General Terms and Conditions
I.
General Provisions
1. These General Terms and Conditions (hereinafter the “terms“) are in accordance with §1751 et seq. of Act 89/2012 Coll., the Civic Code (hereinafter the “Civic Code“)
Pavla Sobotová
ID No.: 7244151
registered office at: Dr. Uhra 3904/42, 79601 Prostějov
Contact details:
e-mail: pavlarut@feelfilm.cz
phone no.: +420 608872255
www.feelfilm.cz
(hereinafter referred to as “the seller”)
2. These terms govern the mutual rights and obligations of the seller and the natural person, who enters into the sales contract outside of his entrepreneurial activity as a consumer, or as part of his entrepreneurial activity (hereinafter the “buyer“) through the web interface placed on the website and accessible via the address on www.feelfilm.cz (hereinafter the “online shop“).
3. The provisions of these terms are an integral part of the sales contract. Differing arrangements in the sales contract have priority over the terms.
4. These terms and the sales contract are concluded in the Czech language.
II.
Information about goods and prices
1. Information about goods, including prices of items and their descriptions, is stated by the items in the online shop catalogue. Prices of items include the value added tax, all related fees and costs of returned goods, if the goods cannot be returned via post due to its character. The prices are in effect for as long as they are displayed in the online shop. This provision does not exclude the agreement of a price based on individually agreed upon conditions.
2. All the presentation of goods in the online shop catalogue is informative and the seller is not obliged to enter into a sales contract for these goods.
3. The online shop displays information about costs of packaging and shipping of the goods. The information about costs of packaging and shipping of the goods as stated in the online shop is only valid if the goods are delivered in the Czech Republic.
4. Any discounts on the price of the goods cannot be cumulated, unless the seller and the buyer agree otherwise.
III.
Order and Conclusion of a Sales Contract
1. Costs incurred by the buyer with the use of remote communication tools in relation to concluding the sales contract (internet connection, phone calls) are borne by the buyer. These costs do not differ from the basic price.
2. The buyer may place an order on the goods in the following ways:
• using their customer account, if he has previously registered
• in the online shop, by filling in the order form without previous registration.
3. When placing an order, the customer chooses his items, the number of items, the manner of payment and delivery.
4. Before sending the order, the customer has the possibility to check and modify the details filled in in the order form. The order will be placed by the buyer by clicking on the button Check out. The data in the order is considered to be correct by the seller. A condition for the order to be valid is filling in all the mandatory details in the order form and a confirmation by the buyer that he has read these terms.
5. Immediately upon the receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer stated when placing the order. This confirmation is aic and it is not considered the conclusion of the sales contract. The confirmation includes the current terms of the seller in the attachment. The sales contract is concluded after the seller accepts the order. A notice of acceptance of the order is sent to the e-mail address of the buyer. / Immediately upon the receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer stated when placing the order. This notice is considered to be a conclusion of a sales contract. The confirmation includes the current terms of the seller in the attachment.
6. In case the seller cannot fulfil some of the requests stated in the order, he will sent the buyer a modified offer to his e-mail address. The modified offer is considered to be a new proposal for the sales contract and the sales contract is entered into if the buyer confirms the offer on the sellers e-mail address stated in these terms.
7. All orders received by the seller are binding. The buyer can cancel his order until the buyer receives a confirmation of receipt of the order from the seller. The buyer may cancel his order via phone or e-mail of the seller, stated in these terms.
8. In case an apparent technical error occurs on the side of the seller when stating the price of goods in the online shop, or during the placing of the order, the seller is not obliged to deliver goods to the buyer for this apparently incorrect price, even in case the buyer has received a confirmation of order receipt under these terms. The seller informs the buyer about an error without undue delay and sends the modified offer to the buyer’s e-mail address. The modified offer is considered to be a new proposal of the sales contract and the sales contract is entered into if the buyer confirms the offer on the seller’s e-mail address.
IV.
Customer Account
1. The buyer, having registered in the online shop, may access his customer account. The buyer may order goods using his customer account. The buyer may also order goods without registration.
2. While setting up a new customer account and ordering goods, the buyer is obliged to state correct and true information. The information in the user account must be updated upon any change.
The data stated by the buyer in the customer account and upon ordering is considered to be correct by the seller.
3. Access to the customer account is secured by a username and a password.
4. The buyer is obliged to maintain the information required to access his customer account secret. The seller is responsible for any abuse of customer accounts by third persons.
5. The buyer is not entitled to allow third persons to use his customer account.
6. The seller may cancel a customer account, especially in cases when a buyer no longer uses his account for extended periods of time, or if the buyer violates their obligations arising from the sales contract and these terms.
7. The buyer acknowledges that the customer account may not be accessible without interruption, especially with regards to the necessary maintenance of the hardware and software equipment of the seller, or the necessary maintenance of hardware and software equipment of third parties.
V.
Terms of payment and goods delivery
1. The price of goods and costs related with delivery of the goods under the sales contract will be paid by the buyer in one of the following ways:
• non-cash payment – bank transfer to the bank account of the seller no. CZ1555000000000518130002, at Raiffeisen Bank.
• non-cash payment via payment card
• cash upon delivery.
2. Together with the price of the goods, the buyer must also cover the costs of packaging and delivery in the agreed-upon amount. Unless expressly stated otherwise, the price of the goods also includes shipping
costs.
3. If the price is paid in cash, it is due at the moment of delivery of the goods. If the price is paid cashlessly, it is due within 7 days of concluding the sales contract.
4. In case a payment gateway is used, the buyer shall follow the instructions of the provider of electronic payments.
5. If the payment is cashless, the buyer’s obligation to pay the agreed-upon amount is fulfilled at the moment the amount is credited to the bank account of the seller.
6. The seller does not require any advance deposit or other similar payments from the buyer. The payment of the price of the goods before the shipping of the goods is not an advance deposit.
7. According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. He is also obliged to online register received revenue at the tax administrator; in case of technical failure, within 48 hours.
8. The goods shall be delivered to the buyer:
• to the address determined by the buyer in the order.
9. The choice of delivery method is done while placing the order for the goods.
10. The costs of delivery, depending on the shipping method, are stated in the buyer’s order and in the order confirmation issued by the seller. In case the shipping method is agreed on based on a special request of the buyer, the buyer bears the risk and any additional costs related to his chosen shipping method.
11. If the seller is obliged to deliver the goods according to the sales contract to a place determined by the buyer in the order, the buyer is obliged to accept the goods upon delivery. In case, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or using a different method than stated in the order, the buyer is obliged to cover the costs related to the repeated or different delivery.
12. The buyer is obliged in particular to check whether or not the packaging is intact, and in the event of any kind of defect, to alert the forwarder of such a fact without delay. If the buyer detects damage on the packaging, reflecting illegal opening of the package, the buyer is not obliged to accept the order.
13. The seller shall issue a tax invoice for the buyer. The invoice shall be sent to the e-mail address of the buyer. / The invoice will be included with the goods.
14. The buyer obtains rights of property to the goods upon payment of the entire price including delivery costs, but with the acceptance of the goods at the earliest. Responsibility for accidental destruction, damage or loss of the goods passes onto the buyer at the moment of accepting the goods, or from the moment that the buyer had the opportunity to accept the goods, but in violation of the sales contract has not done so.
VI.
Withdrawal from the Contract
1. A buyer who has entered into a sales contract outside their entrepreneurial activity as a consumer has the right to withdraw from the sales contract.
2. The withdrawal period is 14 days:
• from the receipt of the goods,
• from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery in several parts
• from the day of receipt of the first delivery of goods, if the subject of the contract is regular, repeated delivery of goods.
3. The buyer, may not, inter alia, withdraw from the sales contract:
• over the provision of services, if the provision of services have been fulfilled with the consumer’s prior express consent before the expiry of the withdrawal period and the seller has informed the buyer, before concluding the contract, that in this case he has no right to withdraw from the contract,
• over the delivery of goods or services, whose price is dependent on financial market deviations, irrespective of the will of the seller, which may occur during the withdrawal period,
• over the delivery of goods, which were adjusted according to the wishes of the buyer or their receiving party
• over sealed packaging from which the buyer has removed the goods and when the removed goods can not be returned due to hygienic reasons,
• over the delivery of a sound or image recording or a computer program, if the buyer has already opened its original packaging,
• over the delivery of newspapers, periodicals or magazines,
• over the delivery of digital content, if it has not been supplied on a physical medium and has been supplied with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has communicated to the buyer that in that case he has no right to withdraw from the contract.
• in other cases described in §1837 of the civic code.
4. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
5. To withdraw from the sales contract, the buyer may use a model withdrawal form provided by the seller. The buyer shall notify the seller of their withdrawal from the sales contract via e-mail or to the postal address of the seller as stated in these terms. The seller shall immediately confirm receipt of the form to the buyer.
6. The buyer who withdrew from the sales contract is obliged to return the goods to the seller within 14 days of withdrawal. The buyer bears the costs related to returning the goods to the seller, including cases wherein the goods cannot be returned in the mail due to their character.
7. If the buyer withdraws from the contract, the seller shall return immediately, within 14 days from the withdrawal at the latest, all the funds including the delivery costs he received, in the same manner.
The seller shall return funds to the buyer in a different way only if the buyer consents to it and does not incur additional costs.
8. If the buyer choses a manner of delivery other than the cheapest the seller offers, the seller will reimburse the costs of delivery to the amount of the cheapest delivery method offered.
9. If the buyer withdraws from the sales contract, the seller is not obliged to reimburse the amount received from the buyer before the buyer returns the goods or proves that he has sent the goods to the seller.
10. The buyer must return the goods in an undamaged, unworn and clean condition, and, if possible, in the original packaging. The seller has the right to offset any costs of repairs of damages to the goods against the reimbursed amount.
11. The seller is entitled to withdraw from the sales contract due to exhausted stocks, unavailability of the goods, or if the manufacturer or forwarder of the goods has stopped manufacture or import of goods. The seller shall immediately inform the buyer via the e-mail address stated in the order and reimburse all the funds received from the buyer based on the sales contract within 14 days of the withdrawal from the sales contract, including the costs of delivery, in the same manner or in the manner determined by the buyer.
VII.
Rights from Defective Performance
1. The seller is responsible to the buyer that the goods are not defective on delivery. The seller is particularly responsible to the buyer that at the time of delivery:
• the item has characteristics that the two parties negotiated, and if it is missing what was negotiated, these characteristics that the seller or manufacturer described or that the buyer was expecting with regards to the item’s format and on the basis of what was implied in the advertisement,
• the item is suitable for the purpose that the seller has indicated or for the purpose with which an item of its kind is normally used,
• the item corresponds to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
• the item is in the appropriate quantity, degree or weight; and
• the item meets the requirements of its legal description.
2. If a defect emerges within six months of receipt by the buyer, it is deemed to have been defective on delivery. The buyer is entitled to claim his right to a defect within 24 months upon receipt of the ordered goods. This provision shall not apply with goods sold at a lower price due to a defect due to which the lower price was agreed, to wear caused by normal use, to used goods with defects which correspond to the degree of use or wear, which the goods displayed before receipt, or if it corresponds to the character of the goods.
3. If a defect emerges, the buyer may submit a complaint and claim:
• exchange for new goods,
• repair of the goods,
• a befitting discount on the purchase price,
• withdrawal from the contract.
4. The buyer has the right to withdraw from the contract if the goods is significantly defective, he cannot use the goods normally due to repeated displays of the defect or defects after repair, or if there are several defects.
5. The seller is obliged to accept the claim on any of the sites where it is possible or in their headquarters or place of business. The seller is obliged to issue a written confirmation about this right being exercised, what comprises the claim, how the buyer requires the claim to be settled, as well as a confirmation of the date and the manner of settling the claim, including a confirmation of repairs and its duration, or a written justification for denying the claim.
6. The seller or an authorized employee of the seller shall decide about the claim immediately, in more complicated cases within three days. This period does not include the time necessary to obtain an expert opinion befitting the type of product or service. The claim, including the repair of the defect, must be settled immediately, at the latest within 30 days of submission, unless the buyer and the seller agree on a longer period. Beyond this deadline, the contract is considered to have been violated and the buyer has the right to withdraw from the contract. The moment of submitting the claim is the moment when the buyer has declared their will (to exercise their right from defective performance) to the seller.
7. The seller shall inform the buyer in writing about the result of their claim.
8. The right from defective performance does not apply if the buyer knew before receiving the goods that the item was defective or if he caused the defect.
9. If the claim is legitimate, the buyer has the right to compensation of costs he incurred in relation to submitting the claim. This right may be exercised with the seller within one month after the end of the warranty period.
10. The buyer chooses the method of claiming.
11. The rights and obligations of the contractual parties in relation to the rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the civic code and Act no. 634/1992 Sb., on consumer protection.
VIII.
Delivery
1. The contractual parties may conduct all written communication electronically.
2. The buyer delivers correspondence to the seller using the e-mail address stated in these terms. The seller delivers correspondence to the buyer using the e-mail address stated in his customer account or his order.
IX.
Out-of-court dispute resolution
1. The competent institution to settle out-of-court disputes is the Czech Trade Inspection Authority, registered office at Štěpánská 567/15, 120 00 Praha 2, tax ID: 00020869, website: https://adr.coi.cz/cs. The platform
to resolve disputes on-line at http://ec.europa.eu/consumers/odr can be used to settle disputes between the buyer and the seller arising from the sales contract.
2. The European Consumer Centre Czech Republic, registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under the Regulation of the European Parliament and the Council (EU) no. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
3. The seller is entitled to sell goods based on his business licence. The business is monitored by the competent business authority. The Czech Trade Inspection Authority has a defined supervisory position to monitor the compliance with Act 634/1992 Sb. on consumer protection.
X.
Final Provisions
1. All arrangements between the buyer and the seller are governed by the laws of the Czech Republic. If the relationship arising from the sales contract contains an international element, the parties agree that the relationship is governed by the laws of the Czech Republic. This does not
affect the rights of the consumer arising from universally binding laws.
2. The seller is not bound by any code of conduct in relation to the buyer within the meaning of provision § 1826 1 e) of the civic code.
3. All the rights pertaining to the seller’s website, particularly rights of intellectual property of the content, including the design of the site, photographs, films, graphics, trade marks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or its parts without the consent of the seller.
4. The seller is not liable for errors arising from interference of third parties in the online shop or its use contrary to its purpose. The buyer must not take steps during the use of the online shop, which could negatively affect its operation and must not undertake any action that could enable him or third parties to illegally interfere or use the programmatic equipment or other parts of the online shop, or use the online store or part thereof or its software in such a way that is contrary to its original purpose.
5. The buyer takes on the risk of changing circumstances within the meaning of § 1765 art.2 of the civic code.
6. The sales contract including the terms is archived by the seller in electronic form and is not accessible.
7. The seller can modify or complete the version of these terms. Amendments to the termss are without prejudice to rights and obligations arising during the period of validity of the previous version of the terms.
8. A model Withdrawal Form forms an attachment to these terms.
These Terms and Conditions become effective on 29 October 2018.