1. Preambule
These General Business Terms and Conditions (hereinafter also referred to as GTC) apply to purchases made in the online stores online-antikvariat.cz and vykupujeme-knihy-online, which are operated by Roman Frajt. The GTC govern the relationship between the buyer and the seller in the area of goods sales between the company Elibro s.r.o., ID: 07548117, based at Na Folimance 2155/15, Vinohrady, 120 00 Prague 2 (hereinafter referred to as the "seller") and its business partners (hereinafter referred to as the "buyer").
All contractual relationships are concluded in accordance with the legal system of the Czech Republic. By submitting an order, the buyer confirms that they have familiarized themselves with these business terms and conditions, of which the complaint procedure is an integral part, and that they agree with them.
2. Definitions
The seller is Elibro s.r.o., ID: 07548117, based at Na Folimance 2155/15, Vinohrady, 120 00 Prague 2
The buyer is a consumer or entrepreneur.
A consumer is a natural person who, when concluding and fulfilling a purchase agreement with the seller, does not act within the scope of their business or other entrepreneurial activities or within the scope of the independent performance of their profession. The consumer, when initiating business relationships, provides the seller only with their contact details necessary for the smooth processing of the order, or details that they wish to have stated on the purchase documents.
The legal relationships between the seller and the consumer, not expressly governed by these GTC, are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, both in their current versions, as well as related regulations.
An entrepreneur is a person registered in the Commercial Register (mainly business corporations), a person who conducts business based on a trade license (a tradesperson registered in the Trade Register), a person who conducts business based on a license other than a trade license under special regulations (this includes, for example, freelance professions such as legal practice, etc.), and a person who operates agricultural production and is registered in the register according to a special regulation.
The legal relationships between the seller and the buyer, who is an entrepreneur, not expressly governed by these GTC or the Agreement between the seller and the buyer, are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, in its current version, as well as related regulations.
An individual agreement between the seller and the buyer takes precedence over the business terms and conditions.
3. Processing of Personal Data
All handling of buyers' personal data is governed by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and other legal regulations valid in the territory of the Czech Republic. By their free decision (clicking the Order button), the buyer indicates that they are aware of all the above facts and agree to the further processing of their personal data for the purposes of the business activities of the operator of this e-shop. The provision of personal data is voluntary, you have the right to access the data, and you are entitled to protection of rights to the extent stipulated by law. This consent can be revoked in writing at any time. Personal data will be fully secured against misuse. Data will be stored and will not be shared with third-party applications. If the buyer wishes to correct the personal data processed by the seller, they can request this from the seller at the email address info@online-antikvariat.cz or at the seller's above-mentioned postal address.
4. Order and Conclusion of the Contract
The buyer is entitled to order goods from the seller through the e-shop's ordering system or by telephone.
The proposal to conclude a purchase agreement is the placement of the offered goods by the seller on the website; the purchase agreement is concluded by sending the order, or by a telephone order from the buyer and acceptance of the order by the seller. The seller will confirm this acceptance to the buyer without delay by an informative email to the specified email address, but this confirmation does not affect the validity of the contract. The concluded contract (including the agreed price) can only be changed or canceled based on the agreement of the parties or on legal grounds.
These GTC are drawn up in the Czech language, and the purchase agreement can also be concluded only in the Czech language. A consumer who has a permanent residence in a member state of the European Union outside the territory of the Czech Republic, or who is a citizen of a member state of the European Union outside the territory of the Czech Republic, by confirming the order agrees to the conclusion of the purchase agreement in the Czech language. The concluded purchase agreement is archived by the seller and is available to the buyer upon request for 1 year from the date of its signing.
5. Price and Payment
The offer and prices listed on the seller's e-shop are contractual, final, always current, and valid for the period during which they are offered by the seller in the online store. Shipping costs are listed in the "Delivery Time and Conditions" section. The buyer bears the costs of using remote communication means. The final calculated price after filling out the order form already includes shipping. The price applicable at the conclusion of the contract between the seller and the buyer is the price listed for the goods at the time of ordering by the buyer. The tax document based on the purchase agreement between the seller and the buyer also serves as a delivery note. The buyer can only take delivery of the goods after full payment, unless otherwise agreed.
In the event that the buyer makes a payment and the seller is subsequently unable to ensure the delivery of the goods or ensure delivery at the agreed price, the seller will promptly refund the paid amount to the buyer in the agreed manner. The deadline for refunding the expended funds depends on the chosen method of refund but must not exceed 30 days from the moment this impossibility arises.
In the event of an obvious technical error on the seller's side in listing the price of the goods in the web interface 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 has been sent confirmation of the order according to these business terms and conditions. However, the seller will notify the buyer if the price listed for the goods in the web interface or during the ordering process is no longer current. If the buyer does not agree to the change in price, the seller reserves the right to withdraw from the purchase agreement.
The buyer can cancel orders not yet confirmed by the seller by telephone or email message to the seller's contact telephone number or email address. All orders accepted by the seller are binding. In the event that the order is not canceled before dispatch and is dispatched, the buyer may be required to compensate for the costs associated with the dispatch and return of the goods caused by the cancellation of the order.
The goods remain the property of the seller until full payment.
The seller accepts the following payment terms: cash on delivery, advance payment by bank transfer, online payment by card.
6. Delivery Time and Conditions
The seller will fulfill the delivery of the goods by handing over the goods to the buyer or by handing over the goods to the first carrier, thereby transferring the risk of damage to the item to the buyer. The delivery time depends on the availability of the product, payment terms, and delivery conditions. In standard cases, we dispatch the goods within 7 working days of full payment of the purchase price.
For goods that will be paid for by the buyer upon receipt, i.e., cash on delivery, the delivery time starts on the day of the valid conclusion of the purchase agreement. If the buyer chooses a different payment method than payment upon receipt of the goods, the delivery time starts only after full payment of the purchase price, i.e., from the crediting of the relevant amount to the seller's account.
The seller does not usually require a deposit on the purchase price of the goods or a similar payment. However, in justified cases (especially for orders with a total price exceeding 3,000,- CZK), the seller may do so. The seller is entitled to require payment of the full price of the goods before its dispatch or delivery to the buyer.
In the case of cash on delivery payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 working days from the conclusion of the purchase agreement. If the seller does not receive the payment to their account within this period, the order will be canceled by the seller.
In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
The seller reserves the right to refuse to process an order if the specified delivery address is obviously questionable. Information about this refusal will be sent to the customer's email address. If a buyer repeatedly fails to fulfill their obligation to take and pay for the ordered goods, the seller has the right to suspend or refuse the processing of further orders from this buyer.
In the case of an order with payment by invoice (only for schools, libraries, institutions), the seller reserves the right to postpone the processing of the order until the customer pays their previous order.
The seller accepts the following delivery conditions: Geis, Česká pošta, Zásilkovna.
In the event of an exchange of goods within 14 days of the purchase of the goods, the buyer will be charged for postage for each individual shipment of goods to the buyer. In the event of the return of goods by the buyer - consumer to the seller within 14 days, the buyer pays the postage.
7. Warranty and Service
For the sale of consumer goods, the warranty period is 24 months. The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not cover defects for which the lower price was agreed. For used items, the seller is not responsible for defects corresponding to the extent of use or wear and tear that the item had when taken over by the buyer.
To claim a warranty repair or replacement, it is necessary to present the purchase document. If the goods are sent to the seller, it is necessary to pack the goods for transport in such a way that they are not damaged during transport. The seller does not provide post-warranty service to buyers.
8. Complaint Procedure
If the customer is not satisfied with the goods, they are offered a refund upon receipt of the damaged goods. The postage is paid by the operator of this website, and the money for the broken goods will be sent within 5 working days from the receipt of the damaged goods. Please inform us in advance about the damage to the goods by email at info@online-antikvariat.cz.
Return address:
Czech Republic:
Yabyrinth s.r.o.
Pekařská 1748/6 Cheb
350 02
Slovak Republic:
Zásielkovňa.sk
97616131
ENbook.cz
Muchovo námestie 3624/8
851 01 Bratislava
In the event that a defect occurs during the warranty period, the buyer has the following rights depending on the nature of this defect when claiming the warranty:
In the case of a remediable defect:
a) the right to free, proper, and timely removal of the defect
b) the right to exchange the defective goods or defective part, unless this is disproportionate in view of the nature of the defect
c) in the event of the impossibility of the procedures mentioned in points a) and b), the right to an appropriate discount from the purchase price or withdrawal from the purchase agreement
In the case of an irremediable defect:
a) the right to exchange the defective goods or withdraw from the purchase agreement in the case of a remediable defect, if the buyer cannot use the item properly due to the recurrence of the defect after repair (i.e., the goods have already been claimed 3 times for the same defect) or due to a larger number of defects
b) the right to exchange the defective goods or withdraw from the purchase agreement in the case of other irremediable defects and if the buyer does not request the exchange of the item: a) the right to an appropriate discount from the purchase price or withdrawal from the purchase agreement. Complaints can be made to the seller.
Complaints do not apply to cases where:
- the defect or damage was demonstrably caused by incorrect use, contrary to the instructions for use or other incorrect actions by the buyer, or demonstrable unauthorized interventions in the goods
- for defects that arose from normal wear and tear of consumer goods with a specified period of use according to special legal regulations, if such a complaint is made after the expiration of this period
- defects caused by natural disasters
9. Termination of the Contract
The customer has the option to return the goods within 14 days of receipt. The postage is paid by the operator of this website, and the money for the goods will be sent within 5 working days from the receipt of the goods. Please inform us in advance about the damage to the goods by email at info@online-antikvariat.cz.
Return address:
Czech Republic:
Yabyrinth s.r.o.
Pekařská 1748/6 Cheb
350 02
Slovak Republic:
Zásielkovňa.sk
97616131
ENbook
Muchovo námestie 3624/8
851 01 Bratislava
Due to the nature of the conclusion of the purchase agreement through remote communication, the buyer, who is a consumer, has the right to withdraw from this agreement without any penalty within 14 days of receipt of the goods. Furthermore, the buyer, who is a consumer, has the right to withdraw from the agreement in accordance with § 53 paragraph 7 and 8 of Act No. 40/164 Coll., the Civil Code, as amended. The above does not apply to a buyer who is an entrepreneur and concludes a purchase agreement in connection with their business activities. In the event of the above withdrawal from the contract, the purchase price will be sent to the buyer's bank account, which the buyer will provide to the seller for this purpose.
The buyer thus has the right to a refund of the amount paid for this goods (the seller does not refund the amount paid for packaging, postage, or cash on delivery), provided that the returned goods are not damaged or otherwise devalued; in the case of multimedia and audio carriers (CD, MC, CD-ROM), the shrink wrap must not be broken. The buyer will deliver the goods at their own expense to the seller's address.
The seller has the right to withdraw from the contract if the buyer does not pay the full purchase price within 14 days from the date of conclusion of the purchase agreement.
10. Final Provisions
The buyer undertakes to pay all costs incurred by the seller in sending reminders and costs associated with the collection of any claims. The buyer acknowledges that the seller is entitled to assign its claim from the contract to a third party. The mutual obligation relationship of the contracting parties is governed by the legal system of the Czech Republic, especially Act No. 40/1964 Coll., the Civil Code, in its current version. For the purposes of contracting with an international element, the parties hereby agree, in accordance with Art. III of Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council on June 17, 2008 (hereinafter referred to as "Rome I"), that they have chosen Czech law as the applicable law for the purchase agreement and these GTC, with the exclusion of the use of the "United Nations Convention on Contracts for the International Sale of Goods". This choice does not affect Art. VI of Rome I, concerning consumer contracts.
In the event that any provision of the contract and/or GTC is or becomes or is found to be invalid or unenforceable, this will not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the contract and/or GTC. In such cases, the contracting parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that has, to the maximum extent possible, the same meaning and effect as intended by the provision to be replaced.
For legal certainty, the contracting parties hereby declare that, for cases of contracting with an international element for any disputes (with the exception of disputes where exclusive jurisdiction is given to the decision-maker and/or in connection with them) or for cases where it would be decided by a competent court decision that there is no jurisdiction of the decision-maker according to this article of the GTC, that in accordance with Art. 23 of Council Regulation (EC) No. 44/2001 of December 22, 2000, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, they agree on the exclusive jurisdiction of the District Court in Prague and for the decision of all future disputes arising from the contract and/or GTC and/or in connection with them. Also, the contracting parties hereby establish, for all disputes in connection with the Contract and GTC (with the exception of disputes where exclusive jurisdiction is given to the decision-maker and/or in connection with them), the exclusive jurisdiction of the District Court in Prague.
These GTC become effective and valid on April 22, 2015, and are also available on the seller's website. The seller is entitled to change these GTC at any time. The GTC will then cease to be effective and valid on the date of the effectiveness of the subsequent GTC.
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