SELLER’S RIGHTS AND DUTIES
- These are business terms of the entrepreneur Michal Vondrášek (hereinafter referred to as „the Seller"), according to the Trades Licensing Act IN: 07296223, whose place of business is: Tismice 117, 28201 Český Brod, govern, in accordance with the provision of § 1751 art. 1, Act no. 89/2012 Coll. of the Civil Code (hereinafter referred to as „the Civil Code"), mutual rights and duties of contractual parties arising in connection with or based on a contract of purchase (hereinafter referred to as „the contract of purchase") entered into by the seller and any natural person (hereinafter referred to as „the Buyer") by means of the seller’s e-shop. The e-shop is run by the seller on the website placed on www.inkalife.eu.
- Provisions of the business conditions are an integral part of the contract of purchase. The contract of purchase and the business conditions are drawn in Czech. The contract of purchase can be concluded in Czech.
- The website of the e-shop contains information about merchandise, including price of every commodity and costs of returning the commodity, in case this commodity, due to its nature, is not possible to return via a regular post service. This provision does not limit a right of the Seller to close the contract of purchase under individually negotiated terms.
- The website of the e-shop also contains information concerning packaging and delivery costs. These prices are only valid when delivering goods within the area of the Czech Republic.
- The Seller is bound to fulfil with a definite order and dispatch ordered goods to the address stated in that order within two weeks from receiving the order. The Seller reserves the right to refuse fulfilling an order, if the stated delivery address is markedly dubious. They are to inform the Buyer about such refusal by e-mail. An order is considered a definite one 1 hour after receiving it by the Seller.
- If given conditions are met, the Seller is to return the amount paid by the Buyer for the goods returned by means of a postal order to the address, which is identical with the original delivery address within seven business days from receiving the returned goods. The Seller does not return the amount covering packaging and delivery costs.
- The Seller is bound to use any personal data provided by the Buyer only for purposes connected to services of the Inka Life e-shop and not to provide them to any third party, unless fulfilling the order requires so. If the Buyer submits a written request, the Seller is obliged to delete the data of theirs from the customer database.
- If the Buyer repeatedly does not fulfil their obligation to accept and pay for the definitely ordered goods, the Seller has a right to temporarily stop or refuse altogether fulfilling other orders from this Buyer.
BUYER’S RIGHTS AND DUTIES
- When ordering goods, the Buyer is bound to state all the data correctly and truthfully. The data stated by the Buyer during the ordering process are considered correct by the Seller.
- The Buyer is bound to receive definitely ordered and delivered goods as well as pay the total price for the goods ordered and any other fees related to it such as postage, packaging and/or cash on delivery as stated in the definite order.
- The Buyer has right to cancel their order on the website of the e-shop within one hour after sending it.
- Before the order is sent the Buyer is enabled to check and change data they filled in. The data stated in the order are considered correct by the Seller. Once the Seller receives the order, they will confirm it by e-mailing the Buyer using the address from their user profile or the order itself.
- Based on the provision of § 1829 of the Civil Code, the consumer has the right to withdraw from the contract within 14 days from receiving the goods. The Buyer is therefore entitled to receive their money back (excluding packaging fees and postal charge) if the following conditions are met:
- The returned goods must not be damaged or otherwise depreciated.
- The Buyer will deliver the ordered goods in person or by post at their own expense to the Seller’s address. The Buyer is bound to insert a copy of the cash on delivery or package postal order into the parcel with returned goods.
- The Buyer has a right to have their personal data deleted from the customer database, provided they have not made any order, based on a written request sent to the address of the Seller. This request has to contain the username and the password of the Buyer.
- If the Buyer chooses one of the prepayments to the account of the Seller (bank transfer), they are bound to settle the total price of the order within 14 days from making it. If the Buyer does not receive the payment to their account by then, the order will be cancelled.
PROTECTION OF PERSONAL DATA
- The Buyer acknowledges that the Seller processes customer personal data once they fill in a registration form and therefore create their user profile (hereinafter referred to as „the User")
- Personal data protection of the User who is a natural person is secured in accordance with the Act covering handling personal data no. 101/2000 Coll. as amended.
- The User agrees with processing the following personal data of theirs: name, surname, e-mail address, phone number and place of residence.
- The buyer agrees with processing their personal data by the Seller for the purposes of realization of rights and duties from the contract of purchase and for the purpose of keeping a user profile. Unless the Buyer chooses a different option, they also agree with processing of their personal data by the Seller for the purpose of receiving information and commercial communication from the Seller. The consent with processing personal data in its entirety according to this article does not prevent entering the contract of purchase.
- The buyer is bound to state their personal data truthfully and to inform the Seller about any changes without delay.
- Personal data will be processed for an indefinite period of time by means of a secure computer program.
- The rights and duties of the contractual parties regarding warranty claims are governed by the applicable legislation (esp. by provisions § 1914 - 1925, § 2099 - § 2117 and § 2161 - § 2174 of the Civil Code and the Act no. 634/1992 Coll., regarding consumer rights protection as amended)
- The Seller guarantees that the goods are in a perfect state when they are handled over to the carrier. The seller specifically guarantees that:
- The goods have qualities both parties agreed upon and if such agreement is missing, the qualities answer to the description the Seller made or the Buyer expected regarding the nature and description of the goods.
- The goods are fit to the purpose stated by the Seller.
- The goods come in correct number, weight or size and comply with up-to-date legislation.
- The Buyer has to check the delivered goods without delay and, if any defects are found, inform the Seller within 3 days.
- The Buyer has to inform the Seller in a written form (by e-mail) or by phone within 3 days from receiving the goods. When choosing a written form, the defects must be clearly stated and the way they manifest clearly described.
- The written notification has to be submitted either by e-mail (see section Contacts) or at the place of business. A copy of the invoice and a receipt proving the payment and delivery have been done has to be attached as well.
- The Seller is not responsible for any damage ensuing from using the products or their incompetent use, their functional qualities or any damage caused by external events or incorrect manipulation with the product. This type of damage is also excluded from the warranty.
- Any an out-of-court lawsuit concerning consumer dispute will be handled by Česká obchodní inspekce (Czech Business Inspection), based at Štěpánská 567/15, 120 00 Praha 2, IČ: 00020869, website: www.coi.cz.
DELIVERY TERMS AND POSTAGE
- The Buyer will be informed about fulfilling the order by e-mail unless it is impossible due to incorrectly stated e-mail address or their mailbox being filled up. In that case the customer receives an sms or a phone call to a phone number stated in the order.
- If goods are paid for by means of cash on delivery, the postage charge is 130 CZK. If goods are paid for beforehand by bank transfer, the postage charge is 100 CZK including VAT.
- The postage is free if the total order is over 3.000 CZK including VAT.
Orders are, wherever possible, processed immediately. If the Seller does not have an item in stock but it is on its way, the processing period might extend to 2 or 3 business days from receiving the order. If the Seller is out of stock altogether, the Buyer will be contacted and informed.
MEANS OF PAYMENT
- The Seller accepts the following payment methods:
- Cash on delivery – the Buyer pays the purchasea price to the carrier when receiving the goods
- Prepayment by means of bank transfer to the Seller’s account no.: IBAN: CZ7120100000002301469020, BIC/SWIFT:FIOBCZPPXXX
Fio banka, a.s., V Celnici 1028/10, 117 21 Praha 1, Michal Vondrášek
The Seller does not require a deposit or any similar payment from the Buyer. This does not affect the provisions of these terms of business regarding the duty to pay for the goods beforehand.
In case the Buyer does not confirm their order sufficiently, the Seller has the right to claim paying the full price for the goods even before sending off the goods to the Buyer. The provision § 2119 Art.1 of the Civil Code shall not be used.
DELIVERY AND ACCEPTING THE GOODS
- The usual delivery time of the parcel is up to 2 days from the email confirming processing the order. The Seller uses the PROFI service of the Czech Post service. The Seller recommends the Buyer to collect the parcel within the time limit set by the Czech Post service (14 days). If the parcel comes back to the Seller, they will bill the Buyer another 120 CZK for resending the package.
- While taking over the package, the Buyer must visually check if it is not damaged. If the Buyer receives a damaged package, they must check its contents in the presence of the carrier. Should any of the items included be damaged, the Buyer must file a written complaint to a carrier immediately as well as inform the Seller about the situation by any means.
- If the relationship based on the contract of purchase contains an international element, both parties agree that the relationship is governed by the Czech law. This does not affect consumer rights ensuing from applicable legislation.
- The contract of purchase including the business terms is archived by the Seller in electronic form and is not available.
- The contact information of the Seller is as follows: delivery address:
Tismice 117, 28201 Český Brod, Czech Republic; e-mail: firstname.lastname@example.org; ph.nr. + 420 720 571 719.