General Terms and Conditions
- These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
Centrum Paraple, o.p.s.
Organization ID: 24727211
Organization Tax ID: CZ24727211
Registered office: Ovčárská 471, 108 00 Praha 10 - Malešice
Registration with the Municipal Court in Prague, Section O, File 746.
phone +420 274 771 478
(hereinafter referred to as “Seller”)
These Terms and Conditions regulate the mutual rights and obligations of the Seller and the individual person who concludes the purchase contract outside its business as a consumer or in the course of its business (hereinafter referred to as "Buyer") through a web interface located at www.paraple.cz/eshop (hereinafter referred to as the
The provisions of the Terms and Conditions form an integral part of the purchase contract. Divergent provisions in the purchase contract shall take precedence over the provisions of these Terms and Conditions.
These Terms and Conditions and the purchase contract are prepared in the Czech and English language.
Product Information and Prices
- Information about the goods, including the prices of the individual goods and its main features, are given for the individual goods in the e-shop catalog. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal route. The prices of the goods remain valid for as long as they are displayed in the e-shop. This provision shall not preclude the conclusion of a purchase contract under individually negotiated conditions.
- Any presentation of goods placed in the catalog of the e-shop is indicative and the Seller is not obliged to conclude a purchase contract regarding these goods.
- The e-shop publishes information on the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of the goods listed in the e-shop only applies in cases where the goods are delivered within the territory of the Czech Republic.
- Any discounts from the purchase price of the goods cannot be combined with each other, unless the Seller and the Buyer agree otherwise.
Purchase Order and Conclusion of the Purchase Contract
- The costs incurred by the Buyer when using 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 standard rate.
- The Buyer orders the goods in the following ways:
Through their customer account, if performed prior registration in the e-shop
Filling-in the order form without registration
- When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.
- Before sending the order, the Buyer is able to check and modify the data entered in the order. The Buyer sends the order to the Seller by clicking the “Submit Order” button. The information submitted in the order form is considered as correct by the Seller. The order is considered valid when all the mandatory data are filled in the order form and the Buyer confirms they are familiar with these Terms and Conditions.
- Upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address entered by the Buyer upon ordering. This confirmation shall be deemed as proof the purchase contract has been concluded. The purchase contract is concluded by confirmation of the order sent by the Seller to the Buyer's
- In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller shall send the amended offer to the Buyer's e-mail address. The amended offer is considered as a new draft of the purchase contract and the purchase contract is in such a case concluded by the Buyer’s confirmation of acceptance of the offer to the Seller to their e-mail address specified in these Terms and Conditions.
- All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives a confirmation of receipt of the order from the Seller. The Buyer can cancel the order by phone at the phone number or by e-mail at the e-mail address specified in these Terms and Conditions.
- In the event that there is an obvious technical error on the side of the Seller in the course of publishing the price of goods in the e-shop or during ordering, the Seller is not obliged to deliver the goods to the Buyer for 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 about the error without undue delay and sends the amended offer to the Buyer to their e-mail address. The amended offer is considered as a new draft of the purchase contract and the purchase contract is in such a case concluded by the Buyer’s confirmation of acceptance of the offer to the Seller to their e-mail address specified in these Terms and Conditions.
- Based on the Buyer's registration made in the e-shop, the Buyer can access their customer account. The Buyer can order goods from their customer account. The Buyer can also order goods without registration.
- When registering the customer account and ordering goods, the Buyer is obliged to provide correct and true information. The Buyer is obliged to update the data specified in the user account in the event of any change. The information provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
- Access to the customer account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Buyer shall not allow the use of the customer account to third parties.
- The Seller may delete the user account, especially if the Buyer no longer uses their user account, or if the Buyer violates their obligations under the purchase contract and these Terms and Conditions.
- The Buyer acknowledges that the user account may not be available 24/7, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
- The Seller shall use the obtained personal data of the Buyer only for purposes related to the conclusion of purchase contracts in the e-shop and shall not use them for other purposes.
Payment terms and delivery of goods
- The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the Buyer in the following ways:
transfer to the Seller's public collection bank account, account number: 932932932/0300
with cashless payment card
cash payment in person at the reception at the Seller's registered office.
- Together with the purchase price, the Buyer is obliged to reimburse the Seller for the costs associated with the packaging and delivery of goods in the agreed amount. Unless stated otherwise below, the purchase price mentioned hereinafter also includes the reimbursement associated with the delivery of goods.
- In the case of payment by money transfer to the Seller's bank account, the purchase price is payable within 14 days of concluding the purchase contract.
- In the case of payment via a payment gateway, the Buyer shall follow the instructions of the respective electronic payment provider.
- 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.
- The Seller does not require any advance payment or other similar payment from the Buyer. The payment of the purchase price before dispatching the goods is not considered an advance payment nor deposit.
- The goods are delivered to the address specified by the Buyer in the order.
- The delivery method is chosen by Buyer during the ordering of goods.
- The costs of goods delivery, depending on the delivery method, are specified in the Buyer's order and in the order confirmation sent by the Seller. If the delivery method is contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this delivery method.
- If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods on delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or by another delivery method than specified in the order, the Buyer shall pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery methods.
- Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the Buyer is not obliged to take over the shipment from the carrier.
- The Seller shall issue to the Buyer an invoice as a tax document upon request. The invoice is sent to the Buyer's e-mail address.
- The Buyer acquires the title to the goods by paying the full purchase price for the goods, including delivery costs, but at the earliest upon receipt of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of acceptance of the goods, or at the moment when the Buyer is obliged to take over the goods, but does not do so contrary to the purchase contract.
Withdrawal from the contract
- The Buyer who has concluded a purchase contract outside their business as a consumer has the right to withdraw from the purchase contract.
- The period for withdrawal from the contract is 14 days
from the date of receipt of the goods,
from the date of receipt of the last delivery of goods, if the subject of the contract is
several types of goods or the delivery of several parts
- In order to comply with the withdrawal period, the Buyer shall send the Seller a statement of withdrawal within the withdrawal period.
- To withdraw from the purchase contract, the Buyer may use the standard withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase contract to the e-mail or delivery address of the Seller specified in these Terms and Conditions. The Seller shall confirm to the Buyer the receipt of the form without delay.
- The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days from the withdrawal from the contract. The Buyer bears the costs associated with the return of goods to the Seller, even if the goods cannot be returned due to its nature by regular mail.
- If the Buyer withdraws from the contract, the Seller shall reimburse them without delay, but no later than within 14 days from the withdrawal from the contract, all cash and non-cash funds, including funds covering delivery costs, which the Seller has received from the Buyer, and in the same payment method. The Seller shall reimburse the funds to the Buyer in another way only if the Buyer agrees and if the Buyer does not incur additional costs due to change of payment method.
- 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.
- 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 they sent the goods to the Seller.
- 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.
- The Seller is entitled to withdraw from the purchase contract due to the shortage of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller informs the Buyer without any delay via the e-mail address specified in the order and returns all funds including the reimbursement of delivery costs, within 14 days of notification of withdrawal from the purchase contract, and in the same payment way or in the manner specified by the Buyer.
Defective performance rights
- 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 when the Buyer took over the goods:
the goods have the characteristics agreed upon by the parties of the purchase contract 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 the Seller or the manufacturer.
the goods are fit 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.
- If the defect becomes apparent within six months of receipt of the goods by the Buyer, the goods shall be deemed to have been defective at the time of receipt. The Buyer is entitled to compensation for a defect that occurs in consumer goods within twenty four months of receipt. This provision shall not apply to the goods sold at a discounted price due to the defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods to a defect corresponding to the degree of use or wear the goods had when taken over by the Buyer, or this due to the nature of the goods.
- In the event of a defect, the Buyer may submit a complaint to the Seller and request:
exchange for new goods,
repair of goods,
a reasonable discount from the purchase price,
withdrawal from the contract.
- The Buyer has the right to withdraw from the contract,
if the goods have a significant defect,
if the goods cannot be used properly due to the recurrence of the defect or defects after repair,
with a larger number of defects in the goods.
- The Seller is obliged to accept the complaint at their registered office. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right to complain, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and its duration, or written justification of rejection of the complaint.
- The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. Complaints, including the repair of defects, must be settled without any delay, 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 when the Buyer exercises their right from defective performance is considered as the time of submitting the complaint.
- The Seller informs the Buyer about the result of the complaint in writing.
- The Buyer is not entitled to exercise their right from defective performance, if the Buyer knew that the goods have a defect before the receipt of the goods, or if the Buyer caused the defect himself.
- In the case of a justified complaint, the Buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The Buyer can exercise this right at the Seller within one month after the expiration of the warranty period.
- The Buyer has the choice of the method of complaint.
- 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.
- Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Procedure.
- The contracting parties may deliver all written correspondence to each other by e-mail.
- 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 the Buyer’s customer account or in the order.
Alternative Dispute Resolution
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Business Registration Number: 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 the purchase agreement.
- European Consumer Center 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 for consumer disputes, and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- 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.
- 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 laws of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
- The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of Section 1826 par. 1 let. e) of the Civil Code.
- All rights to the Seller's website, in particular the copyright to the content, including 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 any part of it without the consent of the Seller.
- The Seller is not responsible for errors caused by third party interventions in the e-shop or as a result of its use contrary to its purpose. When using the e-shop, the Buyer may not use procedures that could adversely affect its operation, and may not perform any activity that could allow them or third parties to interfere with or use the software or other components that make up the e-shop, and use the e-shop or its parts or its software in such a way that would be contrary to its purpose.
- The Buyer hereby accepts the risk of a change of circumstances in the sense of Section 1765 paragraph 2 of the Civil Code.
- The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The Seller is entitled to amend or supplement the wording of these Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
- A template for withdrawal from the contract is attached to these Terms and Conditions.
These Terms and Conditions shall become effective on 1 November 2018.