Terms and Conditions

for the sale of goods through an online internet store
located at the Internet address
www.reklamnipiskovani.cz

whose operator it is
Bc. Martin Havlíček
a natural person doing business under the Trade Act not registered in the commercial register
with registered office at Rotalova 53, 614 00 Brno
ID: 04148347
VAT number: CZ8911094181

1. Introductory Provisions
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the operator Bc. Martin Havlíček, with registered office at Rotalova 53, ID number: 04148347, VAT number: CZ8911094181 (hereinafter referred to as the "seller"), in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., regulate the Civil Code (hereinafter referred to as the ) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person who is over 16 years of age (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.reklamnipiskovani.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

1.2. These terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a natural person who, when ordering goods, acts as part of his business activity or as part of his independent profession.

1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions. In the event that the seller changes, supplements or cancels the wording of these terms and conditions, the relations between the buyer and the seller will be governed by the terms and conditions in the wording effective on the date of conclusion of the purchase contract.

2. User account
2.1. Based on the buyer's registration through the online store, the buyer can access their user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). The store's web interface allows you to order goods even without registration.

2.2. When registering and when ordering goods, the buyer is obliged to provide correct and true information. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The seller can cancel the user account, especially if the buyer violates his obligations under the purchase contract (including terms and conditions).

2.5. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the web interface of the store.

3. Conclusion of the purchase contract
3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

3.2. The store's web interface contains information about goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. The web interface of the store also contains information about the costs associated with the delivery of the goods.

3.3. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

a) ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),
b) method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
c) information on the costs associated with the delivery of the goods (hereinafter referred to collectively as the "order").
3.4. Before sending the order to the seller, the buyer is allowed to check and change the data he entered in the order.

The sending of the order is preceded by familiarization and confirmation of agreement with the terms of business and the processing of personal data.

Subsequently, the buyer sends the order to the seller. The data listed in the order they are deemed correct by the seller.

3.5. After sending the goods order, the buyer will receive information about the order (order confirmation) to his e-mail address, which he specified in the order, which will contain, among other things, the order number and a summary of the data of the concluded purchase contract. Order information (order confirmation) is sent automatically.

The purchase contract is created by the sending of the order by the buyer and the acceptance of the order by the seller.

3.6. In connection with the order of goods, the seller may contact the buyer by telephone at the telephone number provided by the buyer when placing the order, in matters related to the fulfillment of the purchase contract.

3.7. The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially breached their obligations towards the seller.

3.8. After its confirmation, the buyer's order is archived as a concluded purchase contract between the buyer and the seller for the purpose of its fulfillment and other records and is accessible to the buyer after logging into his user account.

3.9. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.

4. Price of goods and terms of payment
4.1. The information about the goods and the price stated by the seller are binding except for an obvious error, e.g. a suspiciously low price. Prices are presented including VAT.

4.2. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- by cashless transfer to the seller's account, free of charge,
- ready upon personal collection.

A deposit of up to 100% may be required in the case of a sandblasting job or a larger volume. After prior agreement on the type and amount of sandblasting and the conclusion of a binding, written order.

4.3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of payment by transfer to the seller's account, the purchase price is payable in advance to the seller's account No. 2100819645/2010.

4.4. If the order is not picked up by the buyer, the costs incurred for sending or storing the goods and other related costs will be required to be paid.

4.5. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller issues a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax.

4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

5. Withdrawal from the purchase contract
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract, among other things:

about the delivery of goods that have been modified according to the wishes of the buyer or for his person (for example, when ordering goods with sandblasting),
on the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
on the delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it,
on the delivery of goods, the price of which depends on fluctuations in the financial market, regardless of the will of the seller, and which may occur during the withdrawal period.
5.2. The buyer - consumer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14) days of taking over the goods, while in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts from the date of acceptance of the last delivery of goods. If the buyer exercises the right to withdraw from the contract within 14 days of taking over the performance, he must hand over to the supplier everything he has acquired under the purchase contract.

5.3. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract must be sent to the seller within 14 days.

Withdrawal from the purchase contract is sent by the buyer to the e-mail info@reklamnipiskovani.cz. The seller will confirm the acceptance of the withdrawal to the buyer in text form. However, this provision of the law cannot be understood as the possibility of free lending of goods.

5.4. In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract under the following conditions:

it must be properly packed to avoid damage on the way back to the seller
they must be undamaged
must be complete (including accessories, warranty card, manual, etc.)
with a copy of the delivery note and invoice (if they were issued) or with another document proving the purchase of the goods
If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller. The buyer sends the goods to the address RTH – Havlíček, Podnásepní 1, 602 00 Brno or returns them to this address in person (Monday to Friday 8 a.m. to 2 p.m.). The seller is not responsible for any loss or damage to the goods on the way to the seller. It is not possible to send the goods on cash on delivery, the seller is not obliged to accept the goods in this way.

5.5. In the event of withdrawal from the contract, the seller will return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way that the seller received them from the buyer, or in the way that the buyer will request. In addition to the purchase price, the buyer is also entitled to a refund of the costs of delivering the goods to the buyer. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, he will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.

If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him and the seller inspects the goods.

5.6. If the seller discovers that the returned goods are damaged, worn, dirty or partially consumed, the seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.7. If a gift or other gratuitous performance (hereinafter referred to as "gift") is provided to the buyer together with the goods, a gift contract is concluded between the seller and the buyer with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift shall cease to exist effectiveness and the buyer is obliged to return the gift to the seller together with the goods.

5.8. The seller reserves the right to withdraw from the contract in the following cases:

the seller did not receive the purchase price at the due date or the buyer did not take delivery of the goods
the goods for objective reasons (mainly because the goods are no longer produced, the supplier stopped delivering to the Czech Republic, etc.) cannot be delivered under the original conditions
fulfillment becomes objectively impossible or illegal
In the event that any of the above facts occur, the seller will immediately inform the buyer of the withdrawal from the contract.
If the buyer has fully or partially paid the purchase price, the seller will return the amount received within five days of withdrawal from the contract, without cash to the account that the buyer will provide for this purpose, or from which the payment was made.

6. Transport and delivery of goods
6.1. Delivery of goods is provided throughout the Czech Republic via the delivery service of the Czech Post. The price for shipping is indicated on the web interface while filling out the order form.

The goods can also be picked up in person (Monday-Friday 8 a.m.-2 p.m. or by telephone at +420 728 772 566) at the address: RTH – Havlíček, Podnásepní 1, 602 00 Brno. In the case of personal collection, the purchase price can be paid in advance by transfer to the seller's account or in cash upon collection. There is no charge for payment and shipping for personal collection.

6.2. The delivery time is calculated from the moment the payment is credited to the seller's account (in case of payment in advance and sent by post or personal collection) or from the ordering of the goods (in case of personal collection and payment in cash). The delivery time depends on the availability of the product and the type of goods ordered. Unless otherwise stated in the product description, the product is ready for dispatch or personal collection within 1 to 14 working days. Normal delivery time is 5 working days. For goods that are not in stock and must be ordered abroad, it may be longer than 14 working days. When confirming each order, the buyer will be informed of the estimated processing time.

6.3. If, according to the purchase contract, the seller is bound to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods at the specified place.

6.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier or the store operator as soon as possible and no later than 1 day after delivery of the shipment.

In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

7. Rights from defective performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

the goods have the properties that the parties have agreed upon, and in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
the goods correspond in quality or design to the contracted sample or original
is the goods in the corresponding quantity, measure or weight
meets the requirements of legal regulations.
7.3. Provisions referred to in Article 7.2. the terms and conditions of business do not apply to goods sold at a lower price due to a defect, as a result of which the lower price was agreed upon, to wear and tear of the goods caused by their usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when they were taken over by the buyer, or results- whether due to the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the goods within 24 months of receipt.

7.5. Rights from defective performance are exercised by the buyer at the address of the seller's place of business, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business. The buyer will send or hand over the claimed goods in person (MON - FRI: 8 a.m. - 2 p.m. or by arrangement) to the address: RTH - Havlíček, Podnásepní 1, 602 00 Brno, together with a copy of the sales document. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.

7.6. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

8. Other rights and obligations of the contracting parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

8.3. The seller handles consumer complaints via the electronic address info@reklamnipiskovani.cz. The seller will send information about handling the buyer's complaint to the buyer's email address.

8.4. 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. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.5. All information about goods placed on the website of the online store is of an informative nature and no legal consequences can be derived from it.

8.6. 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 number: 000 20 869, internet address: http://www.coi.cz.

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

9. Protection of personal data according to GDPR
9.1. The protection of personal data of the buyer, who is a natural person, is provided in accordance with Act No. 101/2000 Coll., and with regard to Regulation of the European Parliament and the EU Council 2016/679 on the protection of personal data.

9.2. The buyer acknowledges that he provides the seller with personal data for processing in order to fulfill the obligations of the concluded contract. For this purpose, the following are processed: first and last name or business name, ID number, place of residence or headquarters, delivery address, telephone contact and e-mail, as well as all personal data provided by the buyer.

9.3. Personal data is processed in the form of archiving in electronic and paper form in encrypted programs and lockable spaces. Only trained personnel have access to these.

9.4. The seller is entitled to transfer the buyer's personal data to a third party only for the purpose of fulfilling the order (e.g. subcontractor or carrier). The buyer agrees to such transfer of personal data.

9.5. Personal data will only be processed for the duration of the business relationship + warranty period. After these periods have expired, they will only be processed for the purpose of archiving according to special legal regulations.

9.6. The Office for Personal Data Protection supervises the processing of personal data.

10. Information for consumers
10.1. In the event that a consumer dispute arises between the seller and the buyer-consumer arising from the purchase contract or from the contract for the provision of services, which cannot be resolved by mutual agreement, the buyer-consumer may submit a proposal for an out-of-court settlement of such a dispute to the designated entity for the out-of-court resolution of consumer disputes, which is:

the Czech trade inspection
Central inspectorate - ADR department
Štěpánská 15
120 00 Prague 2

E-mail: adr@coi.cz
Website: www.adr.coi.cz

The buyer-consumer can also use the online dispute resolution platform established by the European Commission at: www.ec.europa.eu/consumers/odr.

11. Final Provisions
11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

11.2. The photos showing the goods on the online store are for information purposes only. Some product photos may contain decorative items that may not be included. Errors and mistakes in the texts of the products are reserved.

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

11.4. The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract and a complaint protocol.

11.5. Contact details of the seller:

Headquarters address:
Bc. Martin Havlíček
Rotalova 53
614 00 Brno

Address for personal collection of goods or personal delivery of goods (returns, complaints):
RTH – Havlíček
Podnasepní 1
602 00 Brno

Email address: info@reklamnipiskovani.cz

Phone: +420 728 772 566