Terms & Conditions
PRECOFERT s.r.o.
with registered office at Pod Barvířkou 3348/11, Smíchov, 150 00 Prague
identification number: 08097232
for the sale of goods through an online store located at the website precoinvest.cz
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the company PRECOFERT s.r.o. with identification number: 08097232, with a place of business at Pod Barvířkou 3348/11, Smíchov, 150 00 Prague (hereinafter referred to as the “Seller”) regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), 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 operated on the website located at www.higarden.cz (hereinafter referred to as the “Website”) through the Website’s interface (hereinafter referred to as the “Online Store”).
1.2. These Terms and Conditions do not apply to cases where a 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 or in the exercise of their profession.
1.3. Deviations from these Terms and Conditions can be agreed upon in the Purchase Contract. Deviations in the Purchase Contract take precedence over the provisions of these Terms and Conditions.
1.4. These Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are prepared in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5. The wording of these Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of these Terms and Conditions.
2. USER ACCOUNT
2.1. Based on registration on the Website, the Buyer can access their user interface. The Buyer can place orders for goods from their user interface (hereinafter referred to as the “User Account”). If the Online Store allows it, the Buyer can also place orders for goods directly from the Online Store interface without registration.
2.2. When registering on the Website and when ordering goods, the Buyer is required to provide accurate and truthful information. The information provided 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 their User Account.
2.4. The Buyer is not authorized to allow third parties to use their User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for an extended period or if the Buyer breaches their obligations under the Purchase Contract (including these 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 the hardware and software equipment of third parties.
3. CONCLUSION OF PURCHASE CONTRACT
3.1. All product presentations placed on the Website are for informational purposes, and the Seller is not obliged to conclude a Purchase Contract regarding these products. The provisions of Section 1732(2) of the Civil Code do not apply.
3.2. The Online Store interface contains information about the goods, including the prices of individual goods. The prices of the 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 Online Store interface. This provision does not affect the Seller’s ability to enter into a Purchase Contract under individually negotiated terms.
3.3. The Online Store interface also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the Online Store interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer will complete an order form in the Online Store interface. The order form includes, in particular, information about:
3.4.1. the ordered goods (the ordered goods are placed by the Buyer in the electronic shopping cart of the Online Store interface),
3.4.2. the method of payment of the purchase price of the goods, details of the desired method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, even 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 “Order” button. The data listed in the order are considered correct by the Seller. Immediately upon receiving the Order, the Seller will confirm the receipt of the Order to the Buyer by email to the Buyer’s email address specified in the User Account or in the order (hereinafter referred to as the “Buyer’s Email Address”).
3.6. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g., in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order, which is sent to the Buyer by email to the Buyer’s Email Address.
3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) are paid by the Buyer, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of the goods according to the Purchase Contract, the Buyer can pay to the Seller using the following methods:
4.1.1. cashless using a payment card via the payment gateway of XYZ Bank a.s.,
4.1.2. cashless via the GoPay payment gateway,
4.1.3. by using another payment method provided in the Online Store interface.
4.2. Together with the purchase price, the Buyer is 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 includes the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the respective amount is credited to the Seller’s account.
4.5. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.
4.6. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.7. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document – an invoice regarding payments made by the Buyer based on the Purchase Contract. The Seller is a payer of value-added tax. The tax document – the invoice will be issued by the Seller to the Buyer after the price of the goods and will be sent electronically to the Buyer’s email address.
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, among other things, to withdraw from the Purchase Contract for the supply of goods that have been modified according to the Buyer’s wishes or for their person, as well as goods subject to rapid deterioration, wear, or obsolescence.
5.2. If this is not the case according to Article 5.1 or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code, within fourteen (14) days from the receipt of the goods. In the event that the subject of the Purchase Contract is the delivery of several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence.
5.3. To withdraw from the Purchase Contract, the Buyer may use the template withdrawal form provided by the Seller, which forms an appendix to these Terms and Conditions. Withdrawal from the Purchase Contract may be sent by the Buyer to the address of the Seller’s office or to the Seller’s email address. The Buyer is obliged to send the withdrawal from the Purchase Contract to the Seller within the period specified in Article 5.2 of these Terms and Conditions.
5.4. In the event of withdrawal from the Purchase Contract under Article 5.2 of these Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the Purchase Contract by the Buyer 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 if the goods cannot be returned by their usual postal route due to their nature.
5.5. In the event of withdrawal from the Purchase Contract under Article 5.2 of these Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from 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 performance provided by the Buyer when returning the goods or otherwise, if the Buyer agrees and the Buyer does not incur additional costs. 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 or proves that the goods have been sent to the Seller.
5.6. The Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the Buyer’s right to a refund of the purchase price.
5.7. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller will return the purchase price to the Buyer without undue delay, by a bank transfer to an account designated by the Buyer.
5.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the resolutory condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such gift will cease to be effective, and the Buyer is obliged to return the provided gift together with the goods to the Seller.
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 according to the Purchase Contract, the Buyer is obliged to take over the goods upon delivery.
6.3. If it is necessary due to the Buyer’s failure to provide cooperation in the delivery of the goods, the Buyer is obliged to pay the costs associated with the repeat delivery of the goods or other costs associated with the repeated delivery.
6.4. Upon 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 without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, the Buyer does not have to take over the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by special delivery terms of the Seller if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights of 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).
7.2. The Seller is liable to the Buyer that the goods are free of defects upon takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:
7.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and based on the Seller’s advertising,
7.2.2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are in an appropriate quantity, measure, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions specified in Article 7.2 of these Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by its common use, to 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 it follows from the nature of the goods.
7.4. If a defect becomes apparent within six (6) months of receipt, the goods are deemed to have been defective already upon receipt.
7.5. The Buyer exercises his rights from defective performance at the Seller’s mailing address, 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 moment of claiming the complaint is considered to be the moment when the Seller received the claimed goods from the Buyer.
7.6. Further rights and obligations of the parties related to the Seller’s liability for defects can be regulated by the Seller’s complaint policy.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires ownership of the goods by paying the entire 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(1)(e) of the Civil Code.
8.3. Out-of-court settlement of consumer disputes from the Purchase Contract is entrusted to the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the Purchase Contract.
8.4. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution in consumer disputes).
8.5 The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. DATA PROTECTION
9.1. The protection of the personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on Personal Data Protection, as amended.
9.2. The Buyer agrees to the processing of their personal data, including: name and surname, residential address, identification number, tax identification number, email address, telephone number, and all together referred to as ‘personal data.’
9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of fulfilling the rights and obligations under the purchase contract and for the purpose of managing the user account. Unless the Buyer chooses another option, they also agree to the processing of personal data by the Seller for the purpose of sending information and commercial messages to the Buyer. Consent to the processing of personal data to the extent described in this article is not a condition that would, by itself, prevent the conclusion of a purchase contract.
9.4. The Buyer acknowledges that they are obliged to provide their personal data (during registration, in their user account, when placing an order through the web interface of the store) correctly and truthfully and that they are obliged to inform the Seller without undue delay of any changes in their personal data.
9.5. The processing of the Buyer’s personal data may be entrusted to a third party by the Seller as the processor. Personal data will not be transferred to third parties by the Seller without the prior consent of the Buyer, except for persons delivering the goods.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the provided personal data are accurate and that they have been informed that providing personal data is voluntary.
9.8. If the Buyer believes that the Seller or the processor (clause 9.5) is processing their personal data in violation of the protection of their private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, they may:
9.8.1. Request an explanation from the Seller or the processor.
9.8.2. Request that the Seller or the processor rectify the situation.
9.9. If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to request reasonable compensation not exceeding the costs necessary to provide the information.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees to receive information related to goods, services, or the Seller’s business to their email address and further agrees to receive commercial communications from the Seller to their email address.
10.2. The Buyer agrees to the storage of so-called ‘cookies’ on their computer. If it is possible to make a purchase on the website and fulfill the Seller’s obligations under the purchase contract without the storage of ‘cookies’ on the Buyer’s computer, the Buyer may revoke their consent at any time.
11. DELIVERY
11.1. Notifications regarding the relationship between the Seller and the Buyer, especially regarding the withdrawal from the purchase contract, must be delivered by mail in the form of a registered letter, unless otherwise specified in the purchase contract. Notifications are delivered to the respective contact address of the other party and are considered delivered and effective at the moment of their delivery by mail, except for notifications of withdrawal from the contract made by the Buyer, which are effective if the Buyer’s notification is sent within the withdrawal period.
11.2. Notifications that have been refused by the addressee, not collected during the storage period, or returned as undeliverable are also considered delivered.
11.3. The parties to the contract may mutually deliver routine correspondence via email to the email address provided in the Buyer’s user account or provided by the Buyer in the order, or to the address provided on the Seller’s website.
12.FINAL PROVISIONS
12.1. If a relationship established by a purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
12.2. If any provision of these terms and conditions is invalid or ineffective or becomes so, the provision that is as close as possible in meaning to the invalid provision shall take its place. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and amendments to the purchase contract or terms and conditions require a written form.
12.3. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
12.4. Contact details of the Seller: delivery address Pod Barvířkou 3348/11, Smíchov, 150 00 Prague, email address info@precofert.cz.
As of October 15, 2023