Terms and conditions of the online store

Self-employed Alla Holovatiuk

with headquarters Práčská 2671/111, 106 00, Prague 10 - Runaways

identification number: 17262631

for the sale of goods through the online store located at the internet address https://b2b.ortek.cz/

1. INTRODUCTORY PROVISIONS

1.1.      These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the business company Self-employed Alla Holovatiuk, with its registered office Práčská 2671/111, 106 00, Prague 10 - Záběhlice, identification number: 17262631,  (hereinafter referred to as the “Seller”), in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), regulate 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 (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on a website located at the Internet address ortek.cz (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Website Interface of the Store”).

1.2.      The 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 person who acts when ordering goods within the scope of their business activities or within the scope of their independent profession.

1.3.      Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.

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

1.5.      The seller may change or supplement the text of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous text of the terms and conditions.

2. USER ACCOUNT

2.1.      Based on the buyer's registration on the website, the buyer can access his user interface. From his user interface, the buyer can order goods (hereinafter referred to as the "user account"). The buyer can also order goods without registering directly from the store's web interface.

2.2.      When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods is 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 Buyer is not entitled to allow the use of the user account by third parties to those persons.

2.5.      The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 10 years, or if the Buyer violates his/her obligations under the purchase contract (including the terms and conditions).

2.6.      The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third-party hardware and software equipment.

3. CONCLUSION OF A PURCHASE CONTRACT

3.1.      All 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 do not apply.

3.2.      The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid for the period in which they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

3.3.      The web interface of the store also contains information about the costs associated with packaging and delivery of the goods. Information on the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

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

3.4.1.    ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the store),

3.4.2.    method of payment of the purchase price of the goods, information on the requested method of delivery of the ordered goods and

3.4.3.    information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

In the event of a price being stated where it is obvious that there is an error in writing and numbers, this price is not binding and the purchase contract is not concluded.

3.5.      Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, including with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The seller considers the data provided in the order to be correct. Immediately after receiving the order, the seller will confirm receipt of the order to the buyer by e-mail to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").

3.6.      The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7.      Contractual relationship between The seller and the buyer shall be bound by the delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

3.8.      The buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) shall be borne by the buyer, while these costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1.      The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:

in cash on delivery at the location specified by the buyer in the order;

by bank transfer to the seller's account 7812762002/5500 (hereinafter referred to as the "seller's account"); by bank transfer by credit card at the premises or to the driver of the transport company;

4.2.      Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

4.3.      The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4.      In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of concluding the purchase contract.

4.5.      In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6.      The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, para. 1 of the Civil Code shall not apply.

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

4.8.        If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – ​​the invoice is issued by the seller to the buyer after payment of the price of the goods.

4.9.      According to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, no later than within 48 hours.
In the case of minor arrears that do not exceed 1 euro, the seller reserves the right not to take further steps to recover these amounts and to consider the contract as fully executed.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1.      The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from the purchase contract for the supply of sound or video recordings or computer programs if their original packaging has been broken. 

5.2.      Unless it is a case specified in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the Buyer has, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer may send the withdrawal from the purchase contract, among other things, to the address of the seller's business premises or to the seller's e-mail address site@ortek.cz

5.3.      In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature. If the buyer has received the goods, he is obliged to send them back to the seller's address: Shipmall s.r.o., Vrchlického 323, 517 21 Týniště nad Orlicí, Czech Republic, tel.  +420 731 450 400, while the goods must be without signs of use, must not be damaged and must be complete including packaging.

Please write to site@ortek.cz the reason for the return.

5.4.      In the event of withdrawal from the purchase contract according to Art. 5.2 of the terms and conditions, the seller will return the funds received from the buyer. The refund is made within 10-12 days after the warehouse receives the returned goods. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

5.5.      The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.6.      In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.

5.7.      If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1.      If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2.      If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery.

6.3.      If, for reasons on the buyer's part, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another method of delivery.

6.4.      When accepting 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, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5.      Other rights and obligations of the parties during the transport 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 Sections 1914 to 1925, Sections 2099 to 2117 and Sections 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 from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1.    the goods have the properties that the parties agreed upon, and in the absence of such an agreement, they have the properties that the seller or manufacturer 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,

7.2.2.     the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

7.2.3.    the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

7.2.4.    the goods are in the appropriate quantity, measure or weight and

7.2.5.    the goods comply with the requirements of legal regulations.

7.3.      The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their usual use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

7.4.      If the defect becomes apparent within six months of taking over, it is considered that the goods were defective already upon taking over. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.

7.5.      The buyer exercises the rights from defective performance with the seller at the address of his establishment, where the complaint can be accepted with regard to the range of goods sold, or at the registered office or place of business.

7.6.      Other 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.      The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

8.3.      The Seller handles consumer complaints via the electronic address site@ortek.cz. The seller will send information about the settlement of the buyer's complaint to the buyer's email address.

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

8.5.      The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council 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 online dispute resolution for consumer disputes).

8.6.      The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7.      The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 para. 2 of the Civil Code.

8.8.  On this website, the owner has the right to allow third parties to place advertisements and sell goods, who in such a case will receive payment on their own account, and are also responsible for warranty conditions, taxation and other legal issues.
Specifically, the Owner grants the right to place advertisements, as well as to sell goods to FOP (Individual Entrepreneur) Vitaly Fedorovich Holovatyuk, ID code 3058900177, bank account UA413808050000000026001183087, Raiffeisen Bank Aval, city of Kyiv, MFO 380805, who can independently collect payment, and also bears responsibility for warranty obligations, taxation and other legal issues.

9. PERSONAL DATA PROTECTION

9.1.      The seller processes the buyer's personal data. More information on such processing can be found here

10. FINAL PROVISIONS

10.1.     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.

10.2.     By choosing the law according to this article of the Terms and Conditions, the consumer is not deprived of the protection provided to him by the provisions of the legal order from which he cannot contractually deviate, and which would otherwise apply in the absence of a choice of law pursuant to the provisions of Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

10.3.     If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

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

10.5.     We determine your satisfaction with your purchase through e-mail questionnaires as part of the Verified by Customers program, in which our e-shop is involved. We send these to you every time you make a purchase from us, unless you refuse to receive them pursuant to Section 7(3) of Act No. 480/2004 Coll. on certain information society services. We process personal data for the purpose of sending questionnaires within the Verified by Customers program based on our legitimate interest, which consists of determining your satisfaction with your purchase with us. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we may provide information about the purchased goods and your e-mail address to it. Your personal data is not provided to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires within the Verified by Customers program at any time by refusing further questionnaires using the link in the e-mail with the questionnaire. In the event of your objection, we will not send you the questionnaire again.

10.6.     Seller's contact details: delivery address Práčská 2671/111, 106 00, Prague 10 - Záběhlice, e-mail address site@ortek.cz, telephone +420 296 183 085