Shop operator: Eliška Kvašňovská
Registered office: Dukelská 10, Český Těšín 737 01
Address for correspondence / sending complaints:
Smetanova 1912/5, Český Těšín 737 01
1. General provisions
These terms and conditions apply to purchases in the online shop eshop.ellienka.cz. The terms and conditions define and specify the rights and obligations of the seller (operator, supplier) and the buyer. If the buyer is an entrepreneur, other conditions may apply to the relationship between the buyer and the seller, which are described in more detail in this document.
2. Definition of terms
Consumer contract - is a contract of sale, a contract for work or other contracts where the parties to the contract are a consumer on the one hand and an entrepreneur on the other.
Supplier/seller - means a person who, in concluding and performing a contract, acts in the course of his trade or other business. It is an entrepreneur who, directly or through other entrepreneurs, supplies goods or services to the buyer. The customer of our online shop is the buyer. In view of the applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is an entrepreneur.
A consumer buyer is any person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes a contract with or otherwise deals with an entrepreneur.
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.). Excerpts from these laws can be found under this section of the Terms and Conditions.
Buyer - an entrepreneur is a buyer who purchases products or uses services for the purpose of his business in accordance with Section 420 of the Civil Code.
The special provisions on the sale of goods in commerce do not apply to the regulation of the relationship between the seller and the buyer-entrepreneur, with the exception of the provisions of § 2160, which expressly apply to the relationship between the seller and the buyer-entrepreneur. Furthermore, the provisions on obligations under contracts concluded with consumers (Part 4 of the Civil Code), in particular the provisions of Section 1829 et seq. of the Civil Code, shall not apply to the relationship between the seller and the buyer-entrepreneur.) Section 1924 of the Civil Code is expressly excluded for the relationship between the seller and the purchaser-entrepreneur; the purchaser-entrepreneur is not entitled to reimbursement of costs reasonably incurred in the event of a complaint. Furthermore, the purchaser-entrepreneur shall not be entitled to compensation for damage caused by a defective product in accordance with Section 2943 of the Civil Code, by a faulty product, during assembly or installation of the product or in any other way causally related to the product. The Consumer Protection Act (No. 634/1992 Coll.) shall not apply to the relationship between the Buyer - entrepreneur and the Seller.
Purchase contract - All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply. The conclusion of the purchase contract does not take place when the buyer sends the order to the seller. The contract of sale is formed at the moment of confirmation of the buyer's order by the seller. From this moment on, the mutual rights and obligations between the Buyer and the Seller are defined in the Purchase Agreement and the Terms and Conditions, which are an integral part of this Agreement. The conclusion of a contract of sale without negotiation of all the requirements set out in the Civil Code is excluded within the meaning of Section 1726 of the Civil Code. The Seller further excludes the acceptance of an offer with an amendment or deviation in accordance with Section 1740(3) of the Civil Code.
Information on the concluded contract and terms and conditions
The contract is concluded in the Czech language, unless circumstances on the part of the seller or buyer prevent it, the contract may be concluded in another language understandable to the parties. The concluded contract is archived by the Seller in accordance with the relevant legal regulations for the purpose of its successful execution or for other purposes and is not accessible to third parties. Information on the individual technical steps leading to the conclusion of the contract is visible from the ordering process in our online shop and the Buyer has the opportunity to check and, if necessary, correct the order before sending it. These terms and conditions are displayed on the website of our webshop and are thus made available for archiving and reproduction by the buyer. The cost of using remote means of communication (telephone, internet, etc.) to place an order is at the normal rate, depending on the tariff of the telecommunications services used by the customer.
According to the amendment to Act No. 235/2004 Coll., on value added tax, as of 1 January 2013, the data in the tax document (invoice) already issued cannot be changed. The data in the tax document (invoice) can only be changed if the customer has not yet received the goods and has not paid.
3. Delivery of goods
The ordered goods are delivered according to size and weight by DPD commercial parcel or by a contractual transport service. Deliveries of the subject of performance will be made in the shortest possible time, usually 2-10 working days, depending on the availability of products and operational possibilities of the seller. In exceptional cases, or if the goods are not in stock, the delivery time may be longer, of which the buyer will be notified immediately upon discovering this fact. The place of delivery is determined on the basis of the buyer's order. Delivery of the goods to the address indicated shall be deemed to have been fulfilled.
Transportation to the destination address shall be provided by the Seller. The shipment of goods shall normally include a tax document (invoice) and instructions for use of the product in the Czech language. When receiving the goods from the shipping service or post office, always check carefully the integrity of the shipping packaging. If the packaging is damaged, please indicate this information in the handover report of the transport service or post office. The seller is obliged to deliver the ordered goods within the agreed time limit. If this does not happen, the buyer is entitled to withdraw from the contract.
The seller provides shipping to the Czech Republic, USA, Asia and last but not least other countries in the EU.
Shipping prices are inclusive of VAT. We differentiate the shipping costs according to the chosen method.
We arrange or mediate the following delivery methods.
Delivery by DPD courier.
In the event that any method of transport is chosen, where the goods are transported to the address provided by the purchaser, the transport can only be carried out to the designated place if this is factually possible with regard to the spatial delimitation of the place of delivery. For example, it will not be possible to deliver the goods to the buyer's flat if the corridor of the common areas is too narrow or the stairs too steep, etc. In such a case, the goods will be delivered and left at a place where actual delivery is possible.
4. Payment terms
In the case of special order goods or goods that are out of stock, the seller will confirm the price and delivery date to the buyer in advance by telephone/email. If the valid price is the same or lower than the price on the written or e-mail order, it is not confirmed back to the buyer and the goods are delivered to the buyer at the agreed price according to the validly concluded contract. If the price is changed, the customer confirms that he acknowledges and agrees to the change in the same manner in which he was notified of the change.
Payment condition - the basic method of payment is cash on delivery of the object of performance, or the possibility of using other methods of payment, which are listed below. In the event that the customer chooses to pay in advance, the seller will wait to ship the goods until the customer's obligation to make payment has been fulfilled. Payment is understood as the crediting of the full amount according to the contract to the Seller's account.
All prices are final and include VAT. The Buyer has the opportunity to find out how long the price remains valid before placing an order by sending an e-mail to email@example.com.
All goods are delivered with a tax receipt. The goods remain the property of the seller until the purchase price is paid in full. In the event of cancellation of the order or part thereof by the supplier, the money or the relevant part thereof shall be sent back immediately to the account number from which it was transferred, unless otherwise agreed.
All changes and price changes on the online shop are subject to change. The offer of goods issued on eshop.ellienka.cz is valid until the stock is sold out or the seller loses the ability to perform, and the number of promotional items is always indicated in the offer, or the offer is limited for a specified period of time. The price is valid at the time of ordering.
Methods of payment:
Payment on delivery
Payment by bank transfer
At the buyer's option, the seller will deliver the goods to the place and in the manner specified by the buyer in the order. The Buyer is obliged to take delivery of the goods so delivered.
The Seller confirms that the products imported or distributed by it, which are covered by Act No. 22/1997 Coll. within the meaning of Government Regulations No. 173/1997, 179/2001, 17/2003 and 616/2006, comply with these regulations. The Seller declares that the products imported or distributed by it which come into contact with foodstuffs comply with Act No. 258/2000 Coll., and Decrees of the Ministry of Health of the Czech Republic 38/2001 Coll. and 186/2003 Coll., as well as Regulation EC 1935/2004 of the European Parliament and of the Council. For goods falling within the scope of the amendment to the Waste Act No. 185/2001 Coll., a recycling fee is included in the total invoice price. For goods where the recycling fee is not listed and quantified separately, it is already part of the purchase price.
Right of withdrawal
5. Withdrawal from the contract by a buyer who is a consumer
Pursuant to Section 1829 of the Civil Code, the consumer has the right to withdraw from the contract without giving reasons within 14 days of receipt of the goods, or from receipt of the last delivery of the goods if the purchase contains several types of goods or consists of several parts (it is sufficient to send on the 14th day of the deadline). If the buyer decides to withdraw within this period and complies with the conditions set out below, the purchase price and the cost of the cheapest method of delivery offered from the seller to the buyer will be refunded. In accordance with § 1820(1)(g) and § 1832(3), the consumer shall bear the costs of returning the goods when withdrawing from the purchase contract pursuant to § 1829 et seq.
If you decide to withdraw within this period, please observe the conditions set out below:
A letter of withdrawal must be sent to the seller no later than the 14th day after receipt of the goods.
You must deliver the goods back at your own expense to Eliška Kvašňovská, Smetanova 1912/5, Český Těšín 737 01, no later than 14 days after withdrawal. Please send the goods exclusively via the shipping company.
We recommend that you return the goods you send under this withdrawal in their original intact packaging, the goods should not show signs of use, be undamaged, complete (including accessories, warranty card, instructions, etc.) and with a copy of the proof of purchase. Do not send goods on COD.
The money for the goods and the cost of the cheapest method of delivery offered by the online shop will be refunded to you in the same way as it was received, or as agreed by bank transfer or bank transfer to your account, within 14 days of withdrawal from the contract. The Seller is not obliged to refund the Buyer any funds spent before the Buyer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.
If the value of the goods has been reduced (the goods have been partially consumed or worn out as a result of handling them in a manner other than that which is necessary in view of their nature and characteristics; the goods are incomplete or have been damaged), the buyer is obliged to compensate the missing value in money. The seller is entitled to set off against the purchase price the amount representing the compensation for the damage incurred by him by using the goods in violation of § 1833.
If services were the subject matter of the contract and performance of those services has commenced, then the buyer is obliged to pay a proportionate part of the price for the services consumed, unless the buyer has withdrawn from the contract.
If additional goods are sold with the goods at a highly discounted promotional price (e.g. 1 CZK), the contract of sale, the subject of which is these discounted promotional goods, shall be deemed to be concluded with a resolutive condition, and if the contract of sale, the subject of which was the goods to which the goods were sold at the discounted promotional price, is withdrawn, the contract of sale regarding the discounted promotional goods shall cease to be effective and the buyer shall be obliged to return the goods at the discounted promotional price to the seller and the seller shall return the purchase price of these discounted promotional goods to the buyer. If the Buyer fails to return the highly discounted goods within the time limit set by the Seller, the Seller shall have the right to continue to recover an amount equal to the value of the unreturned product
If the buyer withdraws from the purchase contract, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by the usual postal method due to their nature.
The buyer is not entitled to withdraw from the contract within the meaning of Section 1837 of the Civil Code:
the provision of services if they have been performed with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that he has no right of withdrawal in such a case
the supply of goods or services the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period
the delivery of alcoholic beverages which may be delivered after the expiry of thirty days and the price of which depends on financial market fluctuations independent of the entrepreneur's will
the delivery of goods which have been adapted to the consumer's wishes or to his person
the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery
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
the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons
the supply of an audio or visual recording or a computer program if the original packaging has been damaged
the supply of newspapers, periodicals or magazines
accommodation, transport, catering or leisure activities, provided that the trader provides these services within the specified time limit
concluded on the basis of a public auction pursuant to the law governing public auctions
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 and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal
In the event that the buyer has paid for the order via an online payment method (bank transfer or PayPal) and the order is cancelled or the purchase contract is withdrawn, the seller reserves the right to transfer the funds back to the customer in the same way to the same account number from which the payment was made.
6. Withdrawal from the contract by the supplier/seller
The Seller shall be entitled to withdraw from the contract concluded with the Customer in the following cases: the goods are no longer manufactured or delivered or the price of the supplier of the goods has changed significantly, or it is not possible to deliver the goods to the Seller from the Seller's supplier at the originally stated price, as well as in the case of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for this type/type of goods).
An obvious error in the price of the goods is considered to be, for example, an erroneous indication of the first three digits instead of four; a price that is one digit lower (e.g. one digit is "dropped" when the price is indicated); an obviously low price of the goods (e.g. a price that is 50% lower than the usual price for this type and type of goods, without indicating that the goods are on sale or on other discount); and other obvious typing errors, obvious errors in the description of the goods, picture, etc, or in the case of manifestly erroneous information given by a customer service operator.
In the event that this situation arises, the Seller will immediately contact the Buyer to agree on further action. If the Buyer has already paid part or all of the purchase price, the amount will be transferred back to the Buyer's account or address as soon as possible within 14 days of the Seller's cancellation of the order.
The buyer-consumer is entitled to purchase only the quantity that corresponds to the normal operation of the household. The goods purchased by the Buyer-Consumer are not intended for industrial or professional use. The goods purchased by the Consumer Buyer are not intended for resale. If the Buyer-Consumer orders or purchases a quantity that does not correspond to the normal operation of the household, or the Seller considers that it will be used for resale, the Seller is entitled to cancel the order and, if the order is confirmed, the Seller is entitled to withdraw from the purchase contract, without any further claims of the Buyer.
The Buyer - entrepreneur is entitled to purchase only such quantity as corresponds to the normal operation of the business of an ordinary entrepreneur. The goods purchased by the Buyer-entrepreneur are not intended for industrial or professional use. The goods purchased by the Buyer-entrepreneur are not intended for resale. If the Buyer-Businessman orders or purchases a quantity that does not correspond to the normal operation of the business of an ordinary businessman or the Seller considers that it will be used for resale, the Seller shall be entitled to cancel the order and, if the order is confirmed, the Seller shall be entitled to withdraw from the contract of sale, without any further claims of the Buyer.
The aforementioned provisions shall apply by analogy to the cancellation of an order and shall also apply by analogy to the declaration of the amount of the discount in the case of various discount or marketing campaigns.
7. Rights arising from defective performance and warranty
Before first use, the buyer is obliged to read the instructions for use or operating instructions and any warranty conditions and then follow this information strictly, otherwise he/she runs the risk of damaging the item by improper use, which may result in the inability to assert his/her rights under liability for defects. The period for the exercise of the seller's rights under liability for defects begins with the acceptance of the item by the buyer.
In accordance with § 2104, the buyer is obliged to inspect the goods as soon as possible after receipt and to satisfy himself as to their characteristics and quantity.
In the event that the Buyer uses the goods for professional or industrial purposes and a defect occurs in the goods in connection with such use, the defect is a defect caused by the Buyer and the Buyer is not entitled to any rights under the defective performance.
If the Buyer - entrepreneur fails to notify the Seller of the defect without undue delay after he could have discovered it with timely inspection and sufficient care after the risk of damage to the goods has passed, he shall lose the right to withdraw from the purchase contract.
8. Time limit for exercising rights arising from defective performance
When selling consumer goods, the period for exercising rights under defective performance is set at 24 months, but may be longer by a declaration in the warranty certificate, on the packaging or in the advertising. If a guarantee longer than 24 months is provided in this way, the seller shall determine the conditions and extent of the extension of the guarantee by means of a declaration in the guarantee certificate or by special terms and conditions and, if not so determined, the provisions of the Civil Code on the guarantee for quality shall apply to defects arising after the expiry of the period of 24 months following the acceptance of the goods. The seller's liability for defects does not apply to normal wear and tear of the item (or its parts) caused by use or mechanical damage to the product.
The buyer-consumer has the following rights when exercising his rights under liability for defective performance:
the right to free repair of the goods
the right to the delivery of new goods or the replacement of a part of the goods, whereby this right may be exercised if the delivery of new goods or a part of the goods is a reasonable solution to the claim in view of the nature of the defect. Reasonableness for this purpose is assessed, for example, by the fact that the defect cannot be remedied by repair or that such repair appears to be uneconomical in terms of cost or time. The consumer also has the right to have new goods delivered or parts replaced if the defect is remediable but the goods cannot be properly used due to the recurrence of the defect (after repair - i.e. if the same defect with the same manifestations occurs 3 times in total and such defect has been repaired at least twice) or due to a large number of defects.
The right of withdrawal - can be exercised if it is not possible to repair the goods and it is not possible to deliver new goods or replace their parts (if the conditions of this right are met). Furthermore, this right can be exercised if the goods have a greater number of defects or cannot be used properly due to the recurrence of the defect after repair.
If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may claim a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot supply a new item free of defects, replace a part of the item or repair the item, and if the seller fails to remedy the defect within a reasonable time or if remedying the defect would cause the consumer considerable difficulty.
The warranty period and the rights arising from it for all buyers who are not consumers shall apply to the extent specified by the importer or manufacturer. If the importer or manufacturer does not so stipulate, the rights arising from the quality guarantee pursuant to Section 2113 et seq. of the Civil Code shall apply. If a defect occurs in the goods sold to the purchaser - entrepreneur, the purchase contract shall be deemed to have been breached in an insubstantial manner and the exercise of the right of defective performance shall be governed by Section 2107 of the Civil Code.
9. Claims (Rights of defective performance)
In the case of a claim filed by the Buyer - consumer, the Seller decides on the claim immediately, in complex cases within 3 working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint shall be settled without undue delay, at the latest within 30 calendar days from the date of the complaint, unless the Seller and the Buyer agree otherwise in writing. After the expiry of this period, the consumer has the same rights as if it were a material breach of contract. The Seller shall issue a written confirmation to the Consumer, which shall be sent to the Consumer's e-mail address, stating when the Consumer made the claim, what the content of the claim is and the manner in which the claim is to be settled. In addition, the seller shall issue a confirmation to the consumer by e-mail of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair. In the case of a rejected complaint, the seller shall provide the consumer with a written justification for the rejection. Liability rights shall be exercised with the seller from whom the goods were purchased. However, if another repairer is specified in the warranty certificate and is located in the place of the seller or in a place closer to the buyer, the buyer shall exercise the right to repair with the repairer designated to carry out the warranty repair.
In the event that the rights from defective performance are exercised by the buyer - entrepreneur, the seller is not obliged to settle the claim within 30 days. The claim shall be settled within the time limit specified by the relevant service provider of the brand in question.
If you have any questions about the status of your claim, please contact: firstname.lastname@example.org
The buyer-consumer has the right to reimbursement of the necessary costs incurred in connection with the exercise of the rights of liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the consumer is also entitled to reimbursement of the costs necessarily incurred for this withdrawal.
If the Buyer does not collect the goods even after 8 months from the date of the complaint, the Seller is entitled to sell the product to a third party in a suitable manner for a reasonable price within the meaning of § 2428 of the Civil Code, at the Buyer's expense; the proceeds shall be released to the Buyer without undue delay, but the Seller may deduct the storage costs and costs reasonably incurred in connection with the sale. In the event that the goods cannot be sold, the Seller is entitled to dispose of the goods. In such case, the Buyer shall not be entitled to any compensation for the disposed goods
10. Out-of-court settlement of consumer disputes
Pursuant to the provisions of Section 1820 (1) (j) of the Civil Code and Section 14 (1) and Section 20d et seq. of Act No. 634/1992, on Consumer Protection, the Seller informs that the consumer may apply for out-of-court settlement of a consumer dispute to the consumer dispute resolution body, which is the Czech Trade Inspection Authority, on the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in the manner and under the conditions set out in the relevant legislation. For the avoidance of doubt, nothing in these terms and conditions excludes the possibility for consumers to bring their claims before a civil court.