Business terms and conditions

I.
Definition of terms

1. For the purposes of these business terms and conditions, "Store" means the website on the domain www.mishafryc.com in which the Seller, under the sales name "Misha Fryč", offers its Goods for sale to Customers.

2. "Seller" means the operator of the Shop - Michal Fryč - ID 09809007 - an individual with a registered office at Podbrahy 34, 29474 Skorkov.

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 concludes a transaction with the Seller through the Store outside the scope of his business activity or outside the scope of the independent exercise of his profession. Such a Consumer is subject to the provisions for which it is expressly stated.

6. "Order" means a completed order form for specific Goods within the Store's electronic ordering system.

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 specific Goods that they is interested in purchasing through the Store and its electronic ordering system. By completing the Store's registration form, registering in the Store, completing any order form within the Store and sending any Order within the Store, the Customer always expresses their consent to these business and complaint terms and conditions intended for the purchase of Goods in the Store and also to the processing of their personal data specified in the Order (see Article XII – Protection of 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 for the Goods by the Seller, but only an informative publication of the Seller's supply options. Therefore, Section 1732(2) of the Civil Code does not apply to the presentation of the Goods through the Store and also to the presentation of the possibility of ordering and purchasing them, and such presentation of Goods in the Store is not yet a legally effective proposal by the Seller to conclude a contract for such Goods.

3. A proposal to conclude a purchase contract by the Customer through the Store regarding specific Goods is always considered to be only after the Customer's Order for the purchase of the given Goods has been delivered to the Seller.

4. By sending the Order, the Customer always expresses their agreement with these business and complaint terms and conditions and is bindingly ordering the Goods specified in the Order.

5. The Seller shall confirm the delivery of the Order to the Customer without undue delay. Confirmation of delivery of the Order by the Seller shall not be considered as acceptance of the proposal to conclude a purchase contract.

6. Only the moment when the Seller notifies the Customer of the acceptance of their Order is considered to be the acceptance of the proposal to conclude 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 does the purchase contract for the specific ordered Goods take place between the Customer and the Seller.

7. The content of any purchase contract pursuant to paragraph 6 is always determined by the content of the Customer's accepted proposal (order), i.e. both the subject of purchase and its price, method of delivery and other conditions agreed upon within the framework of such accepted proposal, while other contractual requirements of such a purchase contract are defined by these business and complaint terms and conditions.

8. If the Customer has selected delivery of the Goods by sending them to the address specified by the Customer within the Order, the Seller will send the Goods to such address after the Goods are prepared for dispatch by the Seller.

III.
Implementation of the Order

1. To place a proper Order, the Customer is obliged to fill in all mandatory data in the Store's electronic ordering system.

2. A received Customer Order is considered not accepted and rejected by the Seller, in particular if the Seller notifies the Customer that (i) it does not accept or reject the Order, (ii) the ordered Goods cannot be delivered, or if the Seller does not notify the Customer of the acceptance of the Order pursuant to Article II, point 6, no later than 20 business days from its submission by the Customer.

3. If the ordered Goods can be delivered, but in the meantime the conditions of delivery of the Goods have changed (e.g. the Goods can be delivered at a different price, quality, or design), the Seller is entitled to notify the Customer of this fact with a request for a statement as to whether the Customer is interested in the Goods under such changed conditions, and at the same time provide a deadline for such a statement.

4. If the Customer informs the Seller pursuant to paragraph 3 within the period specified by the Seller that they are interested in the Goods even under the changed conditions, such notification shall be considered a new Order and the procedure shall be as for a new Order.

5. If the Customer does not express their interest in the Goods under the changed conditions within the period specified by the Seller in accordance with paragraph 3, the failure to comply within such period will be deemed as 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 under the Commercial Code, the Seller provides the Customer with these business and complaint terms and conditions with information that is necessary to conclude a contract and to keep the Customer properly informed about the implementation of a specific transaction.

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 Store, and by placing an Order for such Goods, the Customer indicates that they have already familiarized themselves with the description of the Goods and its price in advance.

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. Within the Order and before it is sent, the Customer will always be shown and informed of the price after adding the relevant taxes (VAT) and after adding other fees and costs (e.g. the fee for ecological disposal pursuant to Act No. 185/2001 Coll., on waste, as amended, and the costs of delivery and transport).

7. The Seller does not charge Customers any costs arising from the use of distance communication means, and such costs on their part are therefore borne by the Customer himself.

8. By completing and sending the Order within the Shop's electronic ordering system, the Customer agrees for an indefinite period that the Seller may send the Customer advertising communications from the Seller to the address of their stated residence or registered office and that the Seller's commercial communications may be sent to the Customer's filled-in email address. The Customer is entitled to revoke this consent at any time.

9. The Store's offer of Goods is always valid for the period specified for each specific Goods within the Goods specification in the relevant section of the Store, and if the offer validity period is not specified, it is assumed that the offer of goods is valid until further notice or until stocks run out.

10. Each purchase contract concluded within the store is further archived by the Seller as part of its business and accounting records and, at the request of the Customer, may subsequently be made available to the Customer after payment of the handling costs for such access.

11. The steps leading to the conclusion of a purchase contract within the Store are generally described in these business and complaint terms and conditions.

12. The purchase contract may be concluded in Czech or English.

13. When ordering any Goods, the Customer is entitled to change the content of the Order or correct errors made in the Order until the Order is finally sent.

14. At the request of the Consumer, the Seller is obliged to issue a document confirming the purchase of the product or the provision of the service, stating the date of sale of the product or provision of the service, the type of product or service in question and the price at which the product was sold or the service was provided, together with the Seller's identification data containing the name and surname or the name or business name, or the name of the Seller, and their personal identification number, unless a special legal regulation provides otherwise. When selling used or modified products, products with a defect or products whose useful properties are otherwise limited, these facts must be clearly indicated in the aforementioned document.

V.

Delivery of Goods

1. The Seller chooses the method of delivery of the Goods. The price of shipping for the Czech Republic and Slovakia is free, shipping within the EU is handled at a flat rate of 900 CZK and shipping outside the EU is handled at a flat rate of 2200 CZK.

2. If the Customer does not collect the Goods sent by cash on delivery within the storage period at the post office when delivered via Česká pošta, or if the Customer does not take over the delivered Goods from the forwarder in the event of delivery via another carrier, and the Goods are returned to the Seller, the Seller will store the Goods in its warehouse until the Customer collects them or until the Seller exercises its right to withdraw from the contract pursuant to paragraph 4.

3. The Customer is obliged to pay the Seller a storage fee of CZK 100 for each week of such storage, including any week that has already begun, for storage pursuant to paragraph 2.

4. If the Goods are returned to the Seller pursuant to paragraph 2, the Seller is also entitled to withdraw from the purchase contract, in which case such withdrawal shall not affect the Seller's claim for the costs incurred in sending the Goods or the claim for storage fees incurred to date pursuant to point 3.

5. If no time of performance is agreed, the Seller shall deliver the Goods to the Consumer without undue delay after the conclusion of the contract, but no later than within thirty days.

6. If the Seller is to send the Goods to the Consumer, they are delivered to the Consumer at the moment when the carrier hands them over to the Consumer or to a person designated by him. However, if the carrier has been designated by the Consumer without being offered by the Seller, the Goods are delivered to the Consumer at the moment when the Seller hands them over to this carrier; the Consumer's rights against the carrier are not affected by this.

If the Consumer does not take over the Goods within the time specified in paragraph 5, the Seller will store the Goods in the warehouse according to paragraph 3

8. If the Seller is in delay in delivering the Goods, the Consumer may withdraw from the contract if the Seller fails to fulfil its obligation within an additional reasonable period of time granted by the Consumer. The Consumer may withdraw from the contract without an additional period of time only if the Seller has refused to perform or performance within a specified time is necessary in view of the circumstances at the time of conclusion of the contract or the Consumer has informed the Seller before concluding the contract that delivery within a certain time is necessary.

9. After withdrawal from the contract pursuant to paragraph 8, the Seller shall, without undue delay, refund to the Consumer all monetary payments paid by the Consumer under the contract.

VI.
Payment terms

1. Payment terms are always chosen by the customer as part of completing 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 any reason and without any penalty within 14 days from the date on which the Consumer or a third party designated by them (other than the carrier) takes over the Goods.

2. In order to exercise the right of withdrawal, the Consumer must inform the Seller of his withdrawal from the purchase contract at the Seller's address specified in Article I, paragraph 2, by means of a unilateral legal act (for example, by letter sent via a postal service operator or by e-mail). The Consumer may use the model withdrawal form specified in Article XIV below, but is not obliged to do so.

3. In order to comply with the withdrawal period from the purchase contract, it is sufficient to send the withdrawal from the contract before the expiry of the relevant period.

4. The Consumer is obliged to send back the Goods they have received and for which they have withdrawn from the contract pursuant to paragraph 1 without undue delay, and no later than 14 days from the date of withdrawal from the contract, to the Seller's address.

5. If the Consumer withdraws from this contract, the Seller shall reimburse to the Consumer without undue delay, but not later than 14 days from the date of receipt of the returned Goods or after the Consumer has proven that they sent back the Goods, whichever is the earlier, all payments received from the Seller, including delivery costs (except for additional costs incurred as a result of the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller). For the reimbursement of payments, the Seller will use the same means of payment that the Consumer used for the initial transaction, unless the Consumer has expressly stated otherwise. In no case shall this entail any additional costs for the Consumer.

6. The Consumer acknowledges that in the event of withdrawal from the contract pursuant to paragraph 1, he is only liable for the reduction in the value of the Goods as a result of handling the Goods in a manner other than that necessary to become familiar with the nature and properties of the Goods, including its functionality.

7. The consumer acknowledges that in the event of withdrawal from the contract pursuant to paragraph 1, they will bear the costs associated with returning the Goods, and if it is a contract concluded via a means of distance communication, the costs associated with returning the Goods if, due to their nature, they cannot be returned by regular mail.

8. The Consumer does not have the right, inter alia, to withdraw from the contract under this Article for the supply of Goods manufactured according to the Consumer's requirements or adapted to his personal needs, or for the supply of Goods in sealed packaging which, for health protection or hygiene reasons, is not suitable for return after the Consumer has broken it.

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 complain about a defect that has become apparent in the Goods within two years of receipt of Goods. The provisions of the previous sentence do not apply to a Customer who is not a Consumer, and such a Customer is entitled to complain about the Goods in accordance with the relevant legal regulations.

2. The Customer does not have the right to claim defective performance if the defect was caused by the Customer himself. A defect in an item does not include wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous 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 return 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 the case of delivery of Goods by cash on delivery, the Customer is obliged to always inspect the shipment upon receipt and, in the event of obvious damage noticeable on the surface of the package, or obvious and noticeable partial loss of the shipment, to complain about such damage and loss to 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 damage or partial loss of the contents of the shipment is not apparent upon its handover and acceptance by the recipient, the Customer is obliged to notify the Seller of the occurrence of the damage without undue delay after discovering it, but no later than 2 working days from the date of delivery of the shipment.

9. The Seller is obliged to issue the Consumer with a written confirmation when making a complaint, stating the date on which the Consumer made the complaint, its content, the method of handling the complaint requested by the Consumer and the Consumer's contact details for the purpose of providing information on the handling of the complaint. This obligation also applies to other persons designated to carry out the repair.

10. A consumer complaint, including the removal of a defect, must be resolved and the consumer must be informed thereof no later than 30 days from the date 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 tangible medium, or a digital content service, the consumer complaint must be resolved within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the Consumer requested it.

11. After the period specified in paragraph 11 has expired in vain, the Consumer may withdraw from the contract or request a reasonable discount.

12. The Seller is obliged to issue the Consumer with a confirmation of the date and method of handling the complaint, including confirmation of the repair, and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out the repair.

IX
Defect claims

1. The Consumer has rights from defective performance pursuant to Section 2165 and following of the Civil Code, while the Seller is also responsible for the quality of the Goods upon acceptance pursuant to Section 2161 of the Civil Code. However, the previous sentence does not apply to a Customer who is not a Consumer, and such a Customer is entitled to claim the Goods pursuant to the relevant legal regulations.

2. The Customer shall exercise rights arising from defective performance primarily pursuant to Section 2169 of the Civil Code. However, the preceding sentence does not apply to a Customer who is not a Consumer, and such a Customer is entitled to claim the Goods in accordance with the relevant 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 Article 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 is terminated, in particular in the event of effective withdrawal of one of the parties from the purchase contract.

2. If, for any reason other than pursuant to Article 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 from the date of such obligation.

3. If the Customer has received the Goods from the Seller in person, the Customer is obliged to return the Goods and hand them over to the Seller within the period specified in paragraph 2 at the Seller's point of sale where he previously received the Goods.

4. If the customer has received the Goods from the Seller on cash on delivery, the Customer is obliged to return the Goods to the Seller by sending the Goods within the period specified in paragraph 2 to the Seller's address from which the Goods were sent, or by handing them over to the Seller at the specified address within the given period.

5. The Customer is obliged to hand over the Goods to the Seller undamaged, clean and with all parts and accessories that were part of 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 paragraph 6 within 5 days from the notification of such billing to the Customer

8. If the Customer is in default with the return of the Goods, the Seller is entitled to charge the Customer a contractual penalty of 0.1% from the purchase price of the Goods (including VAT) whose return is in question, which was invoiced to the Customer upon purchase. goods, for each day of such delay, even if it has already begun. The Seller's claim to full compensation for damages is not affected by the payment of the contractual penalty. The Customer is obliged to pay the invoiced contractual penalty within 5 days of the notification of its invoice.

9. The Seller will refund to the Customer the purchase price of the Goods previously paid by the Customer (after any deduction of compensation amounts and amounts pursuant to paragraph 6) only after the Customer has returned to the Seller the Goods in respect of which the Customer has thus withdrawn 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 is asked to provide personal data specified in a particular form or Order within the Store, especially when filling out and sending an Order via the Store's electronic ordering system, the Customer acknowledges that they are not obliged to provide such data and that providing it is therefore completely voluntary.

2. However, if the Customer fails to provide the requested personal data, the Seller is not obliged to accept the Order, and with regard to the Store's electronic ordering system, the continuation of an incomplete Order may be automatically stopped or terminated.

3. In the event that the Customer voluntarily decides to provide their personal data to the Seller, the Customer acknowledges that they voluntarily provide their personal data to the extent specified in the specific form or Order to the Seller.

XIII.
Final provisions

1. Completing the Store registration form, registering in the Store, completing any order form within the Store and sending any Order within the Store or establishing other similar electronic remote communication with the Seller through the Store is always considered to be confirmation of agreement with these business and complaint terms and conditions.

2. The concluded purchase contract, as well as all relationships arising between the Customer and the Seller when ordering or selling Goods through the Store, are governed by Czech law, excluding the conflict of laws provisions of Czech law.

3. If the term Customer is used in these business and complaint terms and conditions and it is not explicitly stated that a specific provision applies only to the Consumer, such provision always applies in full to the Customer who is not a Consumer.

4. If a dispute arises between the Seller and the Consumer in connection with the purchase of Goods through the Store, the Consumer has the right to an out-of-court settlement pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, if the performance takes place in the territory of the Czech Republic; in other cases only if the performance is related to a business activity carried out in 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 professionals for the purpose of providing health care, including the prescription, dispensing and provision of medicinal products and medical devices,
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 inspekce in accordance with the aforementioned law
inspection (website: www.coi.cz).

5. The customer confirms and declares that the consent to these business and complaint terms and conditions, made in particular in the manner according to paragraph 1, is considered between the participants as written consent (or equivalent to written consent) and all arrangements of the business and complaint terms as agreed in writing (or equivalent to written agreement). Where the law expressly requires such arrangements to be in written form, it is considered between the participants that this has been duly observed and implemented by agreeing to the business and complaint terms and conditions in this electronic form.

6. The Customer further expressly declares and confirms that, well in advance of placing the Order for Goods and before concluding the contract for Goods, the Seller provided the Customer with all information contained in these business and complaint terms and conditions. The Customer has fully familiarized themselves with this information in advance and considers the arrangements, information, statements, and warnings set out in these terms and conditions to be clear and understandable.

7. The customer declares that they are fully familiar with the terms and conditions of these business and complaint terms and have no reservations about their wording and content.

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