Terms and conditions

Terms and conditions

Vcelí banka s.r.o.

Závada 71, Petrovice u Karviné, 73572

Identification number 07641231 VAT number CZ07641231

for the sale of goods through the online store located at www.vcelibanka.cz

1. General Terms

1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of a commercial company with registered office, identification number: 07641231, Závada 71, Petrovice u Karviné, 73572, registered in the commercial register kept by , department , insert (hereinafter referred to as the "seller") are governed by the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., of the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties to the contract arising in connection with or on the basis of a purchase and sale contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on the website located at the Internet address www.vcelibanka.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store website").

1.2. The Regulations do not apply to cases where the person intending to purchase goods from the seller is a legal person or a person who, when ordering goods, acts as part of his business or as part of his freelance profession.

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

1.4. The Regulations are an integral part of the purchase and sale agreement. 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 content of the regulations may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms.

2. User account

2.1. Based on the buyer's registration on the website, the buyer can access his user account. The buyer can order goods from his user account (hereinafter referred to as "a"). If the store's website allows it, the buyer can also order goods without registration directly from the store's website.

2.2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the data provided in the user account in the case of a change. The data provided by the buyer in the user account and when placing the order are considered correct by the seller.

2.3. Access to your user account is secured by your 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 authorized to allow third parties to use the user account.

2.5. The seller may delete the user account, especially if the buyer does not use his user account for a long time or if the buyer breaches his obligations under the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, in particular due to the necessary maintenance of the seller's hardware and software or the necessary maintenance of third-party hardware and software.

3. Conclusion of a purchase and sale agreement

3.1. All presentations of goods placed on the store's website are informative and the seller is not obliged to conclude a purchase contract with respect to these goods. The provision of Art. 1732 sec. 2 of the Civil Code does not apply.

3.2. The store's website contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of VAT and all related fees. The prices of the goods are valid for the time they are displayed on the store's website. This provision does not limit the seller's ability to conclude a purchase and sale agreement on individually agreed terms.

3.3. The store's website also contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods provided on the store's website is valid only if the goods are delivered to the territory of the Czech Republic.

3.4. To order goods, the buyer fills in the order form on the store's website. The order form contains primarily information about:

• 3.4.1. ordered goods (the ordered goods are "put" by the buyer into an electronic basket on the store's website),
• 3.4.2. method of payment of the price of the purchased goods, information on the required method of delivery of the ordered goods, and
• 3.4.3. about the costs related to the delivery of goods (hereinafter jointly referred to as the "order").

3.5. Before sending the order to the seller, the buyer has the opportunity to check and change the data that the buyer provided in the order, and if the buyer detects errors that occurred when entering the data into the order, the opportunity to correct them. The buyer sends the order to the seller by clicking the "SEND ORDER" button. The data provided in the order are considered correct by the Seller.

3.6. Sending the order by the buyer is considered to be an action that uniquely identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price and is a binding draft of the purchase contract. The condition for the validity of the order is filling in all mandatory data in the order form, reading these regulations on the website and confirming by the buyer that he has read these regulations.

3.7. Immediately after receiving the order, the seller will confirm receipt of the order to the buyer by e-mail, to the e-mail address of the buyer specified in the user account or in the order (hereinafter referred to as "buyer's e-mail").

3.8. 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).

3.9. The draft purchase contract in the form of an order is valid for fifteen days.

3.10. The verbal relationship between the seller and the buyer is established by the acceptance of the order, which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

3.11. In the event that the seller is unable to meet any of the requirements specified in the order, he will send the buyer to the buyer's e-mail address a revised offer indicating possible order options and ask the buyer for feedback.

3.12. The revised offer is considered for a new draft purchase contract, and the purchase contract in this case is concluded only after acceptance by the buyer via e-mail.

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

4. Price of goods and terms of payment

4.1. Order value and the costs associated with its delivery the buyer can cover according to the purchase protocol:

• 4.1.1. in cash, at the Seller's company address;
• 4.1.2. in cash on delivery, at the address mentioned by the buyer in the order form;
• 4.1.3. non-cash transfer to the seller's account no. 2201536935/2010 for CZK, 2401536956/2010 for EUR or 2401536956/2010 for PLN (hereinafter "seller's account");
• 4.1.4. non-cash through the payment gateway;

4.2. With the payment for the purchase of goods, the buyer is also obliged to cover the seller's costs related to packaging and delivery of goods in the agreed amount. Unless stated otherwise, the price also includes the costs associated with the delivery of the goods.

4.3. The seller can’t charge the buyer with deposit or other costs. It does not violate Art. 4 sec. 6 of the regulations regarding payment in advance.

4.4. In the case of payment in cash or cash on delivery, the payment is collected at the time of receipt of the goods. In the case of non-cash payment, the buyer has to pay the order value within 7 days of concluding the purchase contract.

4.5. In the case of payment by bank transfer, the buyer is required to pay a fee with the indication of the payment title. In the case of payment by bank transfer, the buyer's account is confirmed when the amount is credited to the seller's account.

4.6. The seller has the right, in case the buyer does not bring additional confirmation of the order (Article 3.6), to demand full payment before sending the goods to the buyer. Art. 2119 sec. 1 of the Civil Code will not be determined.

4.7. The discounts given to buyer by seller are non-linked.

4.8. If it is customary in the course of trade or if it is stipulated by the law itself, the seller will issue the buyer with a tax document - an invoice - corresponding to the amount of payments made under the purchase contract. The seller pays VAT. Tax document - invoice, the seller will issue to the buyer after paying the fee and send it in electronic form to the buyer's e-mail address.

5. Withdrawal from the purchase and sale agreement

5.1. Pursuant to § 1837 of the Civil Code, it is not possible to withdraw from the purchase and sale contract, e.g. in case of:

• 5.1.1. if the value of the property has decreased from the date the contract was breached the buyer has to pay the difference
• 5.1.2. alcoholic beverages that can be delivered only after thirty days and whose price depends on market fluctuation from the content provider,
• 5.1.3. which have been defined in accordance with the wishes of the buyer or his individual needs
• 5.1.4. perishable items, as well as items that after delivery were described as inseparably connected with other items,
• 5.1.5. goods in a closed package, which the buyer has removed from the packaging and for hygienic reasons it is not possible to return it,
• 5.1.6. sound or visual records or computer programs if their original packaging has been damaged,
• 5.1.7. newspapers, periodicals or magazines,
• 5.1.8. the content of the digital files, if it has not been delivered on physical carrier and if the buyer benefits from it before the usual withdrawal period and after he received the receipt of losing the right of withdrawal.

5.2. Unless this is the case of the court in Article 5.1 or any other case in which the purchase contract cannot be withdrawn, the buyer has the right to withdraw from the purchase contract within fourteen (14) days in accordance with the provisions of § 1829 1 of the Civil Code, with in the case of consideration of the purchase contract, there are several types of goods or delivery of several parts, this period starts from the date of receipt of the last part of the order. Withdrawal from the purchase contract must be extended to the seller within a certain specified period.

5.3. In order to withdraw from the purchase contract, the buyer may use the model of service provision by the seller, which is applicable to the regulations. The buyer may withdraw from the purchase contract, inter alia, to the address of the place of business or the seller's business. Delivery of withdrawal from the contract shall be subject to the provisions of art. 11 of the regulations.

5.4. In the case of withdrawal from the purchase contract in accordance with Art. 5.2 of the legal provisions, the purchase contract is fully cancelled. The goods must be handed over to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if due to their nature cannot be returned by ordinary post.

5.5. In the case of withdrawal from the contract in accordance with art. 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of the withdrawal from the purchase contract by the buyer in the same way as the seller received them from the buyer. The seller is also entitled to return the service provided by the buyer when returning the goods by the buyer or otherwise, if the buyer agrees and does not incur any additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer until the buyer returns the goods to him or proves that he sent the goods to the seller.

5.6. The seller has the right to unilaterally set off the claim for payment of damage caused to the goods with the buyer's claim for reimbursement of the purchase value.

5.7. Until the goods are taken over by the buyer, the seller has the right to withdraw from the purchase contract at any time. In this case, the seller will return the purchase value of the goods to the buyer without undue delay, by transfer to the account indicated by the buyer.

5.8. If the buyer receives a gift together with the goods, the gift contract between the seller and the buyer is concluded with the breaking condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift is not valid anymore and the buyer is obliged to return the goods to the seller together with the gift.

6. Transportation and delivery of goods

6.1. When the transport is ordered at the special request of the buyer, the risk and any additional costs bears the buyer.

6.2. If, in accordance with the purchase contract, the seller is obliged to deliver the goods to the place indicated by the buyer in the order, the buyer is obliged to collect the goods at the time of delivery.

6.3. If, for reasons attributable to the buyer, it is necessary to deliver the goods again or to deliver them in a different way than specified in the order, the buyer is obliged to cover the costs related to the repeated delivery of the goods or the costs associated with another delivery method.

6.4. When collecting the goods from the carrier, the buyer is obliged to check the integrity of the package of the goods, and in case of any defects, to notify the carrier immediately. In the case of a breach of the packaging indicating unauthorized interference with the shipment, the buyer does not have to collect the shipment from the carrier.

Are you planning to order goods with payment on delivery, but in case you change your mind, you just won't pick it up?

BE CAREFUL IN THIS CASE!

First, check out legal principles:

Let us quote § 2118 of Act No. 89/2012 Coll.:

LEGAL OBLIGATIONS

Buyer Responsibilities

• 2118

"The buyer pays for the purchase of the goods and takes possession of the item."

By not collecting the parcel, you have violated the above-mentioned law!

You will receive information from our online store and from the selected carrier that the goods have been handed over to the carrier, and then that you can pick them up at the pick-up point.

Now there are 2 possibilities:

1. You want to obtain your order:

We will resend the goods. But only when you will pay in advance (bank transfer). Compensation for missed standard mail and a new selected postage will be added to the order price.

2. You resign from the order:

Here the situation is a bit more complicated. The fact that you have not accepted the shipment does not mean that you have canceled it or withdrawn from the purchase contract. This only means that you have grossly breached the purchase contract in accordance with § 2118 para. 1 of Act No. 89/2012 Coll. of the Civil Code (new).

At the time of sending the order, its acceptance and confirmation by our online store, a fully valid purchase contract has been concluded in accordance with our terms and conditions, which you agreed to in the last step before sending the order, in accordance with the applicable law of the Czech Republic.

Our store has not recorded any request from you to change or cancel the order before the goods have been shipped, or before the final collection date at the delivery point of your choice.

In accordance with the law, our store is entitled to reimbursement of shipping and packaging costs from the buyer, i.e. from you. This compensation is legally enforceable because you have breached the purchase contract by not taking delivery of the goods. Compensation for missed shipment is set at 300 Kč/package. If it is a product with a personalized label - wedding, company, dedication or wishes included in the purchase notes, the compensation for failure to collect the parcel is 500 Kč.

Therefore, in such situations, providing our transfer details. we will ask you to make the payment for the compensation as soon as possible – by doing it you will avoid complications.

Why are we taking these precautions? We have a family business, we are husband and wife, beekeepers, parents of children. We do our work carefully, manually and with love, we build everything from scratch and it is not in our power to "subsidize" unreliable customers. Customers do not take into account the fact that we will pay for the shipment, we will also pay for the carrier to send the shipment back to us. One shipment will cost us from 100-250, depending on the dimensions and tariff of the carrier. With ten packages, it's already 1000-2500, - for which we can make our children happy or buy part of a new hive. We introduced this solution only because of unreliable customers, but we hope that we will not have to use it.

7. Rights due to defective performance of the order

7.1. The rights and obligations of the parties arising from defective performance of the order are governed by the relevant generally applicable provisions (§ 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).

7.2. The seller is responsible to the buyer that the goods are free from defects upon receipt. The seller is liable to the buyer for the fact that at the time of taking over the goods by the buyer:

• 7.2.1. the goods have properties agreed upon by the parties, and in the absence of a contract, have properties that the seller or manufacturer described or which the buyer expected due to the nature of the goods and based on their advertising,
• 7.2.2. the goods are suitable for the use specified by the seller, or for which such products are usually used,
• 7.2.3. the quality and workmanship of the goods corresponds to the ordered sample or model, if the quality and workmanship has been agreed based on the ordered sample or pattern,
• 7.2.4. is a commodity in the appropriate quantity, measure or weight
• 7.2.5. the goods meet the requirements of the law.

7.3. The provisions contained in art. 7 sec. 2 of the regulations do not apply to goods sold at a lower price, to goods with a defect for which a lower price was agreed, to wear of goods caused by their normal use, in the case of a game, used goods have a defect corresponding to the degree of use or wear that the goods had at the time of their use. receipt by the buyer, or if it results from the nature of the goods.

7.4. If the defect becomes apparent within six months of receipt of the goods, the goods are deemed to have already been defective at the time of receipt.

7.5. Rights due to improper performance are reported by the buyer at the address of the seller's registered office, where it is possible to consider a complaint regarding the goods sold, possibly also at the address of the registered office or place of business. The time of considering the complaint is counted from the moment the seller receives the advertised goods from the buyer.

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 parties to the contract

8.1. The buyer acquires the couple to ownership of the goods, making the full payment of the value of the purchased goods

8.2. The seller is not bound to the buyer by any codes of conduct within the meaning of § 1826 para. 1 lit. e) of the Civil Code.

8.3. Out-of-court consideration of consumer complaints is carried out by the seller via an email address. The seller will send information on how to handle the buyer's complaint to the buyer's e-mail address.

8.4. The seller is entitled to sell goods on the basis of a business activity permit. Trade inspection is carried out by the competent trade office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a certain extent, supervises, inter alia, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.5. The Buyer hereby assumes the risk of changing circumstances resulting from § 1765 para. 2 of the Civil Code.

9. Protection of personal data

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

9.2. The buyer agrees to the processing of his personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number (hereinafter jointly referred to as "personal data").

9.3. The buyer agrees to the processing of personal data by the seller in order to implement the rights and obligations arising from the purchase contract and to maintain the user account. Unless the buyer chooses another option, he consents to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in full in accordance with this article is not a condition that would in itself prevent the conclusion of a purchase contract.

9.4. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully (during registration, in his user account, when placing an order in the online store) and that he is obliged to inform the seller without undue delay about the change of his personal data.

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

9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the personal data provided is true and that he has been informed that it is a voluntary provision of personal data.

9.8. In the event that the buyer believes that the seller or processor (Article 9.5) processes his personal data in violation of the protection of the buyer's private and personal life, or in violation of the law, in particular if the personal data is inaccurate in relation to the purpose of their processing , Maybe:

• 9.8.1. ask the seller or processor for clarification,
• 9.8.2. require the seller or processor to remove the resulting condition.

9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. For providing this information, the seller has the right to demand payment not exceeding the costs necessary to provide the information referred to in the previous sentence.

10. Sending commercial messages and saving cookies

10.1. The buyer agrees to send information related to the seller's goods, services or activities to the buyer's e-mail address, and consents to the seller sending commercial messages to the buyer's e-mail address.

10.2. The buyer agrees to store on his computer the so-called. cookies. In the case that it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing the so-called cookies on the buyer's computer, the buyer may revoke consent according to the previous sentence at any time.

11. Delivery of correspondence

11.1. Notifications regarding the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by registered mail, unless the purchase contract provides otherwise. Notices will be delivered to the other party's appropriate contact address and will be deemed given and effective upon delivery by post, except for notices of withdrawal from the contract by the buyer, in which case the withdrawal is effective if the notice is sent by the buyer within the specified withdrawal period from the contract.

11.2. Notices which the addressee has refused to accept, which have not been received within a reasonable period of time, or which have been returned as undeliverable are also deemed to have been served.

11.3. The parties to the contract may exchange regular correspondence via e-mail, to the e-mail address indicated in the buyer's user account, the address indicated by the buyer in the order, or to the address provided on the seller's website.

12. Final Provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that this relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally applicable laws.

12.2. If any of the provisions of the regulations proves to be invalid or ineffective, or turns out to be so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Changes and additions to the purchase contract or the regulations require a written form.

12.3. The purchase contract together with the regulations is archived by the seller in electronic form and is not available.

12.4. Seller's contact details:

Vcelí banka s.r.o.

IČ 07641231 DIČ CZ07641231

Závada 71, Petrovice u Karviné, 73572

 

dominika@vcelibanka.cz

+420 729 108 186