Terms and conditions 

of the company Kolibrik.net, s.r.o., Smetanova 34, Žďár nad Sázavou, 59101. IČ: 05897408, registered in the Commercial Register kept by the Regional Court in Brno, Section C, insert 98802

 

for the sale of products through on-line shop placed on the website.      

1.       INTRODUCTORY PROVISIONS

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’), these Terms and Conditions (hereinafter referred to as the ‘Terms and Conditions’) of the sole trader Kolibrik.net, s.r.o. with his registered office at Smetanova 34, ŽĎár nad Sázavou 591 01, Tax ID no. CZ05897408, registered at the Trade Register of City Office of Brno (hereinafter referred to as the ‘Seller’) govern the mutual rights and obligations of the Contracting Parties arising in connection with the conclusion of the Purchase Agreement (hereinafter referred to as the ‘Purchase Agreement’) between the Seller and another physical person (hereinafter referred to as the ‘Buyer’) via the Seller’s e-shop. The e-shop is operated by the Seller on a website located at https://www.kolibrik.ai-shop.cz (hereinafter referred to as the ‘website’) through the interface of the Website (hereinafter referred to as the ‘web interface of the shop’).

1.2.       The Buyer is obligated to become acquainted with these Terms and Conditions of the Seller. By placing the order, the Buyer accepts these Terms and Conditions and agrees with their content.

1.3.     The wording of the terms and conditions may be altered or supplemented by the seller. This provision is without prejudice to rights and obligations arising over the period of effect of the previous version of the terms and conditions.

2.       USER ACCOUNT

2.1.       Based on the Buyer’s registration made on the website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can perform the ordering of goods (hereinafter referred to as the ‘user account’). The Buyer can also order goods without registration directly from the web interface of the shop.

2.2.       When registering on the website and when ordering goods, the Buyer is obligated to state all data correctly and truthfully. The Buyer is obligated to update the data stated in the user account upon any change. Data provided by the Buyer in the user account and when ordering goods are considered by the Seller to be correct.

2.3.       Access to the user account is secured by a user name and password. The Buyer is obligated to maintain confidentiality regarding the information necessary to access his/her user account.

2.4.       The Seller may cancel the user account, especially when the Buyer does not use his/her user account for more than a year, or immediately in a case when the Buyer breaches his/her obligations under the Purchase Agreement (including Terms and Conditions).

2.5.       The Buyer notes that the user account may not be available continuously, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties.

3.       CONCLUSION OF THE PURCHASE AGREEMENT

3.1.      All presentations of the goods placed in the web interface of the shop are informative and the Seller is not obligated to conclude a purchase agreement for these goods. The provision of Section 1732 (2) of the Civil Code shall not apply.

3.2.      The web interface of the shop contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods cannot, by definition, be returned through their normal postal route. Prices of goods are listed including VAT and all other taxes and fees. However, the prices of goods do not include the costs associated with the delivery of the goods (postage, transport). Prices of goods remain valid for as long as they are displayed in the web interface of the shop.

3.3.       The web interface of the shop also includes information on packaging and shipping costs. The price of the goods does not include costs associated with the delivery of the goods.

3.4.       To order the goods, the Buyer shall complete the order form in the web interface of the shop. The order form contains, in particular, information on:

• other ordered goods (the Buyer shall ‘place’ the ordered goods into the electronic shopping cart of the web interface of the shop),
• the method of payment of the purchase price of the goods, 
• information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the ‘Order’).

3.5.       Before sending the Order to the Seller, the Buyer is allowed to check and modify the data that the Buyer has placed in the Order, also with respect to the Buyer’s ability to identify and correct the errors incurred when entering the data into the Order. The Order shall be sent by the Buyer to the Seller by clicking on the appropriate order button. The data stated in the Order are deemed correct by the Seller. By properly filling in and sending the Order, the Buyer confirms, inter alia, that he/she agrees to these Terms and Conditions and the data and consents contained therein. Upon receipt of the Order, the Seller shall confirm this receipt to the Buyer by e-mail, to the e-mail address of the Buyer stated in the user account or in the Order (hereinafter referred to as the ‘e-mail address of the Buyer’). If the ordered goods are not in stock, or the stated delivery date cannot be met, or if the Order cannot be accepted for any other reason, the Buyer shall be informed about this via the e-mail address of the Buyer.

3.6.      The contractual relationship between the seller and the buyer arises from the delivery of the order acceptance (acceptance), which is sent to the buyer by e-mail to the buyer's e-mail address.

4.      PRICE OF GOODS AND TERMS OF PAYMENT

4.1.       The price of the goods and potential costs associated with the delivery of goods may be paid by the Buyer to the Seller in the following manner:

 via a cashless payment card maintained by the GoPay company

via a cashless wire transfer to the Seller’s bank accounts, either to the account in EUR: CZ62 0300 0000 0002 8798 3242 or to the account in USD: CZ83 0300 0000 0002 9437 8462, maintained by the ČSOB a.s. (hereinafter referred to as the ‘Seller’s bank account’);

4.2.       Together with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with the delivery of the goods at the agreed rate. 

4.3.      If it is customary in the course of trade or if stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice, to the Buyer concerning the payments made under the Purchase Agreement. The Seller is a value-added taxpayer. The tax document – invoice, shall be issued by the Seller to the Buyer after the payment of the purchase price of the goods and shall be sent in the electronic form to the e-mail address of the Buyer.

5.     WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1.       The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Agreement for the supply of goods, which had been adjusted according to the Buyer’s wish or for his/her person.

5.2.       If the situation mentioned in Article 5.1. or another situation when it is not possible to withdraw from the Purchase Agreement is not the case, the Buyer, in accordance with the provision of Section 1829 (1) of the Civil Code has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in which case the subject matter of the Purchase Agreement consists of several types of goods and the delivery of several parts, this period runs from the date of the receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the e-mail address: info@kolibrik.net, in the text of which he/she shall state: ‘I declare that I hereby withdraw from the Purchase Agreement of these goods: ….., order number ……….’. 

5.3.       In the case of withdrawal from the Purchase Agreement according to Article 5.2. of the Terms and Conditions, the Purchase Agreement shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the date of withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned through their normal postal route.

5.4.       In the case of withdrawal from the Purchase Agreement according to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement, in the same manner as the Seller has received them from the Buyer. If the Buyer indicates his/her bank account details in the withdrawal notice, the Seller shall return the funds to the Buyer to the specified bank account.
The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees with it and no additional costs to the Buyer shall incur. If the Buyer withdraws from the Purchase Agreement, the Seller is not obligated to return the received funds to the Buyer before the Buyer has returned the goods or shows that the goods had been dispatched to the Seller.

6.       TRANSPORT AND DELIVERY OF GOODS

6.1.       If the mode of transport is agreed upon by a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2.        If the Seller is obligated to deliver the goods to a place specified by the Buyer in the Order, according to the Purchase Agreement, the Buyer is obligated to take over the goods upon delivery.

6.3.       If for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obligated to pay the costs associated with the repeated delivery of the goods, or the costs associated with another delivery method.

6.4.      Upon the takeover of the goods from the carrier, the Buyer is obligated to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorised entry into the consignment, the Buyer is not required to take over the consignment from the carrier.

7.       DEFECTIVE PERFORMANCE RIGHTS

7.1.       The rights and obligations of the Contracting Parties regarding the rights to defective performance are governed by the relevant generally binding legal regulations, in particular, Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., On Consumer Protection.

7.2.       The seller responds to the buyer that the goods are free from defects when they are taken over. In particular, the seller responds to the buyer that at the time the buyer took over:

• the goods have characteristics that the parties have negotiated,
• the goods fit the purpose stated by the seller for their use, or for which goods of this kind are usually used,
• are goods in appropriate quantity, measure or weight, and
• the goods comply with the requirements of the legislation.

8.      OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1.      The Buyer acquires ownership of the goods at the moment of receipt of the goods.

8.2.       The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of provisions of Section 1826 (1) (e) of the Civil Code.

8.3.       VAmicable settlement of complaints of consumers is provided by the Seller through the e-mail address of the Seller. Information on the execution of complaints shall be sent by the Seller to the Buyer to the e-mail address of the Buyer.

8.4.      The Seller is entitled to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined range, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.

9.       PERSONAL DATA PROTECTION

9.1.       Its obligation to inform the buyer within the meaning of Art. 13 Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the General Data Protection Regulation (the GDPR Regulation), related to the processing of the purchaser's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public obligations, is fulfilled by the seller through a separate document.

10.    SENDING OF COMMERCIAL COMMUNICATIONS AND STORING OF COOKIES

10.1.The Buyer agrees to the sending of information related to the Seller’s goods, services, or business to the e-mail address of the Buyer, and also agrees to the sending of commercial communications to the e-mail address of the Buyer.

10.2.   The Buyer agrees to the storing of so-called cookies on his/her computer. If it is possible to carry out a purchase on the website and fulfil the Seller’s obligations under the Purchase Agreement without so-called cookies being stored on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.

11.     DELIVERY

11.1.    The delivery to the Buyer may be carried out to the e-mail address of the Buyer, or to the stated postal address.

12.    FINAL PROVISIONS

12.1.    Relationships not governed by the Terms and Conditions are governed by the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.

12.2.    If a relationship based on a purchase agreement contains an international (foreign) element, then the Contracting Parties agree that the relationship is governed by Czech law. If you are a consumer, and the provisions of the law of your habitual residence, from which you cannot derogate by law, provide you with a higher level of protection than the Czech legal order, this higher level of protection is provided to you in legal relations.

12.3.   If any provision of the Terms and Conditions is invalid or ineffective or becomes such, a provision shall be introduced instead of the invalid provisions, the meaning of which shall be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.

12.4.     Seller’s contact detail address for delivery: Kolibrik.net, s.r.o., Smetanova 34, Žďár nad Sázavou 591 01
email: info@kolibrik.net

 

 

Ve Ždáře nad Sázavou       dne      1.9.2020