Business and complaint conditions
seller "Misha Fryč"
identification by Company Name and Registered Office - data listed in the "Basket" section
AND.
Definition of terms
1. For the purposes of these terms and conditions of business and complaints, "shop" means an internet space on the internet
domain www.mishafryc.com in which the Seller offers its Goods for sale to Customers under the sales name "Misha Fryč".
2. "Seller" means the operator of the Shop - identified by the company name and registered office - the data indicated
in the "Basket" section
3. "Goods" means things and products offered by the Seller for sale in the Store.
4. "Customer" means a user of the Shop who is interested in purchasing specific Goods.
5. "Consumer" means any person who enters into a transaction with the Seller through the Store outside
within the framework of his business activity or outside the framework of the independent exercise of his profession. For such
The consumer is covered by the arrangements for which it is expressly stated.
6. "Order" means a completed order form intended for specific Goods within the order
electronic system of the Shop.
7. The abbreviation "OZ" means Act. C. 89/2012 Coll., Civil Code, as amended.
II.
Purchase of Goods
1. The customer is entitled to order through the Store and its electronic ordering system
specific Goods that he is interested in purchasing. By filling out the Shop registration form, registering in the Shop,
by completing any order form within the Store and submitting any Order within
At the same time, the Customer always expresses his consent to these business and complaint conditions intended for the store
the purchase of Goods in the Shop and also with the processing of his personal data specified in the Order (see Article XII – Protection
personal data).
2. The mere publication and offering of the Goods by the Seller in the Store is not yet a proposal to conclude a purchase contract
regarding the given Goods by the Seller, but only by information disclosure of the Seller's supply options.
For the presentation of the Goods through the Store and also for the presentation of the possibility of ordering and purchasing them
does not apply §1732 par. 2 OZ, while such a presentation of the Goods in the Store is not yet a legally effective proposal
Seller to conclude a contract for such Goods.
3. For a proposal to conclude a purchase contract by the Customer through the Store regarding specific Goods is
only the delivery of the Customer's Order for the purchase of the given Goods to the Seller is always considered.
4. By sending the Order, the Customer always shows his consent to these terms and conditions
and bindingly orders the Goods listed in the Order.
5. The Seller will confirm delivery of the Order to the Customer without undue delay. Order delivery confirmation
The seller is not yet considered to have accepted the proposal for concluding a purchase contract.
6. Only the moment when the Seller notifies the Customer of the acceptance of his Order is considered acceptance of the proposal for
conclusion of a purchase contract by the Seller with the Customer regarding the specific Goods specified in the Order and only
at the moment of such notification, a purchase contract is concluded between the Customer and the Seller
specific ordered Goods.
7. Content of any purchase contract according to par. 6 is always given by the content of the accepted proposal (order) of the Customer, i.e
both the subject of purchase and its price, method of delivery and other conditions agreed as part of the proposal thus accepted,
while the other contractual details of such a purchase contract are defined by these commercial and claims
conditions.
8. If, as part of the Order, the Customer chose to deliver the Goods by sending them to the address specified by the Customer, they will send
the Seller this Goods to such address after the said Goods are ready for shipment at the Seller.
III.
Implementation of the Order
1. To execute a proper Order, the Customer is obliged to fill in all mandatory data in the electronic order form
of the Trade system.
2. The delivered Customer Order is considered not accepted and rejected by the Seller especially when
if the Seller informs the Customer that (i) the Order is not accepted or rejected, (ii) the ordered Goods cannot be delivered,
or in the event that the Seller does not notify the Customer of the acceptance of the Order according to Art. II point 6 by the 20th at the latest
working days after it is sent by the Customer.
3. If the ordered Goods can be delivered, but in the meantime the terms of delivery of the Goods have changed (e.g.
The goods can be delivered in a different price, quality or design), the Seller is entitled to inform about this fact
The Customer with a request to express whether the Customer is interested in the Goods under such changed conditions, and at the same time
with the provision of a period for such statement.
4. If the Customer makes a statement to the Seller according to par. 3 within the period specified by the Seller, that he is interested in the Goods even as they have been changed
terms and conditions, such notification is considered a new Order and is further processed as for a new Order.
5. If the Customer does not express himself according to par. 3 within the period specified by the Seller, that he is interested in the Goods even as they have been changed
terms and conditions, the expiration of such a period is considered to be the cancellation of the Order by the Customer.
6. The order placed by the Customer is binding for the Customer.
IV.
Customer Information
1. With regard to the Seller's obligation according to the General Terms and Conditions, the Seller provides these terms and conditions of business and complaints
Information to the Customer that is necessary to conclude the contract and inform the Customer properly about the implementation
specific store.
2. Identification data of the Seller are listed in Art. I paragraph 2 of these commercial and complaint terms and conditions.
3. The name, main characteristics of the Goods and their price are always stated in the specification of the Goods in the relevant section of the Shop,
whereas, by placing an Order regarding such Goods, the Customer indicates that he already in advance with the description
introduced the given Goods and its price.
4. The price of the Goods in the Store is always stated without taxes and without other fees, unless otherwise stated.
5. The customer is obliged to pay the purchase price with tax applicable to the given Goods or contract.
6. As part of the Order and before it is sent, the price will always be displayed and indicated to the Customer at the same time
addition of relevant taxes (VAT) and after addition of other fees and costs (e.g. fee for ecological
liquidation according to Act. C. 185/2001 Coll., on waste, as amended, and delivery and transport costs).
7. The Seller does not charge the Customers any costs arising from the use of means of communication at a distance, and such
the costs on his side are thus borne by the Customer himself.
8. By filling out and sending the Order within the online order system of the Customer Shop for a period of time
expressly agrees that they can be sent by the Seller to the Customer at the address of his stated residence or registered office
the Seller's advertising message and further that commercial messages can be sent to his filled-in email address
Seller. The Customer is entitled to revoke this consent at any time.
9. The offer of the Shop's Goods is always valid for the period specified for each specific Goods within the specification of the Goods in
the relevant section of the Store, and if the validity period of the offer is not indicated, it is considered that the offer of the goods is valid
until further notice or while stocks last.
10. Each purchase contract concluded within the store is further archived by the Seller within its business and accounting records
records and, at the request of the Customer, can subsequently be made available to him after payment of the handling costs of
such disclosure.
11. The steps leading to the conclusion of a purchase contract within the Store are generally described by these commercial and claims
conditions.
12. The purchase contract can be concluded in the Czech or Slovak language.
13. As part of ordering any Goods, the Customer is entitled to change the content until the final dispatch of the Order
Orders or to correct errors made in the Order.
14. At the Consumer's request, the Seller is obliged to issue proof of product purchase or service provision with
by indicating the date of sale of the product or provision of the service, which product or service it is and for what price
the price at which the product was sold or the service was provided, together with the identification data of the Seller including the name and
surname or first name or business name, or the name of the Seller, his personal identification number, if special
the legal regulation does not provide otherwise. When selling used or modified products, defective products or products,
whose utility properties are otherwise limited, these facts must be clearly marked in the said document.
IN.
Delivery of Goods
1. The method of delivery of the Goods is always chosen by the customer as part of filling out the Order, where the price and form of delivery are also specified.
2. If the Customer does not pick up the Goods sent by cash on delivery within the period of their deposit at the post office when delivered via the Czech
pošte, a.s. or if the Customer does not accept the delivered Goods from the sender in the case of delivery of the Goods via
another carrier, and the Goods will be returned to the Seller, the Seller will store the Goods in its warehouse until they receive them
The customer picks up or the Seller according to par. 4 will use his right to withdraw from the contract.
3. The customer is responsible for storage according to par. 2 to pay the Seller a storage fee of CZK 100 for each and every week that has begun
such storage.
4. If the Goods are returned to the Seller according to par. 2, the Seller is also entitled to withdraw from the purchase contract when
such withdrawal does not affect the Seller's entitlement to the costs incurred with sending the Goods or the entitlement to date
incurred storage fees according to point 3.
5. If no performance time has been agreed upon, the Seller will hand over the Goods to the Consumer without undue delay after the conclusion of the contract,
however, within thirty days at the latest.
6. If the Seller is to send the Goods to the Consumer, they are handed over to the Consumer at the moment when the Consumer or his designated
handed over to the person by the carrier. However, if the carrier has been designated by the Consumer without being offered to him by the Seller, the Goods are for the Consumer
delivered at the time the Seller hands it over to that carrier; the rights of the Consumer vis-à-vis the carrier are not
affected.
7. If the Consumer does not take over the Goods within the time specified in par. 5, the Seller belongs to the warehouse according to par. 3
8. If the Seller is late in delivering the Goods, the Consumer may withdraw from the contract if the Seller does not fulfill his
obligation even in the additional reasonable period provided by the Consumer. The consumer can withdraw from the contract
without an additional period only if the Seller has refused to perform or performance within the specified time is necessary with regard to
circumstances during the conclusion of the contract or the Consumer informed the Seller before the conclusion of the contract that the delivery is at a certain time
necessarily.
9. The seller after withdrawing from the contract implemented according to par. 8 shall return all to the Consumer without undue delay
monetary benefits paid by the Consumer under the contract.
VI.
Payment terms
1. Payment terms are always chosen by the customer as part of filling out the Order, where the price and form of payment are also specified.
VII.
Withdrawal from the contract and return of goods
(the provisions of this article apply only to the Consumer)
1. The consumer has the right to withdraw from the contract concluded through the Store without giving a reason and without
any sanctions within 14 days from the day the Consumer or a third party designated by him (other than the carrier) takes over
Goods.
2. For the purposes of exercising the right to withdraw from the contract, the Consumer must notify of his withdrawal from the purchase contract
inform the Seller at his address stated in Art. I paragraph 2 in the form of unilateral legal action (for example
by letter sent via postal service provider, fax or e-mail). The consumer can
use the sample form for withdrawal from the contract listed below in Article XIV, but it is not his obligation.
3. In order to comply with the deadline for withdrawing from the purchase contract, it is sufficient to send the withdrawal from the contract before
upon expiry of the relevant period.
4. Goods that the Consumer received and in respect of which he withdrew from the contract according to par. 1 without undue delay,
no later than 14 days from the date on which this contract was withdrawn, the Consumer is obliged to send back to
seller's address before 14 days have passed.
5. If the Consumer withdraws from this contract, the Seller will return to the Consumer without undue delay, but no later than
within 14 days from the date of receipt of the returned Goods or after the Consumer proves that he sent the Goods back, whichever
whichever occurs first, all payments received by the Seller from the Consumer, including delivery costs (excl
additional costs incurred as a result of the Consumer's chosen delivery method, which is other than the cheapest
standard delivery method offered by the Seller). To return payments, the Seller will use the same means of payment,
which the Consumer used to make the initial transaction, unless the Consumer has expressly specified otherwise. In none
in this case, the Consumer will not incur additional costs.
6. The consumer acknowledges that in the event of withdrawal from the contract pursuant to par. 1 is only responsible for the reduction in value
Goods as a result of handling these Goods in a way other than that which is necessary to become familiar with the nature and
properties of the Goods, including their functionality.
7. The consumer acknowledges that in the event of withdrawal from the contract pursuant to par. 1 will, however, bear the costs associated with
by returning the Goods, and if it is a contract concluded via a means of distance communication, the amount of the costs
associated with the return of the Goods, if due to their nature they cannot be returned by the usual postal route
8. The consumer does not, among other things, have the right to withdraw according to this article from the contract for the supply of goods manufactured according to
requirements of the Consumer or adapted to his personal needs, or about the delivery of Goods in a sealed package
packaging which, for reasons of health protection or hygiene reasons, is not suitable to return after the Consumer has used it
violated.
9. Provisions of Art. VII do not apply to a Customer who is not a Consumer.
VIII.
Complaints about goods
1. The consumer is entitled to point out a defect that appeared on the Goods within two years of receiving the Goods. Provision
the preceding sentences do not apply and do not apply to a Customer who is not a Consumer, while such a Customer is
entitled to claim the Goods in accordance with the relevant legal regulations.
2. The Customer does not have a right from defective performance if he himself caused the defect. The defect of the thing is not the wear of the thing
caused by its usual use or, in the case of a used item, wear corresponding to the level of its predecessor
use.
3. Rights from defects also do not apply primarily to defects that:
a) were claimed after the expiry of the period according to par. 1,
b) are caused by unauthorized or unprofessional interventions in the Goods,
c) were caused by force majeure or other external circumstances not originating in the nature of the Goods.
4. When exercising rights due to defects, the Customer is obliged to translate the claimed Goods and a copy of the purchase document (invoice).
5. In the case of the purchase of Goods by personal collection from the Seller, the Customer will receive an invoice at the same time as the purchased Goods.
6. The deadlines for exercising the right from defects start to run from the acceptance of the Goods by the Customer.
7. In case of delivery of the Goods by cash on delivery, the Customer is obliged to always inspect the shipment upon receipt and in the case of obvious and
noticeable damage to the surface of the package of the shipment, or obvious and internally recognizable partial loss of the shipment, this damage
and claim losses with the delivery service and the Seller. Further handling of the damaged shipment must be carried out
only in accordance with the Seller's instructions.
8. If the damage or partial loss of the contents of the shipment is not obvious when it is handed over and taken over by the recipient, the Customer is
obliged to notify the Seller of the occurrence of damage without undue delay after discovering it, but within 2 working days at the latest
day from the day of delivery of the shipment.
9. The Seller is obliged to issue a written confirmation to the Consumer when making a complaint, in which he indicates the date when
The consumer has filed a complaint, what is its content, what method of handling the complaint does the consumer require and
the Consumer's contact details for the purpose of providing information on handling the complaint. This obligation also applies to
other persons designated to carry out the repair
10. The consumer complaint, including the removal of the defect, must be handled and the consumer must be informed about it
at the latest within 30 days from the date of application of the complaint, unless the Seller and the Consumer agree on a longer period.
If the subject of the obligation is the provision of digital content, including digital content delivered on a physical medium,
or digital content services, the consumer complaint must be dealt with within a reasonable time taking into account the
the nature of the digital content or digital content service and the purpose for which the Consumer requested it.
11. After the time limit pursuant to para. 11, the Consumer may withdraw from the contract or demand a reasonable one
discount.
12. The Seller is obliged to issue to the Consumer a confirmation of the date and method of settlement of the complaint, including a confirmation of execution
repair, and its duration, or written justification for rejecting the claim. This obligation also applies to
other persons designated to carry out the repair.
IX
Defect claims
1. The consumer has rights from defective performance according to §2165 et seq. OZ, while the Seller is also responsible for the quality of the Goods
takeover according to §2161 of the Civil Code. However, the previous sentence does not apply to a Customer who is not a Consumer, whereby such
The customer is entitled to complain about the Goods in accordance with the relevant legal regulations.
2. Rights from defective performance are primarily to be exercised by the Customer according to §2169 of the Civil Code. However, the previous sentence does not apply to
A Customer who is not a Consumer, while such a Customer is entitled to complain about the Goods according to the relevant provisions
legal regulations.
X.
Complaint assessment
1. In the complaint, the Customer is obliged to provide a detailed description of the claimed defect in the Goods.
2. The Customer pays for the transportation of the claimed Goods.
3. Claimed Goods cannot be sent to the Seller on cash on delivery, such a claim will not be considered by the Seller.
4. After receiving the claimed Goods together with a copy of the invoice, the Seller will assess the claimed Goods with regard to defects
objected to by the Customer.
XI.
Returning Goods
(Article XI does not apply to the return of Goods according to Article VII)
1. In cases not covered by the provisions of Art. VII, the Customer is obliged to return the Goods to the Seller if
the purchase contract between the Seller and the Customer for specific Goods will be terminated, especially in the event
effective withdrawal of any participant from the purchase contract.
2. If for any reason other than according to Art. VII, the Customer is obliged to return the Goods to the Seller
The Customer is obliged to return the Goods to the Seller no later than 20 days after the occurrence of such obligation.
3. In the event that the Customer has taken over the Goods from the Seller by personal collection, the Customer is obliged to return and hand over the Goods
Sellers within the period according to par. 2 at the Seller's point of sale, where he previously took delivery of the Goods.
4. In the event that the customer received the Goods from the Seller by cash on delivery, the Customer is obliged to return the Goods to the Seller in such a way that the Goods
will send within the deadline according to par. 2 to the Seller's address from which the Goods were sent to him, or within the given period to the above
address to the Seller.
5. The Customer is obliged to hand over the Goods to the Seller undamaged, clean and with all the parts and accessories that were
included in the purchase.
6. In case of violation of the obligation according to par. 5, the Seller is entitled to invoice the Customer:
a) the amount corresponding to the decrease in the value of the Goods, which arose as a result of the Customer's handling of the Goods,
b) direct costs of repairing the Goods in the actual amount of such costs,
c) direct costs of cleaning the Goods,
d) the price of missing components or accessories.
7. The customer is obliged to pay the invoiced amounts according to par. 6 to 5 days from notification of such billing to the Customer.
8. If the Customer is late in returning the Goods, the Seller is entitled to charge the Customer a contractual penalty in
amount of 0.1% from the purchase price of the Goods (including VAT), the return of which is in question, which was invoiced to the Customer at the time of purchase
goods, for each and every day of such delay. The Seller is not entitled to compensation in full
is in no way affected by the payment of the contractual penalty. The customer is obliged to pay the invoiced contractual penalty within 5 days from
notification of its billing.
9. The Seller will return to the Customer the purchase price of the Goods previously paid by the Customer (after any reimbursement amounts
damages and amounts according to par. 6) only after the Customer has returned the Goods to the Seller, regarding which
The customer thus withdrew from the contract.
10. Provisions of this Article XI. does not apply to cases where the contract is terminated by withdrawal of the Consumer according to
Art. VII.
XII.
Personal data protection
1. In the event that the Customer within the Shop, especially when filling out and sending the Order through
order electronic system of the Shop, will be asked to provide the personal data specified therein
which form or Order, the Customer acknowledges that he is not obliged to provide such data and their
the provision is therefore completely voluntary.
2. However, if the Customer does not provide the requested personal data, the Seller is not obliged to accept the Order,
whereas, with regard to the electronic order system of the Shop, the next continuation may be incompletely filled out
Orders automatically stopped or terminated.
3. In the event that the Customer voluntarily decides to provide his personal data to the Seller, the Customer acknowledges that
voluntarily provides his personal data to the extent specified in a specific form or Order to the Seller.
XIII.
Final provisions
1. Completing the registration form of the Store, registering in the Store, filling out any order form
forms within the Store and by sending any Order within the Store or when establishing another similar
remote electronic communication with the Seller through the Store is always considered as confirmation
of agreement with these terms and conditions of business and complaints.
2. The concluded purchase contract as well as all relationships established between the Customer and the Seller when ordering or
the sale of Goods through the Store is governed by Czech law, with the exclusion of conflict of laws provisions of Czech law.
3. If the term Customer is used in these terms and conditions and it is not expressly stated that
a specific provision applies only to the Consumer, such a provision always applies in full to the Customer,
who is not a Consumer.
4. If there is a dispute between the Seller and the Consumer in connection with the purchase of Goods through the Store, the
The consumer has the right to an out-of-court solution according to Act. C. 634/1992 Coll., on consumer protection, as amended,
if performance takes place on the territory of the Czech Republic; in other cases, only if the fulfillment is related to business
activities carried out on the territory of the Czech Republic. The Consumer's right to an out-of-court settlement of a consumer dispute
does not apply to contracts concluded:
a) in the field of health services provided to patients by health workers for the purpose of providing
health care, including prescribing, issuing and providing medicinal and medical products
funds,
b) in the area of services of general interest of a non-economic nature,
c) with public providers of further or higher education.
The Consumer is entitled to submit a proposal for an out-of-court settlement of the dispute to Česká obchodní in accordance with the aforementioned law
inspection (website: www.coi.cz).
5. The customer confirms and declares that the agreement with these business and complaint conditions made in particular
in the manner according to par. 1, is considered written consent between the participants (or equivalent to consent
in writing) and all business and complaint terms agreed upon in writing (or constructed
equal to a written agreement). Therefore, where the law expressly requires such agreements to be in written form, they are
between the participants for the fact that this was properly observed and already carried out by agreeing the business and claims
conditions in this electronic form.
6. The customer further expressly declares and confirms that well in advance of placing the Order for the Goods and also
before concluding the contract for the Goods, the Customer was provided by the Seller with all the information that is
the content of these commercial and complaint conditions, he has fully familiarized himself with them in advance, and that the contract for the Goods
will be concluded on his part after he has been familiarized with all the
arrangements, information, statements and notices mentioned in these commercial and claims
conditions, and considers these to be clear and understandable.
7. The customer declares that he is fully familiar with the conditions of these commercial and complaint conditions and against them
wording and content does not have any reservations.
XIV.
Sample withdrawal form
(only for the purpose of withdrawal by the Consumer according to Article VII)
Notice of withdrawal from the contract
– Addressee: ………………………………………
– I hereby announce that I withdraw from the contract for the purchase of goods ………………………………..
– Date of receipt ……………………………….
– Name and surname of the Consumer ……………………..
– Address of the Consumer …………………..
– Signature of the Consumer …………………………………
– Date …………………………….
These terms and conditions were last updated on February 7, 2023 12:02 p.m
Date and time of creation of this document: 20.3.2023 09:20