdrawal from a contract pursuant to Art. 1.34 of the Terms and Conditions, the Seller shall return the payment received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract by the Buyer by the same method in which the payment was received. If the Buyer consents and does not incur any additional costs, the Seller is also entitled to return the payment provided by the Buyer immediately upon return of the goods by the Buyer or by another method. If the Buyer withdraws from a Purchase Contract, the Seller is not obliged to return the received payment to the Buyer sooner than the Buyer returns the goods or provides evidence that the goods have been sent to the Seller.
1.38. The Seller is entitled to unilaterally offset a claim for compensation for damages caused to the goods against the Buyer’s claim to a refund of the purchase price.
1.39. Until takeover of the goods by the Buyer, the Seller may withdraw from a Purchase Contract at any time. In such a case, the Seller shall return the purchase price to the Buyer by cashless transfer to an account designated by the Buyer without undue delay.
1.40. If a gift is provided with the goods, a donation agreement shall be entered into between the Buyer and the Seller with a subsequent condition that, if the Buyer withdraws from the Purchase Contract, the donation agreement for such a gift shall cease to be effective and the Buyer shall be obliged to return the provided gift to the Seller together with the goods.
SHIPPING AND DELIVERY OF THE GOODS
1.41. In the event that the means of transport is agreed on the basis of a special request from the Buyer, the Buyer shall bear the risk and any additional costs associated with such means of transport.
1.42. If, in accordance with a Purchase Contract, the Seller is obliged to deliver the goods to a location designated by the Buyer in the order, the Buyer shall be obliged to accept the goods upon delivery.
1.43. If, for reasons on the part of the Buyer, it is necessary to deliver goods repeatedly or by another means than that specified in the order, the Buyer shall be obliged to cover the costs connected with repeated deliveries of the goods or with a different means of delivery.
1.44. The Buyer is obliged to check the integrity of the packaging of the goods upon takeover from the carrier and must immediately inform the carrier if any defects are discovered. In the event that a breach of the packaging indicating unauthorised opening of the parcel is found, the Buyer shall not be obliged to accept the parcel from the carrier.
RIGHTS FROM AN UNSATISFACTORY PERFORMANCE
1.45. The rights and obligations of the Parties with regard to an unsatisfactory performance shall be governed by generally binding legislation (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
1.46. The Seller is liable to the Buyer for ensuring that the goods are delivered free of defects. The Seller is particularly liable to the Buyer for ensuring that, at the moment of takeover by the Buyer:
1.46.1. the goods have the properties agreed between the Parties, or if no such agreement exists, the properties described by the Seller or the manufacturer, or that the Buyer expects with regard to the nature of the goods and based on advertisements produced by the Seller of manufacturer,
1.46.2. the goods are fit for the purpose of use presented by the Seller or which goods of this type are ordinarily used for,
1.46.3. the goods correspond in quality or design to the agreed specimen or template if the quality or design is determined according to an agreed specimen or template,
1.46.4. the goods are supplied in the corresponding quantity, size or weight and
1.46.5. the goods comply with the requirements of legislation.
1.47. The provisions specified in Art. 1.46 of the Terms and Conditions shall not apply to goods sold at a discount due to a defect for which the price was reduced or due to wear and tear caused by ordinary use, or to used goods due to a defect present in the goods upon takeover by the Buyer caused by use or wear and tear, or which arise due to the nature of the goods.
1.48. If a defect appears within six months of takeover, the goods shall be considered to have been defective at the time of takeover.
1.49. The Buyer shall exercise its rights arising from an unsatisfactory performance at the address of the Seller’s shop where receipt of a claim is possible with regard to the assortment of goods sold, or at its registered seat or place of business. The moment of enforcement of a claim shall be considered to be the moment the Seller receives the claimed goods from the Buyer.
1.50. Further rights and obligations of the Parties relating to the liability of the Seller for defects may be regulated by the Seller’s claims procedure.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1.51. The Buyer shall become the owner of the goods upon paying the entire purchase price
1.52. The Seller is not bound to any codes of conduct in relation to the Buyer as described in the provisions of Section 1826 (1) e) of the Civil Code.
1.53. Amicable settlement of consumer disputes arising from a Purchase Contract is the responsibility of the Czech Trade Inspection Authority, with its registered seat at the address Štěpánská 567/15, 120 00 Prague 2, Company ID Number: 000 20 869, website: http://www.coi.cz
1.54. The Seller is authorised to sell the goods on the basis of a trade licence. Trade inspection shall be carried out by the relevant Trade Licensing Office within the scope of its authority. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. To a limited extent the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
1.55. The Buyer hereby assumes the risk of change of circumstances pursuant to Section 1765 (2) of the Civil Code.
PERSONAL DATA PROTECTION
1.56. Protection of the personal data of the Buyer, as a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended, and as of 25 May 2018 also by the Regulation of the European Parliament and Council (EU) No. 2016/679 - the General Data Protection Regulation (GDPR).
1.57. The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address and telephone number (hereinafter all collectively referred to as the "pesonal data").
1.58. The Buyer consents to the processing of personal data by the Buyer for the purposes of implementing rights and obligations arising from the Purchase Contract and user account management. If the Buyer does not select another option, he or she also consents to the processing of the personal data by the Seller for the purposes of sending information and business communications to the Buyer. Consent to the processing of personal data in full pursuant to this Article is not a condition which, in itself, would make entry into a Purchase Contract impossible The Buyer is entitled to withdraw his or her consent at any time, by means of electronic message sent the the Seller or by means of regular mail delivered to the registered seat of the Seller.
1.59. The Buyer is aware that he or she is obliged to provide personal data (during registration, in the user account, when placing an order via the e-shop web interface) accurately and truthfully and the to inform the Seller of any changes to the personal data without undue delay.
1.60. The Seller may entrust the processing of the Buyer’s personal data to a third party as a processor. With the exception of persons delivering the goods, the Seller shall not transmit the personal data to third parties without the Buyer’s consent.
1.61. The personal data shall be processed for the entire duration of the user account. The personal data shall be processed electronically by automated means or in printed form by non-automated means.
1.62. The Buyer confirms that the personal data provided is accurate and that he or she has been informed that the personal data is provided voluntarily.
1.63. If the Buyer suspects that the Seller or processor (Art. 1.60) carries out processing of the personal data in violation of the protection of the his or her private and personal life, or in contravention of the law or, as the case maybe, the GDPR, especially if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
1.63.1. request an explanation from the Seller or the processor,
1.63.2. request that the Seller or the processor correct the personal data or erase them completely.
1.64. If the Buyer requests information on the processing of his or her personal data, the Seller is obliged to provide such information solely by electronic means and upon thorough identity verification.
SENDING BUSINESS COMMUNICATIONS AND STORAGE COOKIES
1.65. The Buyer consents to the sending of information relating to the goods, services or the business of the Seller as well as to the sending of the Seller’s business communications to the Buyer’s e-mail address.
1.66. The Buyer consents to the storage of cookies on his or her computer. In the event that a purchase via the website can be carried out and the commitments of the Buyer arising from a Purchase Contract fulfilled without storing cookies on the Buyer’s computer, the Buyer may withdraw his or her consent pursuant to the preceding sentence.
1.67. Notifications regarding relationships between the Seller and the Buyer, particularly regarding withdrawal from a purchase contract, must be delivered by post by registered letter, unless the purchase contract stipulates otherwise. Notifications shall be delivered to the appropriate contact address of the other Party and shall be considered received and effective the moment they are delivered by post, with the exception of notification of withdrawal from a contract by the Buyer, where notice shall be effective if it is sent by the Buyer by the deadline for sending notice.
1.68. Notification which is refused by the addressee, which is not picked up within the collection period, or which is returned undelivered shall also be considered delivered.
1.69. The Parties may send ordinary correspondence by e-mail to the e-mail address specified in the Buyer’s user account or specified by the Buyer in an order, or to the address provided on the Seller’s website.
1.70. If a relationship founded in a Purchase Contract contains an international (cross-border) element, the Parties agree that the relationship shall be governed by Czech law. This shall not effect the rights of the Buyer arising from generally binding legislation.
1.71. If any of the provisions of the Terms and Conditions are invalid or ineffective, or become so, these shall be replaced by provisions which most closely approximate their meaning. The invalidity or ineffectiveness of one provision shall not effect the validity of the remaining provisions. Amendments and supplements to a Purchase Contract or the Terms and Conditions must be made in written form.
1.72. Purchase Contracts, including the Terms and Conditions, are archived by the Seller in electronic form and are not accessible.
1.73. A specimen form for withdrawal from a Purchase Contract forms an Annex to these Terms and Conditions.
1.74. Contact details of the Seller - postal address: STETAGROUP Europe s.r.o., Bruselská 13, Prague 2, 120 00, e-mail address: firstname.lastname@example.org, telephone: 222 230 031.
In Prague, date 25/5/2018