terms and conditions

Stavební práce Pelikán s.r.o.

ID: 07888643

Registered office Pod Rozhlednou 142/11, Plzeň Újezd, 312 00

These terms and conditions (hereinafter referred to as "T&C") define and specify the rights and obligations of the parties arising from the purchase contract concluded between the seller and the buyer. All contractual relations are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, relations not regulated by the Terms and Conditions are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.), otherwise by the Civil Code.

Definition of terms

For the purposes of these Terms and Conditions, the Seller is Stavební práce Pelikán s.r.o., ID No.: 07888643. The Seller acts within the scope of its normal business activities when concluding and performing the Contract.

For the purposes of these Terms and Conditions, the Buyer is any customer of the Seller who places a binding order for the delivery of goods via the Seller's online shop located at teresa- pelican.com (hereinafter referred to as the "E-shop").

For the purposes of these T&C, a consumer is a Buyer who is not acting in the course of his/her trade or other business activity when concluding and performing the contract.

For the purposes of these T&C, a consumer contract is any purchase contract concluded between the Seller and the Consumer concluded in the Seller's E-shop.

Communication before the conclusion of the contract

The Seller hereby discloses in accordance with § 1843 in conjunction with § 1820 of Act No. 89/2012 Coll., as amended, that:

1. the cost of means of distance communication does not differ from the basic rate (i.e. according to the terms and conditions of your telephone or internet service provider)

2. requires payment of the full purchase price before delivery of the goods to the Buyer and in the case of payment by transfer to the Seller's account before shipment of the goods to the Buyer, no other advance payment is required by the Seller,

3. does not enter into contracts subject to repeated performance,

4. does not conclude contracts for an indefinite period of time,

5. in the event that the Buyer concludes a purchase contract by distance method within the meaning of § 1820 et seq. of Act No. 89/2012 Coll., as amended, and at the same time as a consumer within the meaning of § 419 of Act No. 89/2012 Coll., as amended, he has the right to withdraw from the contract (unless otherwise specified below) within a period of fourteen days, which shall run if it is

a) a contract of sale, from the date of receipt of the goods,

(b) a contract the subject matter of which is several goods or the supply of several parts, from the date of receipt of the last delivery of the goods; or

(c) a contract the subject matter of which is a regular recurring delivery of goods, from the date of acceptance of the first delivery of goods, whereby the Seller does not enter into such contracts;

Such withdrawal must be sent by the consumer to the address of the Seller's registered office. A sample withdrawal form is an integral annex to these OP.

The consumer cannot withdraw from the contract:

(a) for the provision of services which the Seller has performed with the prior express consent of the Consumer before the expiry of the withdrawal period,

b) for the supply of goods or services whose price depends on financial market fluctuations independent of the Seller's will and which may occur during the withdrawal period,

(c) for the delivery of alcoholic beverages which may be delivered after the expiry of the thirty days and the price of which depends on financial market fluctuations independent of the Seller's will,

(d) the delivery of goods which have been modified according to the wishes of the consumer or for his person,

(e) the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,

(f) repair or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,

(g) the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,

(h) the supply of an audio or visual recording or a computer program where the original packaging has been damaged,

(i) the supply of newspapers, periodicals or magazines,

(j) for accommodation, transport, catering or leisure activities, provided that the entrepreneur provides these services within the specified time limit,

(k) concluded on the basis of a public auction pursuant to the law governing public auctions, or

(l) for the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period

In the event of withdrawal from the contract, the consumer shall bear the costs of returning the goods and, in the case of a contract concluded by means of distance communication, the costs of returning the goods if the goods cannot be returned by normal postal means due to their nature. In addition, the consumer shall be obliged to pay a proportionate part of the price in the event of withdrawal from a contract the subject of which is the provision of services and the performance of which has already begun.

Supervision of compliance with the obligations under Act No 634/1992 Coll., on Consumer

Protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).

Negotiation of the conclusion of the contract:

1. The Buyer makes a binding order of goods presented by the Seller on the Internet address of the E-shop by filling in and sending the electronic form located on the E-shop website. The order shall include a declaration of the Buyer's acceptance of these Terms and Conditions, which are published in full on the E-shop website. Without confirmation of acceptance of these OP, the Buyer's order is invalid.

2. By accepting these OPs, the Buyer acknowledges that the Seller's expression of will consisting in the publication of the Seller's range of goods on the E-shop's website, including the publication of the price of the goods, is a binding offer within the meaning of Section 1732 of the Civil Code made subject to the exhaustion of stocks or the loss of the Seller's ability to perform within the meaning of Section 1732(2) of the Civil Code.

3. Upon delivery of a valid order to the Seller, the purchase contract is concluded. The Buyer shall be notified of the delivery of the order without undue delay by e-mail sent by the Seller to the e- mail address specified by the Buyer in the order.

4. In case of exhaustion of stocks of the ordered goods or in case of loss of the Seller's ability to fulfill the delivery of the ordered goods, the Seller is entitled to refuse to accept the delivered order, if it notifies the Buyer of this fact without undue delay. In such case, neither party shall have any right to performance against the other party. The Parties agree to this condition as a resolutive condition and the Purchase Contract shall terminate in such case without further delay.

Delivery of the goods

1. The Seller is obliged to deliver the ordered goods to the Buyer within the delivery period, which depends on the Buyer's chosen method of delivery. The delivery terms are specified in more detail in the delivery conditions, which are published on the E-shop website in the section All about the purchase. By submitting an order, the Buyer accepts these delivery conditions without reservation.

2. For the purposes of these Terms and Conditions, the goods are deemed to have been delivered:

a) The Buyer's receipt of the goods at the Seller's premises,

b) By handing over the goods to the Buyer at the address specified by the Buyer, if the Seller arranges transport for the Buyer at the Buyer's expense,

c) Handing over the goods for transport, if the Buyer arranges the transport at his own expense through a third party of his choice.

3. The Buyer bears the costs of transport, unless otherwise agreed between the parties in an individual case, especially when taking delivery of larger quantities of goods or goods of greater value.

4. The Seller shall not be liable and shall not be in default of delivery of the goods due to and for the duration of force majeure. For the purposes of these GTC, force majeure shall include, but not be limited to, natural disasters, strikes, traffic and air accidents.

5. The risk of damage to the goods passes from the Seller to the Buyer upon delivery of the goods. Title to the goods passes from the Seller to the Buyer upon delivery of the goods and full payment of the purchase price including any contractual and/or statutory penalties.

Defects in performance

The performance of the Seller shall be deemed defective if the goods have not been delivered to the Buyer in the agreed quantity or quality (hereinafter referred to as "defects of performance"). In such a case, the Buyer shall be entitled to have the Seller restore the goods to the condition corresponding to the purchase contract free of charge and without undue delay, either by replacing the goods or repairing them or by supplying the missing goods, as requested by the Buyer; if such procedure is not possible, the Buyer may demand a reasonable discount on the purchase price of the goods or withdraw from the contract. This does not apply if the Buyer knew, should have known or could have known about the defect in performance before taking over the goods or even caused the defect himself. The Buyer is entitled to exercise the right to claim a defect in performance that becomes apparent within 24 months of taking delivery of the goods.

This does not apply to usable goods with a shorter shelf life.

Complaints procedure

I. Introductory provisions

Matters not covered by these Complaints Procedure shall be governed by the law of the Czech Republic. This Complaints Procedure is issued in accordance with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended. This Complaints Procedure was adopted on 01.03.2017.

II. Seller's liability for defects

1. The Seller shall be liable for defects to the extent of the applicable legislation, in particular the Civil Code and the Consumer Protection Act.

2. The seller is not liable for defects in the following cases

- the defect was caused by the buyer,

- the defect has been caused by improper use, storage, improper maintenance, interference by the buyer or mechanical damage,

- the defect has been caused by wear and tear caused by normal use or by the nature of the item (e.g. expiry of its useful life),

- if the item is defective at the time of acceptance and a discount on the purchase price is agreed for such defect,

- if the goods are second-hand and the defect corresponds to the degree of use or wear and tear the goods had when the buyer took them over,

- the defect is due to an external event beyond the seller's control.

III. Exercise of the claim

1. The Buyer has the right to file a claim with the Seller at any of its premises, where the acceptance of the claim is possible with regard to the sold range of products, or at the Seller's registered office. The Seller shall ensure the presence of an employee in charge of receiving complaints throughout the operating hours of the establishment. The complaint may also be lodged with the person designated for this purpose in the confirmation issued by the Seller to the Buyer, on the proof of purchase (receipt) or on the warranty card, if the designated person is at the Seller's location or at a location closer to the Buyer. The Buyer shall be obliged to deliver the claimed goods to the Seller at his own expense to assess the validity of the claim and its settlement.

2. The Buyer is obliged to prove that he is entitled to make a claim, in particular to prove the purchase of the goods and its date, either by presenting a sales receipt, a warranty certificate, or in another credible way.

3. When making a claim, the buyer is obliged to inform the seller:

a. the name, surname and address of the Buyer,

b. order number (receipt) and date of purchase,

c. the specification of the claimed defect so that it is not interchangeable with another,

d. the facts decisive for the assessment of the timeliness of the defect claim,

e. the claim asserted by the Buyer in respect of the defect.

4. the Buyer is not entitled to make a claim for a defect for which he has been granted a reasonable discount on the purchase price.

IV. Time limit for making a claim

1. The Buyer is entitled to exercise the rights arising from defective performance within 24 months of receipt of the goods. In the case of second-hand goods, the time limit for exercising the rights of defective performance may be reduced to 12 months, in which case the reduction of the time limit shall be indicated by the seller in the certificate of obligations under defective performance or on the sales receipt. After the expiry of the time limit, the right of defective performance may not be exercised against the seller unless the parties agree otherwise or the seller or the manufacturer provides a special guarantee of quality in excess of the statutory obligations.

2. The buyer shall exercise his rights under defective performance without undue delay after he discovers that the goods are defective. The Seller shall not be liable for any increase in the extent of the damage if the Buyer uses the goods although he is aware of the defect. If the buyer asserts the defect against the seller rightfully, the time limit for asserting rights under the defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.

3. The Buyer acknowledges that in the event of a replacement of the goods in the course of the settlement of a claim, no new period for exercising rights under the defective performance shall run. The time limit will expire 24 months after receipt after purchase of the claimed goods.

4. The time limit for exercising rights under defects cannot be considered as a determination of the lifetime of the goods, which varies with regard to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.

V. Handling of claims

1. The Seller is obliged to issue a written confirmation to the Buyer, stating the date and place of the claim, the characteristics of the defect complained of, the method of handling the claim requested by the Buyer and the manner in which the Buyer will be informed of its handling.

2. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract. The seller is obliged to confirm to the buyer in writing the method of settlement of the complaint and the duration of the complaint.

3. The Buyer is not entitled to change the method of handling the complaint once chosen without the Seller's consent, except in situations where the chosen method of handling cannot be implemented at all or in time.

VI. Costs of the complaint and dispute resolution

1. If the complaint is found to be justified, the buyer is entitled to reimbursement of the costs reasonably incurred in exercising his right.

2. If the Seller rejects the claim as unjustified, the Buyer, or both parties in agreement with the Seller, may turn to a forensic expert in the field and request an independent expert assessment of the defect. If no agreement is reached between the buyer and the seller, the buyer may turn to existing systems of out-of-court resolution of consumer disputes, in particular to the system of the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, website: http://adr.coi.cz, e-mail: adr@coi.cz. Consumers can also use the online consumer dispute resolution platform set up by the European Commission and available at http:// ec.europa.eu/consumers/odr/.

Processing of personal data

1. By accepting these Terms and Conditions, the Buyer acknowledges that the Seller, as a controller within the meaning of Article 4 of the GDPR Regulation, will process his personal data for the purpose of fulfilling the contractual obligations under the contract concluded between the Buyer and the Seller and for the purpose of fulfilling the Seller's legal obligations. The Buyer's personal data will be processed only to the extent that he has provided it to the Seller by filling in the order form. The personal data will be processed for the duration of the warranty period for the delivered goods and/or services, but for a maximum of 30 months from the date of acceptance of these Terms and Conditions, unless a longer period is required by a specific law.

2. The Buyer's personal data is fully secured by the Seller against misuse, both technically and organizationally. The Seller shall not pass on the Buyer's personal data to any third party, with the exception of external carriers, for the purpose of fulfilling contractual obligations or to persons to whom it is obliged to disclose such data in the performance of its legal obligations, without the Buyer's additional unambiguous and clearly expressed free consent.

3. The Seller hereby informs the Buyer that, as a data subject, I have the right to request access to my personal data recorded by the controller, to their correction or deletion, or to their restriction, and that he has the right to object to processing, as well as the right to data portability, all within the limits set by the GDPR. Under the same conditions, the Buyer has the right to lodge a complaint against the processing of their personal data with the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.

4. The Buyer is entitled to contact the Seller in writing at the Seller's registered office or by e-mail via the e-mail address obchod@fajnkos.cz in all matters concerning the processing of his personal data.

Final provisions

These terms and conditions are valid in the version published on the E-shop fajnkos.cz website in the section Terms and Conditions on the date of conclusion of the purchase contract and are an integral part of the purchase contract concluded between the Buyer and the Seller. In the event of a conflict between the actual purchase contract and these GTC, the purchase contract shall prevail. In the event of a conflict between the Purchase Contract, including the PO, and the legal regulations of the Czech Republic caused in particular by a change in the legal regulations of the Czech Republic after the effective date of the Purchase Contract and the PO, the relevant generally binding legal regulations of the Czech Republic shall be directly applied to the legal relations between the Buyer and the Seller.

These terms and conditions shall take effect on 26 January 2022

Appendix: Sample form for withdrawal from the contract

Annex: Model withdrawal form

Stavební práce Pelikán s.r.o.

ID: 07888643 with registered office at Pod Rozhlednou 142/11, Plzeň Újezd, 312 00

Subject: Notice of withdrawal from the contract

I, the undersigned (name and surname), residing at (address of the buyer), hereby give notice that I withdraw from the purchase contract concluded on the basis of order No. (fill in order number) dated (fill in the date of sending the order), the subject of which was the delivery of goods (fill in), which were delivered to me on (fill in the date of delivery).

At (insert place of dispatch) on (insert date of dispatch)