Terms and conditions and complaints procedure

online store

www.heater-kamna.cz

1. General provisions

1.1 These terms and conditions and the complaint procedure of the online store www.heater-kamna.cz (hereinafter referred to as "terms and conditions") apply to purchases in the online store www.heater-kamna.cz.

1.2 These terms and conditions define and specify the rights and obligations of the seller and the buyer (hereinafter referred to as "buyer" or "customer").

The details of the seller are as follows:

Company: Lukáš Hájek

Registered office: Krčínova 884, 288 02 Kolín,

ID: 71607447, VAT payer,

e-mail address: lukaskamna@seznam.cz,

tel.: 723 470 887 (hereinafter referred to as "the seller").

1.3 If the buyer is a consumer, as defined in point 2.2 below, relationships not regulated by these terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code as amended (hereinafter referred to as the "Civil Code") and Act No. 634/ 1992Coll. on consumer protection as amended (hereinafter referred to as the "Consumer Protection Act").

1.4 If the buyer is an entity other than a consumer, as defined in point 2.3 below, relations not regulated by these terms and conditions of the Civil Code are governed (whereas according to §2158, paragraph 1 of the Civil Code, the provisions of §2158 to §2174 of the Civil Code do not apply).

1.5 By concluding the purchase contract, the buyer confirms that he has familiarized himself with these terms and conditions, that he is familiar with their content and that he agrees with them. These terms and conditions are an integral part of the concluded purchase contract.

1.6 The seller expressly warns the buyer that the goods sold are wood stoves or their accessories, intended for space heating, unless otherwise stated in the purchase contract.

2. Definition of terms and procedure for concluding a purchase contract

2.1 The seller is a natural person, an entrepreneur, who, when concluding and fulfilling the contract, acts as part of his business activity. The seller supplies goods or provides services to the buyer directly or through other entrepreneurs.

2.2 Buyer - consumer is any buyer, unless it is a buyer-other entity, as defined in paragraph 2.3 of these terms and conditions.

2.3 Buyer - another entity is a buyer who is an entrepreneur and when concluding the contract it is clear from the circumstances that the purchase relates to his business activity. An entrepreneur is a person who independently carries out, on his own account and responsibility, a gainful activity in a trade or similar way with the intention of doing so consistently in order to make a profit. Any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts on behalf of or on behalf of an entrepreneur is also considered an entrepreneur.

2.4 Subject of purchase – the subject of purchase based on the purchase contract is the goods specified in the binding confirmation of the order by the seller, which concludes the purchase contract (hereinafter also referred to as "goods"). Information about the goods available at www.heater-kamna.cz is given according to the currently available data and information. Data about the goods, including the purchase price, are decisive at the moment when the buyer delivers the order to the seller.

2.5 The prices have the character of contractual prices and are stated including VAT (the seller is the VAT payer). Shipping charges are added to the price according to the rules set out below in Article 5 of these terms and conditions.

2.6 The procedure for concluding a purchase contract is as follows. The buyer's order is a draft purchase contract. The purchase contract is concluded by the acceptance of this proposal, namely by the seller's binding confirmation of the order delivered to the buyer via e-mail. The buyer's order and the seller's binding confirmation of the order are considered delivered if the parties to whom they were addressed can familiarize themselves with them. From this moment, mutual rights and obligations arising from the concluded purchase contract arise between the buyer and the seller. In the event that the buyer discovers errors or other irregularities in the binding acceptance of the order, he informs the seller of this fact by e-mail at the latest before the seller's notification of the shipment of the purchased goods. Changes and additions to an already made order, whether they are to be made before acceptance of the order by the seller or after this acceptance, must be made via e-mail lukaskamna@seznam.cz, or via the seller's customer service at phone no. 723,470,887; however, such changes and additions are effective against the Seller only after approval by the Seller. The seller is entitled to reject the order if it is not possible to deliver the ordered goods to the buyer due to stock out or unavailability of the goods (actual impossibility of fulfillment). The customer will be informed about the cancellation of the order by phone or by e-mail.

2.7. When the customer requests an exact date of delivery of the goods, no fee will be added to the purchase price, unless another method of transport is agreed upon (non-standard delivery, e.g. by another courier service).

3. Rights and obligations of the contracting parties, reservation of ownership

3.1 By concluding the purchase contract, the seller is obliged to hand over the object of purchase to the buyer and the buyer is obliged to take over the object of purchase and pay the agreed price to the seller for it, i.e. the purchase price of the goods and transport costs, or also a fee (non-standard delivery) according to Article 2.7 of these terms and conditions.

3.2 The seller will deliver the goods specified in the buyer's electronic order (an order delivered via e-mail) on the order form that the buyer fills in when ordering the goods, which is confirmed by a binding confirmation of the order from the seller.

3.3 The seller undertakes to deliver faultless goods to the buyer in accordance with the applicable legal order of the Czech Republic according to the selected category or performance/type, to the address given by the buyer, if such address is in the territory of the Czech Republic.

3.4 Images and photographs of the offered goods are only illustrative and informative.

3.5 The buyer is obliged to take over the goods ordered and delivered in accordance with the purchase contract and terms and conditions. The buyer is obliged to pay the seller the purchase price and transport costs or also a fee (only in case of non-standard delivery by courier service) according to Article 2.7 of these terms and conditions properly and on time in accordance with the conditions agreed in the purchase contract and the terms and conditions.

3.6 Ownership of the goods is transferred to the buyer only after full payment of the purchase price. The risk of accidental destruction and accidental deterioration of the goods passes to the buyer when the goods are handed over to the buyer.

3.7 In accordance with § 1829 paragraph 1 of the Civil Code. the buyer - consumer has the right to withdraw from the purchase contract within fourteen days without giving a reason. The period according to the previous sentence runs, in the case of a purchase contract, from the date of acceptance of the goods, a contract the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods, or a contract the subject of which is regular repeated delivery of goods, from on the day of acceptance of the first delivery of goods. The above-mentioned period for withdrawing from the purchase contract is considered to have been observed if the buyer - consumer sends a notice to the seller that he is withdrawing from the contract during it. In such a case, the consumer will bear the direct costs associated with the return of the goods and the direct costs for the returned goods. The costs associated with the return of the goods also include the costs of returning the goods to their original condition in the event that the goods have been damaged or show signs of wear and tear, and if the reduction in the value of the goods has occurred as a result of handling the goods in a way other than what is necessary for familiarization with the nature and characteristics of the goods, including their functionality. In the event that the returned goods are damaged, non-functional, incomplete or have signs of wear and/or use according to the previous sentence, all monies received by the seller from the buyer-consumer will be returned to the buyer-consumer, less the costs incurred by the seller to restore the goods to their original condition . This does not affect the right to compensation for damages incurred by the seller.

3.8 In the event that the buyer - consumer decides to withdraw from the purchase contract, the seller recommends the following procedure: the buyer - consumer can contact the seller via the contact form provided by the seller in the "contact" section, or any other form of unilateral legal action, e.g. by letter sent through the operator postal services to the address of the seller's registered office, or by e-mail to the e-mail address lukaskamna@seznam.cz, stating in writing that he withdraws from the contract, indicating the order number, date of purchase and account number for refund (i.e. purchase price and costs for delivery of the goods to the place specified by the buyer). The seller will confirm to the buyer-consumer in text form the acceptance of the legal action representing the withdrawal, without undue delay. In the event that the buyer-consumer withdraws from the contract, the buyer-consumer will send or hand over to the seller without undue delay, no later than fourteen days from the withdrawal from the contract, the goods he received from him; this period is considered to be observed if the buyer-consumer sends the goods to the seller within it. All monies received by the Seller from the Buyer-Consumer, including delivery costs (except for additional costs incurred as a result of the delivery method chosen by the Buyer-Consumer other than the cheapest standard delivery method offered by the Seller) will be refunded through the same means of payment that used by the buyer-consumer to carry out the initial transaction (unless the buyer-consumer explicitly specified otherwise), within fourteen days of withdrawal from the contract, but not before the buyer-consumer hands over the goods to the seller or proves that he has sent the goods to the seller.

4. Payment terms

4.1 The goods will be handed over to the buyer only after full payment of the purchase price and transport charges and possibly also the fee according to Article 2.7 of these terms and conditions.

4.2 The buyer can pay the purchase price and transport costs or also a fee according to Article 2.7 of these terms and conditions (i) in person when taking delivery of the goods on cash on delivery when delivered by a courier to the forwarding company TOPTRANS, or (ii) in case of personal collection at the address of the manufacturer of the online store www.heater-kamna.cz.

4.3 The buyer can pay the purchase price and transport costs or also the fee according to Article 2.7 of these terms and conditions by bank transfer.

5. Delivery date and transport

5.1 The goods will be delivered to the customer on working days within the CR, SK, and/or DE between 8:00 a.m. and 5:00 p.m., usually within three to five working days, but at the latest within ten working days after the conclusion of the purchase contract and any payment purchase price and shipping (in case of payment by bank transfer) or also the fee according to Article 2.7 of these terms and conditions, or within ten working days after the conclusion of the purchase contract in the case of sending the goods on cash on delivery (hereinafter referred to as the "delivery date of the goods"). The goods are delivered to the delivery address specified in the order.

5.2 Shipments are sent by the forwarding company TOPTRANS, unless the seller and buyer agree otherwise.

5.3 When receiving the shipment, the customer is obliged to check the shipment in order to determine whether the packaging is intact and whether the shipment shows no obvious signs of damage. This check does not apply to the contents of the shipment. If obvious signs of damage are detected when the buyer accepts the shipment, the customer is not obliged to accept the shipment and will write a damage report with the carrier. Damage to the shipment during transport shall be reported by the buyer to the seller without undue delay. This report of damage to the seller is recommended to be made in writing via the contact form on the website of the electronic store www.heater-kamna.cz in the "contact" section. If the customer receives the damaged shipment from the carrier, it is necessary to describe the damage both in the carrier's handover report and through the contact form www.heater-kamna.cz in the "contact" section. At the same time, the customer checks the number of packages on the waybill, which must be the same as the actual number of delivered packages or shipments. In the event that the number of consignments on the consignment note does not match the number of delivered consignments, the customer accepts the consignment with a reservation in the consignment note and reports the complaint in writing via the contact form on the website of the electronic store www.heater-kamna.cz in the "contact" section. If they do not do so, the claim for the missing package/s will not be accepted.

5.4.1 Shipping charges for shipments transported by TOPTRANS within the Czech Republic are as follows according to weight:

5.4.2 Freight charges for shipments transported by TOPTRANS within the Slovak Republic according to weight are as follows:

5.4.3 Shipping charges for shipments transported by TOPTRANS within Germany are as follows according to weight:

5.4.4 Shipping charges for shipments transported by TOPTRANS within Austria and Switzerland are as follows according to weight:

5.4.5 Shipping charges for shipments transported by TOPTRANS within France are as follows according to weight:

5.4.6 Shipping charges for shipments transported by TOPTRANS within Denmark are as follows according to weight:

5.4.7 Shipping charges for shipments transported by TOPTRANS within Poland according to weight are as follows:

5.4.8 Shipping charges for shipments transported by TOPTRANS within Italy are as follows according to weight:

5.4.9 Shipping charges for shipments transported by TOPTRANS within Belgium and Luxembourg are as follows according to weight:

5.4.10 Shipping charges for shipments transported by TOPTRANS within Holland are as follows according to weight:

5.4.11 Shipping charges for shipments transported by TOPTRANS within Hungary are as follows according to weight:

5.4.12 Freight charges for shipments transported by TOPTRANS within Spain are as follows according to weight:

5.4.13 Freight charges for shipments transported by TOPTRANS within Croatia are as follows according to weight:

5.4.14 Shipping charges for shipments transported by TOPTRANS within Slovenia are as follows according to weight:

5.4.15 Shipping charges for shipments transported by TOPTRANS within Portugal are as follows according to weight:

5.5 If the customer is not reached by the delivery person of TOPTRANS during the delivery of the shipment, a notice is left for him at the place of delivery, on the basis of which TOPTRANS will make another attempt to deliver the shipment after prior agreement.

5.6 The customer is obliged to pay the actual costs of transport (transportation fee) even if he does not receive the goods sent from TOPTRANS, due to reasons on his side. If the goods are shipped to the customer, an invoice with the amount of the shipping fee will be sent to the customer. The above does not apply if the customer, before notifying the seller or TOPTRANS of the shipment of the purchased goods, notifies the seller in writing of withdrawal from the purchase contract in accordance with the procedure according to Article 3.7 of these terms and conditions.

6. Quality guarantee upon acceptance, rights from defective performance and complaints procedure

6.1 The seller is responsible to the buyer-consumer that the item has no defects upon receipt (guarantee for quality upon receipt pursuant to § 2161 of the Civil Code). The invoice for the goods also serves as a warranty card.

6.2 If the thing does not have the characteristics set out in § 2161 of the Civil Code, the buyer-consumer can also demand the delivery of a new thing without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the thing, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge. If the buyer-consumer does not withdraw from the contract or if he does not exercise the right to the delivery of a new item without defects, to the replacement of its component or to the repair of the item, he can demand a reasonable discount. The buyer-consumer has the right to a reasonable discount even if the seller cannot supply him with a new item without defects, replace its part or repair the item, as well as in the event that the seller does not remedy the situation within a reasonable time, or that the provision of the remedy to the buyer-consumer caused considerable difficulties.

6.3 If a defect becomes apparent within six months of receipt of the goods by the buyer-consumer, it is considered that the item was already defective upon receipt.

6.4 Rights from defective performance do not belong to the buyer if the goods are defective, which were caused by the transport of the goods by the buyer or by unprofessional handling by the buyer.

6.5 A defect in the goods is not the usual color or structural difference in natural materials and artificial materials, especially in the case of additionally ordered goods.

6.6 The right from defective performance does not apply to wear and tear of the item caused by its usual use, inappropriate use or treatment, the influence of weather conditions, unprofessional handling, intentional damage, or defects that the customer was notified of in writing in the purchase contract.

6.7 The buyer-consumer is entitled to exercise the right from a defect that occurs in the goods within twenty-four months of receipt, the buyer-other entity within six months of receipt. For used goods, the parties agree on a period for exercising rights from defective performance of twelve months from acceptance.

6.8 For the buyer-other entity, in the case of defective performance, the following is agreed upon deviating from the relevant provisions of the Civil Code: the occurrence of a repairable defect or defects is always considered an immaterial breach of the contract and not a material breach, in the event of an immaterial breach of the contract, the buyer-other entity has the right to remove the defect and or a reasonable discount from the purchase price, at the seller's choice, in the event of a material breach of the contract, the buyer-other entity has the right to a reasonable discount from the purchase price or to withdraw from the contract.

6.9 If the customer discovers other than obvious damage to the shipment, which is probably caused by the carrier, the following procedure is recommended. The customer informs TOPTRANS by phone, or by email, if the transport was carried out by TOPTRANS, without undue delay, no later than 3 working days from the day the shipment was delivered to the customer, and requests TOPTRANS to draw up a damage report, take delivery of the shipment at customer and its delivery to the seller. The customer must not handle the shipment in any way and must ensure that the packaging in which the shipment was delivered to him is preserved. At the same time, the customer informs the claims department of the e-shop www.heater-kamna.cz, i.e. the seller, about the damage to the shipment and sends him photo documentation of the damaged goods, packaging and labels of the shipping company TOPTRANS.

6.10 The buyer can submit a complaint to the seller via the seller's website or by e-mail to the e-mail address of the online store lukaskamna@seznam.cz. The seller recommends the buyer the following procedure for making a complaint: (i) by filling out the relevant contact form on the seller's website www.heater-kamna.cz in the "contact" section and sending the information by e-mail to the e-mail address lukaskamna@seznam.cz, or (ii) by letter delivered to the seller, in both cases the buyer will attach photo documentation of the damaged goods.

6.11 The seller will decide on the complaint of the buyer - consumer immediately, in complex cases within 3 working days. This period does not include the time appropriate for the type of goods required for a professional assessment of the defect. The complaint, including the removal of the defect, must be dealt with without undue delay, no later than 30 days from the date of application of the complaint, unless the seller and the buyer - consumer agree on a longer period.

7. Final Provisions

7.1 All agreements between the seller and the buyer are governed by the legal system of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.

7.2 These terms and conditions become effective on the day of their publication and are, in the relevant wording, decisive for all orders made on this day and later. The seller reserves the right to change these terms and conditions. The new wording of the terms and conditions will be published on the seller's website www.heater-kamna.cz.

7.3 The buyer is not entitled to assign his claim against the seller arising from the purchase contract to a third party without the consent of the seller.

7.4 Special arrangements with the customer made in the purchase contract take precedence over provisions of these terms and conditions that would conflict with them.

7.5 In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

7.6 All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.

7.7 The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.

7.8 The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

7.9 The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

7.10 The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

7.11 A sample form for withdrawal from the contract is attached to the terms and conditions.

8. Protection of personal data and sending commercial messages

8.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

8.2. The buyer agrees to the processing of his personal data: first and last name, residential address, billing address, identification number, tax identification number, e-mail address, telephone number, gender, IP address (hereafter referred to as "personal data").

8.3. The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.

8.4. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully (when registering, in his user account, when ordering from the store's web interface) and that he is obliged to inform the seller without undue delay of a change in his personal data.

8.5. The seller can entrust the processing of the buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.

8.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner.

8.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.

8.8. In the event that the buyer believes that the seller or the processor (Article 8.5) is processing his personal data in violation of the protection of the buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to for the purpose of their processing, may ask the seller or the processor for an explanation or demand that the seller or the processor remove the state thus created.

8.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.

8.10. The buyer is entitled to withdraw his consent to the processing of personal data at any time.

8.11. The seller issues these conditions for an indefinite period and reserves the right to change them without prior notice.

9. Out-of-court settlement of disputes

9.1 Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

9.2 The European Consumer Center Czech Republic with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

9.3 The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

These general terms and conditions become valid and effective on 8/15/2020.

In Opolany on 15 August 2020