Terms and Conditions
1. These general business conditions (hereinafter referred to as “business conditions”) are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”)
Ing. Zbyněk Horka
Company ID: 08631859
with registered office: Sádky 796 / 2c, 171 00, Prague 7 – Troja
registered with the Office of the Prague 7 City District
contact details: Sádky 796 / 2c, 171 00, Prague 7 – Troja
phone number: +420 608702021
(hereinafter referred to as the “seller”)
2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter “buyer”) through a web interface located on a website available on the Internet. address www.leathersecrets.cz (hereinafter referred to as the “online store”).
3. The provisions of the business 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.
4. These business conditions and the purchase contract are concluded in the Czech or English language.
Information on goods and prices
1. Information about the goods, including the prices of individual goods and their main properties, are given for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by ordinary mail. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
2. Information on the costs associated with the packaging and delivery of goods is published in the online store.
3. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
Ordering and concluding a purchase contract
1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
2. The buyer orders the goods by filling out the order form without registration.
3. When placing an order, the buyer chooses the goods, the number of pieces 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 on 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 from the buyer that he has read 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 e-mail address that the buyer entered when ordering. This confirmation is considered as the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller.
6. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer’s confirmation of acceptance of this offer to the seller to his e-mail 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 a notification of receipt of the order by the seller. The buyer can cancel the order by phone to the phone number or e-mail of the seller specified in these terms and conditions.
8. In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this clearly incorrect price. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the e-mail address of the seller.
Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
2. The period for withdrawal from the contract is 14 days
● from the date of receipt of the goods,
● from the day of taking over the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts,
● from the day of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. The buyer may not, inter alia, withdraw from the purchase contract
● provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
● on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,
● on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
● delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return,
● in other cases specified in § 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller.
6. If the buyer withdraws from the contract, the seller shall return to him immediately, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, which he received from him, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
7. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
8. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
9. The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
10. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer .
Defective performance rights
1. 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 characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of advertising made by them,
● the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
● the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
● the goods are in the appropriate quantity, measure or weight, and
● the goods comply with the requirements of legal regulations.
2. The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.
3. In the event of a defect, the buyer may submit a complaint to the seller and request it
● exchange for new goods,
● repair of goods,
● a reasonable discount from the purchase price,
● withdrawal from the contract.
4. The buyer has the right to withdraw from the contract,
● if the goods have a significant defect,
● if the item cannot be used properly due to the recurrence of the defect or defects after repair,
● in case of a larger number of defects of the goods.
5. A breach of contract is substantial which the party to the breach already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.
6. In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
7.If a remediable defect has occurred repeatedly after repair (usually a third claim for the same defect or a fourth for different defects) or the goods have a large number of defects (usually at least three defects simultaneously), the buyer has the right to claim a discount on the purchase price, exchange goods or withdraw from the contract.
8. When making a complaint, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
9. If repair or exchange of goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.
10. If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer’s claim.
11. The buyer cannot claim discounted goods for the reason for which the goods are discounted.
12. The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint requires the buyer, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
13. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
14. The seller informs the buyer in writing about the result of the complaint.
15. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
16. In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
17. The buyer has the choice of the method of complaint.
18. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
1. The Contracting Parties may communicate all written correspondence to each other by electronic mail.
2. The buyer delivers correspondence to the seller to the e-mail address specified in these terms and conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his customer account or in the order.
1. All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. Unless the buyer gives written permission to the seller, the seller will not use the buyer’s data other than for the purpose of performance of the contract, except for e-mail addresses to which commercial communications may be sent, as this procedure is permitted by law unless expressly rejected. These messages can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, e-mail or by clicking on a link in the commercial message). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
Out-of-court dispute resolution
1. The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
2. The European Consumer Center of the Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
1. All agreements between the seller and the buyer are governed by the laws 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 the consumer’s rights arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
3. All rights to the seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may 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, or its parts or software in such a way that would be contrary to its purpose or purpose.
5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
6. The purchase contract, including business 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 period of validity of the previous version of the terms and conditions.
These terms and conditions take effect on 1.6.2020