Terms and Conditions

Introductory provisions - definitions

Seller: MgA., BcA. Štěpán Kotouč, IČO: 88876209, with its registered office at Lipenská 943, Prague 4 Hrnčíře, 14900. I am not a VAT payer.
Buyer: The Buyer is a person who is fully independent or a legal person to whom the Seller provides the Goods (as defined below) on the basis of the Contract (as defined below). A person who has reached the age of 18 (unless he or she has been granted jurisdiction by a court in accordance with the provisions of Section 37 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as “Trademark Law”) or has not entered into a marriage is considered self-sufficient, thereby acquiring self-determination according to the provisions of § 30 of the Civil Code) and is fully self-governing in the sense of OZ (i.e. the self-sufficiency of such a natural person is not limited and his intellectual and free maturity reaches the intellectual and free maturity of the adult age), a citizen of the Czech Republic, then he must be fully independent in accordance with the law of the state of which he is a citizen.
Consumer: a person who is a Buyer and acts outside the scope of his business activity or outside the scope of independent performance of his profession, in the sense of the provisions of § 419 of the Civil Code.
Goods: Goods are things that the Seller presents for sale to the Seller through the E-shop (as defined below) as part of the performance of the subject of its business activities, and which it sells to the Buyer on the basis of the Contract.
Contract: An obligation between the Seller and the Buyer, on the basis of which the Seller transfers ownership of the Goods to the Buyer. The obligation under the Agreement is governed by these Terms and Conditions (as defined below). In the event of a conflict between the regulation of rights and obligations in the Contract and the Business Conditions (as defined below), the provisions in the Contract shall prevail.
E-shop: An online store through which it presents goods for sale. The e-shop is located on this Website.
Terms and Conditions: these general terms and conditions issued by the Seller, which are located on this Website. The Business Terms and Conditions govern the rights and obligations of the Seller and the Buyer under the Contract. Business conditions are business conditions in the sense of § 1751 par. 1 of the Civil Code (Czech Republic), which are known to the contracting parties. The business conditions are binding for each contractual relationship on the basis of which the Seller sells the Goods to the Buyer. The current Business Terms and Conditions are the Complaints Procedure governing the rights and obligations of the Buyer in the event of a complaint about the Goods.
Website: the website operated by the Seller at https://Gondarika.com.
Order: The Buyer's proposal to the Seller to conclude the Contract.
Form: The form placed on the Website intended for the Order of Goods.
User Account: A user interface made available to the Buyer, which contains his identification and contact details, in order to make it easier to order the Goods.

 

Conclusion of the purchase contract

By accessing the Website, the Buyer has the E-shop for a preview of the offered Goods. The goods are sorted in the E-shop according to individual categories. In detail, for each type of Goods, its brand is indicated; specifications; parameters; Price without VAT; Price with VAT; a discount, if provided for a specific Goods; and availability of Goods; the price of the packaging of the Goods, which will be charged to the Buyer in the event of the purchase of the Goods. The Seller is not obliged to enter into an Agreement regarding the Goods listed in the E-shop.
The Buyer selects the Goods he is interested in purchasing and, in the manner specified in the E-shop, inserts the selected Goods into the electronic "basket".
If a discount from its original price is stated for a specific Goods, the price of the Goods after the discount applies. Multiple discounts on individual Goods cannot be combined with each other.
The procedure leading to the Order is multi-level and is implemented through the Form, where the Buyer selects the method of delivery of the Goods and fills in his contact details. In the next step, the Buyer agrees with these Terms and Conditions and has the opportunity to check and change the entered data. By sending the Form in accordance with the procedure specified therein, the Buyer shall place the Order. By placing an Order in accordance with the previous sentence, the Buyer agrees to the use of means of electronic communication when concluding the Contract.
By sending the Order, it is immediately marked in the internal system of the Seller, which confirms the Order by sending an e-mail to the e-mail address of the Buyer, which was specified by the Buyer as a contact e-mail in the Form. Delivery of the confirmation e-mail to the Buyer by the Seller concludes the Contract.
By concluding the Contract, the Seller undertakes to deliver to the Buyer the Goods specified in the Order, in the manner chosen by the Buyer, and the Buyer undertakes to pay the price of the Goods in the manner chosen by the Order.
The transfer of ownership of the Goods to the Goods under the Contract occurs only upon full payment of the purchase price, including the costs of transport and packaging of the Goods, and at the same time by handing over the Goods, whichever occurs later. When paying for the Goods, the Buyer follows the instructions of the Seller.
The Seller is entitled to request from the Buyer before concluding the Contract by telephone or electronic communication additional information for the Order.
In connection with the payment for the Goods, the Seller shall issue an invoice to the Buyer for the payment of the purchase price for the specific Goods on the basis of the Contract. The Seller shall issue an invoice to the Buyer after payment of the price of the Goods and send it in electronic form to the Buyer's e-mail address.

 

User account registration

The Buyer is also entitled to register with the Seller by opening a User Account, via the Form.
To establish a User Account, the Buyer shall fill in the necessary identification data in the manner described on the Website, give consent to the processing of personal data and send a request to establish a User Account by sending the completed Form.
Access to the User Account is password protected. The Buyer is obliged not to disclose the password to his User Account to a third party, nor to allow any third party to obtain it from a third party.
User account is optional. Failure to open a User Account is not an obstacle for sending the Order and concluding the Agreement. The Seller recommends the establishment of a User Account in the event that the Buyer makes repeated Orders of Goods.
The User Account contains the Buyer's identification data. In the event that the Order is placed by the Buyer with a User Account, the Seller shall use the Buyer's identification data specified in the User Account.
The Buyer undertakes to continuously update the data in the User Account. At the same time, the Buyer declares that his data stated in the User Account are complete and true. The Seller shall not be liable for any damages incurred as a result of a breach of the Buyer's declaration pursuant to the preceding sentences.

 

Delivery of Goods

The place of delivery of the Goods is the Buyer's address stated in the Order, unless otherwise stated in the Order.
The Seller shall deliver the Goods to the Buyer no later than 15 days from the confirmation of the Order, unless there is another deadline for delivery for a certain Goods or mode of transport.
If the Goods are marked "in stock", the Seller will send the Goods within 4 working days (usualy sooner), from the confirmation of the Order.
The Buyer is obliged to take over the Goods. If the Goods have been sent to be paid with cash on delivery, he is obliged to pay for and accept the Goods.
If the Buyer does not take over the purchased Goods within the agreed time (usualy if it is returned by the delivery company), he is obliged to pay the costs related to the delivery of the Goods.
In case of electronic products, links for them will be sent to the email after verification of payment. 

Special conditions when concluding a Contract with the Consumer
The provisions of this article shall apply only if the Buyer is a Consumer.
The Seller informs the Consumer that:
The Contract is archived by the Seller in electronic form and is not accessible;
Information on individual technical steps leading to the conclusion of the Contract is evident from these Business Conditions (Article 2), where the process is described;
The contract can be concluded only in the Czech and English language;
The Consumer shall bear his own costs for the use of means of electronic communication in connection with the conclusion of the Contract.
In relation to the Consumer, the Seller is not bound by any codes of conduct in the sense of the provisions of § 1826 letter e) OZ.
The Buyer declares that before concluding the Contract the Seller was allowed to check the input data and change them until the moment of placing the Order in the sense of § 1826 paragraph 3 of the Civil Code.
The Buyer has the right to withdraw from the Contract within 14 days of receiving the purchased Goods pursuant to § 1829 para. 1 of the Trademark Law unless specified in Goods description otherwise (according to Czech Law, this could only be prolonged). The form for withdrawal from the Contract is attached to this text.
If the Buyer withdraws from the contract, he shall send or personally return the purchased Goods to the Seller within 14 days of receipt of the Goods.
If the Buyer withdraws from the contract, the Seller shall return to him within 14 days the amount of money paid by the Buyer when purchasing the Goods, including the cost of delivery of the Goods. The amount of money will be returned by non-cash transfer to the Buyer's account or by postal order.
All costs incurred by the Buyer in connection with the return of the Goods shall be covered in full by the Buyer.
The Buyer is responsible to the Seller for reducing the monetary value of the purchased Goods in connection with improper handling of the Goods.

 

Rights and obligations from defective performance

If the Accepted Goods are defective (e.g. do not have the agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are not complete, do not correspond to its quantity, measure, weight or quality, does not correspond to other legal, contractual or pre-contractual parameters), it is defects Goods for which the Seller is responsible.
The Seller is not obliged to comply with the Buyer's claim if he proves that the Buyer knew about the defect of the Goods before taking over or caused it himself.
The Seller undertakes that the purchased Goods will have the specified properties for a certain period of time and will be usable for the specified purpose.
If the Buyer is a Consumer, the Seller is liable for defects arising after receipt of the Goods within the period with accordance with Czech Law.
The warranty period runs from the delivery of the Goods to the Buyer.
The buyer accepts that, for example, the clothing is gradually undergoing normal wear and tear.  


 

Protection of personal data and cookies

The Buyer acknowledges and agrees that the Website may use so-called "cookies" to optimize its functionality and personalize its interface. Cookies allow you to record information about the Buyer's visit and his preferences. Third party cookies (e.g. cookies of advertising system operators) may also be used within the operation of the Website. The buyer has the option to block the storage of cookies in his browser. However, the Buyer acknowledges that blocking the possibility of storing cookies may affect the operation of certain functions on the Website that require their support.
GDPR - The Seller is the administrator of the Buyer's personal data specified in the Order of Goods in the sense of Act no. No. 101/2000 Coll. on the protection of personal data and on the amendment of certain laws, as amended. The seller declares that he is a controller of personal data within the meaning of Article 4 (7) of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Directive 95/46 / EC (General Regulation on the protection of personal data; hereinafter "the Regulation").
The Seller declares and the Buyer, who is reffered here as "Data Subject", acknowledges that from the conclusion of the Contract, the Seller will be eligible for the purposes of performance of the Contract, within the meaning of Article 6 para. b) Regulation, to process personal data of the Buyer to the following extent:
Name and surname
Telephone number
E-mail adress
Residence
Personal data will be processed automatically or manually in electronic or written form (e.g. package label). The Seller will not provide or in any way make the obtained personal data available to a third party without the Buyer's consent.
The Seller shall submit the following data to the Data Subject in accordance with Article 13 (1) of the Regulation:
identity of the Seller, as the administrator of personal data: Štěpán Kotouč, e-mail: stepankotouc@gmail.com tel: +420777116640
The Seller processes for the purposes of performance of the Contract and in this connection the identification of the Data Subject, invoicing, delivery of Goods, and the legal basis for processing is Article 6, paragraph 1, letter b) Regulation,
The Seller will process the personal data of the Data Subject for the duration of the Contract,
The data subject is entitled to request access to his personal data, their correction or deletion, or restrictions on processing, as well as the right to data portability (for more details see below),
The data subject has the right to lodge a complaint with the Office for Personal Data Protection,
The data subject acknowledges that the provision of personal data is a legal requirement within the meaning of Article 6 (1) (a). b) Regulation.
The Seller facilitates the exercise of the right of Data Subjects arising from the Regulation. The Seller shall provide information on the measures taken for the Data Subject's requests without undue delay and in any case within one month of receiving the request. This period may be extended by the Seller for another two months, if necessary and with regard to the complexity and number of applications. The Seller shall inform the Data Subject of any such extension within one month of receipt of the request, together with the reasons for such postponement. If the Data Subject submits the request in electronic form, the Seller shall provide the information in electronic form, if possible, unless the Data Subject requests another method.
If the Seller does not take action on the relevant request of the Data Subject, then it shall immediately inform the Data Subject and, within one month from the receipt of the relevant request, notify the Data Subject of the reasons for not taking action. In such a case, the data subject is entitled to file a complaint with the Office for Personal Data Protection and to file a petition with the competent court.
All information and actions are provided and performed by the Seller free of charge, except in cases where requests submitted by the Data Subject are manifestly unfounded or disproportionate, especially because they are repeated, then the Seller is entitled to either impose an administrative fee to pay the Data Subject or refuse to comply. The fee will be set at an amount that takes into account the administrative costs associated with providing the required information or communication or performing the required actions.
Should the Seller have reasonable doubts about the identity of the Data Subject, he is entitled to request from the Data Subject the addition of additional information necessary to confirm the identity of the Data Subject.
Any person, including the Data Subject, has the right to obtain confirmation from the Seller whether or not the personal data concerning him are processed and, if so, he has the right to gain access to this personal data and to the following:

processing purposes,
the category of personal data concerned,
the recipients or categories of recipients to whom the personal data have been or will be disclosed,
the planned period for which the personal data will be stored or, if this cannot be determined, the criteria used to determine this period,
if the Seller processes personal data, then the Data Subject has the right as a Data Subject, paragraph 8.5.4. and 8.5.5. Business conditions.
The Seller is obliged to provide a copy of the processed personal data, if requested by the Data Subject. He is entitled to charge a reasonable fee for additional copies based on administrative costs.
The Data Subject has the right to request the Seller to correct inaccurate or missing personal data concerning him without undue delay.
The Data Subject has the right to request the Seller to delete his personal data. The Seller is obliged to do so if the conditions under Article 17 (1) of the Regulation are met.
The Data Subject has the right to request the Seller to restrict the processing of his personal data. The seller is obliged to do so if the conditions under Article 18 (1) of the Regulation are met.
In the event of a breach of personal data security and if this case of breach will result in a high risk to the rights and freedoms of Data Subject, the Seller shall notify the Data Subject of this breach without undue delay.

 

Final Provisions

Business conditions are an integral part of the Agreement.
By concluding the Contract, the Buyer confirms that he has read all the provisions of the Business Conditions and agrees with them.
In accordance with the provisions of § 1752 par. 1 of the Civil Code, the Seller reserves the right to change the wording of these Business Conditions at any time to a reasonable extent. The Buyer is bound by the Business Conditions effective at the time of concluding the Purchase Agreement. If the Buyer does not agree with the change made, he is entitled to withdraw from the Business Conditions within thirty (30) days from the moment of notification of the changes in question to the Buyer. In the event that the Buyer does not deliver to the Seller within 30 days from the notification of the change the withdrawal from the Business Conditions due to non-acceptance of the changes, this is considered to be the Buyer's consent to their new wording.
The information about the Goods and the price stated on the Website are binding, except for obvious error.
Relationships not regulated by these Business Conditions are governed by the provisions of the Czech Law.
The agreements between the Buyer and the Seller in the Contract take precedence over the provisions in these Business Conditions.
If one provision of these Terms and Conditions is found to be invalid or illegal, it does not affect the validity of the other provisions.

In Prague, on 24.12., 2021

Štěpán Kotouč


MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT:

Notice of withdrawal from the contract
I declare that I hereby withdraw from the contract for the purchase of the following goods:
.................................................. .................................................. ....................................

Date of ordering the goods:
.................................................. .................................................. ....................................

Name and surname of the Buyer:
.................................................. .................................................. ....................................

Buyer's address:
.................................................. .................................................. ....................................

Order Number:
.................................................. .................................................. ....................................

Sales document number (if applicable):
.................................................. .................................................. ....................................

The purchase price is to be returned by non-cash transfer to the bank account number (or via other agreed channels):
................................................ /. .......................


Signature of the Buyer (only if this form is sent in paper form):
.................................................. .................................................. ....................................

Date: ................................................ .........

 
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