Terms and Conditions

1. Basic Information 

1.1. Seller: www.vykrajovacky.cz e-shop operator 

Smolík Cookie Cutters s.r.o.

ID No.: 28858778

VAT No.: CZ28858778

with its registered office at Svratouch 372, 539 42 Svratouch, Czech Republic

registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 31569

Telephone number:    +420 566 662 716 (Mo-Fri 6AM to 2PM)

Email:     smolik@vykrajovacky.cz

 

1.2. Customer

1.2.2.    A customer is a consumer who is also defined as a natural person acting outside their business activity, line of business, trade or profession. However, in the case of agreements with a dual purpose, an agreement concluded for the purpose partially classified within and partially outside the business activity of a given entity, and the business purpose of such activity is so peripheral that it does not predominate the overall transaction, such entity is also considered a consumer (hereinafter the “Customer”).

1.2.3.    The Customer provides the Seller with its personal data on a voluntary basis and gives consent to its processing in accordance with the Privacy Policy. The Customer provides only such data necessary for the performance of the business transaction. By submitting the order, the Customer confirms to have read and understood these Terms and Conditions.

2. Subject and Nature of Terms and Conditions

2.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) are issued in accordance with the provisions of Sec. 1751 et seq. of Act No. 89/2012 Sb., Civil Code, as amended (hereinafter the “Civil Code”), and form an integral part of all purchase agreements concluded between the Seller and the Customer (hereinafter the “Buyer”) via the e-shop, i.e., agreements concluded remotely outside of the business premises (hereinafter the “Purchase Agreement”).

2.2. The Terms and Conditions define the mutual rights and obligations of the parties arising from or based on the Purchase Agreement concluded via the e-shop and always remotely when the Buyer uses the website. The Terms and Conditions do not apply to situations when the Buyer, when concluding the Purchase Agreement, acts within its business activity or independent performance of its profession.

2.3. The Purchase Agreement and Terms and Conditions are executed in Czech, and their translations to other languages are for informative purposes only. 

3. User Account

3.1. Upon the Buyer’s registration on the website, the Buyer can access its user interface and order goods using such interface (hereinafter the “User Account”). The Buyer may also submit orders without registering on the website.

3.2. When registering on the website or ordering goods according to Article 3.1., the Buyer is obliged to provide accurate, complete and correct information required. The Buyer must always keep the information listed in the User Account up to date. The Buyer’s details listed in the User Account or provided upon ordering goods according to Article 3.1. are considered by the Seller to be correct and accurate.

3.3. The User Account is protected by username and password. The Buyer is obliged to maintain the confidentiality of information necessary to access the User Account and protect the password against disclosure, loss or breach, and the Buyer also acknowledges that the Seller is not liable in any way for violating this obligation on the part of the Buyer, especially for potential harm or loss arising therefrom to the Buyer. 

3.4. The Buyer is not allowed to grant access to its personal User Account to third parties.

3.5. The Buyer acknowledges and explicitly agrees that the Seller is entitled to close the Buyer’s User Account at any time, especially if the Buyer violates its obligations arising from the Purchase Agreement (incl. the Terms and Conditions).

3.6. The Buyer acknowledges that the User Account may not always be available and that the Seller is not liable for any website downtime.

4. Concluding Purchase Agreement

4.1. The e-shop website provides a list of goods offered by the Seller, including the price per item (incl. VAT and other taxes and fees). The price may then be increased by additional shipping charged in accordance with Article 7 hereof.

4.2. The display of goods listed on the website is not the Seller’s offer within the meaning of Sec. 1732 of the Civil Code but merely an incentive to make an offer and, therefore, the Seller is not obliged to conclude a Purchase Agreement regarding such goods. This is without prejudice to the Seller’s right to conclude a Purchase Agreement with the Buyer under specific circumstances. The Buyer acknowledges that the Seller is not obliged to conclude the Agreement, especially with persons who have previously grossly violated their obligations related to the Seller, mainly by repeatedly failing to take over or pay for the goods.

4.3. The goods, including their price, are available only for the time it is displayed on the e-shop website. If the ordered goods are not available or deliverable and are out of production, the Seller will immediately notify the Buyer thereof and of the following steps; the Seller is also entitled to cancel the Buyer’s order if the Seller is out of stock or unable to deliver the goods.

4.4. Before submitting the order to the Seller, the Buyer will be able to check and confirm the information the Buyer filled in the order and identify and rectify any mistakes that occurred when filling in the order information. The Buyer may cancel or edit the order after its submission by telephone or email until the order preparation commences. This is without prejudice to the right of withdrawal from the Purchase Agreement under Article 6.

4.6. The minimum amount per single order is CZK 500 or the equivalent amount in EUR or other currency; an order of a lower than the minimum amount cannot be completed on the website. The website will notify the Buyer thereof.

4.7. The Buyer acknowledges and explicitly agrees that the display of goods on the e-shop website is for illustration purposes only, and the Seller may deliver the goods in other suitable variations.

4.8. The Purchase Agreement between the Buyer and the Seller is concluded at the time of delivery of the confirmation (acceptance) of the Buyer’s order by the Seller. The Seller will send the order confirmation to the Buyer at the Buyer’s email, including a valid and effective version of the Terms and Conditions. Then the Seller notifies the Buyer at the Buyer’s email of commencing the order preparation.

4.9. The Purchase Agreement, including the valid and effective Terms and Conditions, is retained by the Seller in an electronic form for the necessary period of time.

4.10. The remote communication costs incurred by the Buyer when concluding the Agreement are borne by the Buyer.

5. Price and Payment Terms

5.1. The price of goods and any additional shipping costs are to be paid by the Buyer to the Seller under the Purchase Agreement using the following methods: 

5.1.1. online by payment card; 

5.1.2. using Google Pay, PayPal or a voucher.

5.1.3 there are no charges to the Buyer when paying by card.

5.2. Together with the purchase price, the Buyer must also pay the Seller for shipping costs in the agreed amount, unless stipulated otherwise. The costs of individual shipping options are listed on the website.

5.3. If the payment is made as a cashless transfer, the purchase price is due before the shipment of goods.

5.4. If the payment is made as a cashless transfer, the Buyer’s obligation to pay the purchase price is met once the appropriate amount is credited to the Seller’s account.

5.5. Any discounts from the purchase price granted by the Seller to the Buyer cannot be combined. 

5.6. If so stipulated by the generally binding legal regulations, the Seller will issue a tax document (invoice) to the Buyer reflecting the payments made under the Purchase Agreement. The Seller is a VAT payer. The Seller will issue the tax document (invoice) to the Buyer after the purchase price is paid and send it to the Buyer’s email address. The Seller must provide its personal data for tax and reporting purposes. 

5.7. Under the Act on Registration of Sales, the Seller must provide the Buyer with a receipt. The Seller is also obligated to register the received sales online with the tax administrator; in the event of a technical failure, no later than within 48 hours.

6. Withdrawing from Purchase Agreement

6.1. The Buyer is entitled to withdraw from the Purchase Agreement without stating a reason in accordance with Sec. 1829(1) of the Civil Code within fourteen (14) days. This time period commences on the day:

6.1.1. the Buyer or third person authorised by the Buyer (besides the carrier) takes over the goods;

6.1.2. the Buyer or third person authorised by the Buyer (besides the carrier) takes over the last delivery of the goods if the delivery comprises several types of goods or several parts; or 

6.1.3. the Buyer or third person authorised by the Buyer (besides the carrier) takes over the first delivery of the goods if the delivery comprises regular deliveries of goods.

6.2. If the Buyer exercises its right to withdraw from the Purchase Agreement, it may notify the Seller thereof by unilateral legal action. The Buyer may use the template form for withdrawal from agreements available on the Seller’s website, but is not obliged to do so. If the Buyer uses the template, the Seller will confirm the receipt of such agreement withdrawal notice without undue delay via email. The recommended procedure when withdrawing from the Purchase Agreement is as follows:

6.2.1. sending the properly completed and signed template form for withdrawal from the Purchase Agreement available on the website to the address: Smolík Cookie Cutters s.r.o., Svratouch 372, 539 42 Svratouch, Czech Republic, or

6.2.2. sending the properly completed template form for withdrawal from the Purchase Agreement available on the website via email from the Buyer’s address to smolik@vykrajovacky.cz.

6.3. The withdrawal period is deemed as met if the withdrawal notice is sent and handed over to be delivered before the withdrawal period ends.

6.4. If the Buyer withdraws from the Purchase Agreement, the Seller must, without undue delay, but no later than within fourteen (14) days of the day the Seller receives (i) the goods in a condition specified in Article 6.6. as well as (ii) the withdrawal notice, return to the Buyer the entire financial sum it received from the Buyer, including all shipping costs. The direct costs of returning the goods are borne by the Buyer. The Seller will return the received financial sum in the same way it was originally transferred by the Buyer; the Seller will return the financial sum in a different way only if the Buyer previously agreed thereto and if there are no additional charges incurred to the Seller.

6.5. The Seller will return the paid sum only after receiving the returned goods or a confirmation of sending the returned goods by the Buyer, whichever occurs sooner.

6.6. The Buyer undertakes to send the goods back to the Seller without undue delay, but no later than within fourteen (14) days of the day the Seller received the withdrawal notice, or to deliver the goods to the following address: Svratouch 372, 539 42 Svratouch, Czech Republic. The Buyer is obliged to provide its personal data and information necessary for returning the purchase price in full. For the time such information is not yet provided, the period for returning the purchase price is suspended. The return period is deemed met if the Buyer sends the goods back before the fourteen (14) days are up. This is without prejudice to Article 6.5. Important Notice! In order for the Seller to return the sum paid according to Article 6.4., the goods must be returned undamaged, in full and in the original condition, including the original packaging. The goods cannot be returned damaged. 

6.7. When returning the goods under the previous paragraph, the Buyer will bear costs related to such return. 

6.8. The Buyer is liable to the Seller for decreasing the value of the goods only if the goods were handled in a way different than necessary to acquaint oneself with the nature and properties of the goods, including their functionality. If the return violates Article 6.6., i.e., the goods are returned damaged, worn or partially consumed, the Seller is entitled to request the Buyer to pay for the damages incurred. The Seller is entitled to unilaterally set off the damages against the purchase price to be returned to the Buyer, including the shipping costs.

6.9. The Buyer acknowledges that the Buyer cannot withdraw from the Purchase Agreement for reasons stipulated in Section 1837 of the Civil Code. The Buyer also cannot withdraw from the agreement on delivery of goods tailor-made to the Buyer’s specifications.

7. Shipping and Shipping Costs

7.1. The exhaustive list of possible shipping methods, shipping costs and expected dispatch and delivery times are specified on the website here www.vykrajovacky.cz/nakup/doprava-a-platba.The Buyer will choose the desired shipping method before submitting the order. The terms of transport apply only to deliveries within the EU.

7.2. If the shipping method is set based on the Buyer’s request, the Buyer will bear any additional costs related to this specific shipping method. 

7.3. If, according to the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over or ensure the takeover of the goods upon delivery and provide necessary cooperation when the goods are delivered. If the Buyer does not take over the goods upon their delivery, the Seller is entitled to claim reimbursement for the costs of additional transportation and subsequent storage from the Buyer, or the Seller is entitled to withdraw from the Purchase Agreement. The Seller is entitled to unilaterally set off the cost reimbursement against the purchase price to be returned to the Buyer in the case of a withdrawal from the Purchase Agreement.

7.4. If, for reasons on the part of the Buyer, the goods need to be delivered repeatedly or in another way than it was stated on the order, the Buyer is obliged to reimburse the costs related to the repeated delivery of goods or to the change in the delivery method.

7.5. When taking over the goods from the carrier, the Buyer must check that the packaging is intact, and in case of any defects, the Buyer must immediately notify the carrier thereof. If the packaging is not deemed intact, which suggests an unauthorised intervention with the delivered package, the Buyer is not obliged to take over the package from the carrier. By signing the delivery note, the Buyer confirms that the packaging of the goods is intact, and any warranty claim arising from violating the packaging will be disregarded. 

7.6. If the personal pickup as the transport method is chosen, the Buyer must take over or ensure the takeover of the goods within 10 business days of the receipt of the Seller’s notification stating the goods are ready for pickup. If the Buyer does not take over the goods within such time, the Seller is entitled to claim reimbursement for subsequent storage from the Buyer in the amount of 12 CZK/day or 0,5 EUR/day, or the Seller is entitled to withdraw from the Purchase Agreement. 

8. Quality Check upon Takeover, Liability for Defects 

8.1. The rights and obligations of the parties regarding the Seller’s liability for defects, including Seller’s warranty terms, are regulated by the generally binding legal regulations (mainly by provisions of Section 2158 et seq. of the Civil Code). 

8.2. The Seller warrants the Buyer that the goods are without defects upon takeover. The Seller mainly warrants the Buyer that at the time the Buyer takes over the goods,

•  the goods have the properties agreed by the parties or, if such agreement is missing, properties described by the Seller or manufacturer or properties expected by the Buyer based on the nature of the goods or advertised properties,

• the goods are suitable to use for the purpose specified by the Seller or for the purposes for which it is usually used,

• the goods match the quality and design of the agreed sample or model if the quality and design were specified based on an approved sample or model,

• the goods are in the agreed amount, size and weight, and

• the goods meet the legal requirements.

 

8.3. If a defect manifests within six (6) months of the takeover, the goods are deemed as defective from the point of the takeover, especially if it does not contradict the nature of the goods or unless it is proven otherwise.

8.4. If the goods do not meet the properties specified in Article 8.2., the Buyer is entitled to request the Seller to rectify the situation according to the Purchase Agreement without undue delay and based on the Buyer’s request, even if it means delivering new goods without defects, if this is reasonable regarding the nature of the defect. The Buyer has the right to the delivery of new goods even if the defect is removed, provided that the Buyer cannot use the goods properly due to the recurrence of the defect after it has been removed or due to a greater number of defects; in this case, the Buyer also has the right to withdraw from the Purchase Agreement. If such procedure is not possible or not exercised by the Buyer, the Buyer is entitled to request a reasonable discount from the price of the goods; if this applies to already discounted goods, the Buyer always has the right to a reasonable discount instead of requesting an exchange of the goods. The Buyer has the right to a reasonable discount even in the event the Seller cannot provide the Buyer with new goods without defects or remove the defect, as well as if the Seller fails to rectify the situation within a reasonable period of time or if the rectification would cause serious trouble to the Buyer. Upon receiving the new goods, the Buyer will return the originally received goods to the Seller at its expense.

8.5. The Buyer is entitled to exercise its claim of defect, which manifests within twenty-four (24) months of taking over the goods. If the sold goods, its packaging, manual or marketing communication related to the goods state the period for which the goods can be used in accordance with other legal regulations, the quality warranty provisions shall apply. The warranty period starts once the goods are handed over to the Buyer.

8.6. The Buyer is not entitled to the right arising from defective performance if the Buyer had known about the defects before it accepted the goods or if the Buyer caused the defects. The Seller is further not liable for defects in the following cases:

8.6.1. if the goods, its packaging or manual state the period for which the goods can be used in accordance with specific legal regulations, the warranty period ends by the end of such period; 
8.6.2. if the warranty period for the goods in question had already ended before the warranty claim was made; 
8.6.3. if the defect was caused by failure to follow the manufacturer’s instructions; 
8.6.4. if the defect was caused by inappropriate handling of the goods or failure to take proper care thereof; 
8.6.5. if the defect was caused by an unauthorised intervention with the goods; or
8.6.7. if the goods were damaged by outside influence outside the Seller’s control.

8.7. The Buyer’s rights arising from the Seller’s liability for defects shall be exercised by the Buyer without undue delay once it identifies the defect by contacting the Seller at: Svratouch 372, 539 42 Svratouch, Czech Republic, or via email to smolik@vykrajovacky.cz. Upon sending the returned goods, the Buyer must fill in the description of the claimed defect. The Buyer may send the defective goods back to the Seller at the address stated in the header hereof, and we will be happy to resolve the issue. When making a warranty claim, we recommend creating or logging in to your User Account. You can then follow the warranty procedure updates in the User Account. The warranty claim will be resolved within the legally specified time. If the claim is warrantable, the Seller becomes obligated to reimburse the Buyer for the costs spent on shipping the returned goods back to the Seller.

8.8. The Seller will send a written confirmation of exercising the right arising from defective performance (warranty claim acceptance) immediately after it is exercised to the Buyer’s email while stating the time and subject of the warranty and requested method of resolving the claim. The Seller will notify the Buyer of the resolved warranty claim via email to the Buyer’s address or telephone. The period for resolving a warranty by the Seller is thirty (30) days. 

8.9. If the Buyer receives an incomplete order, the Buyer must notify the Seller thereof within three (3) business days of receiving the goods; after this time, the warranty claims shall not be accepted. A warranty claim regarding an incomplete order may be filed via email at: smolik@vykrajovacky.cz.

9. Other Rights and Obligations of Parties

9.1. The Buyer assumes ownership of the goods by paying the entire purchase price of the goods. Together with the ownership right, the Buyer also assumes the risk of damage to the goods. The Seller has the rights and obligations of a bailee until the goods are handed over to the Buyer, in case of personal pickup, or to the first carrier, in other cases.

9.2. The Buyer agrees that the Seller is entitled to meet its obligations arising from the Purchase Agreement (incl. issuing goods) via third parties.

9.3. When using the e-shop website, the Buyer is not entitled to use mechanisms, software or other tools which could have an adverse effect on the e-shop functionality. The e-shop website can be used to the extent that does not violate the rights of other customers of the Seller and that complies with its purpose.

9.4. The Seller is not bound by any codes of conduct regarding the Buyer within the meaning of provisions of Section 1826(1e) of the Civil Code. 

9.5. The Buyer acknowledges that the Seller is not liable for errors due to third-party interventions to the website or using the website in violation of its purpose. The Seller notes that the information on the website is partially taken from third parties and may contain factual or technical inaccuracies or typographical errors, and it may be updated without previous notice. Therefore, the Seller cannot unconditionally guarantee the accuracy of the website content. The Seller is not liable to any third party for damages caused using the information taken from the e-shop or the website. 

10. Property Rights, Environment

10.1. The Buyer acknowledges that the goods are protected by a trademark and other rights. The Buyer is not entitled to adjust, copy, analyse, disassemble or otherwise handle the goods for the purpose of its remanufacturing or to allow third parties to do so. 

10.2. The goods are environmentally safe, and they can be recycled as metal waste at the Buyer’s expense and responsibility at the metal waste collection point. The packaging is recyclable in the usual way. 

11. Communication

11.1. Unless agreed otherwise, all communication relating to the Purchase Agreement must be delivered to the other party in writing, either via email, in person or by registered mail using a postal service of the sender’s choice. 

12. Common, Temporary and Final Provisions

12.1. Applicable Law and Jurisdiction The rights and obligations arising from or related to the Purchase Agreement, including the non-contractual liability, are governed by Czech law.If the Customer is the consumer and resides within the EU, it is also covered by the binding legal regulations in effect in the country of the customer’s residence. Both parties agree on non-exclusive jurisdiction according to the Seller’s registered office.

12.2. Disputes The out-of-court settlement on consumer disputes arising from the Purchase Agreement shall be done by the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: www.coi.cz/en/. The settlement of disputes between the Seller and the Buyer arising from the Purchase Agreement can be done online at the address ec.europa.eu/consumers/odr. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: www.evropskyspotrebitel.cz/en/, is the place of contact under the 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 consumer ODR).

12.3. Change of Circumstances Both parties undertake to bear the risk of change of circumstances, and the provisions of Section 1765(1) and 1766 of the Civil Code do not apply. 

12.4. Disproportionate Discounts The Buyer declares to be aware of the real value of the performance provided and agrees without reservations with the agreed price of performance. 

12.5. Term and Amendments These Terms and Conditions are binding for all parties to the implemented transactions, both for the Buyer and for the Seller, as the e-shop operator. The Seller reserves the right to change these Terms and Conditions while it undertakes to announce all amendments hereto in a timely and clear manner on the e-shop website.

 

In Svratouch, on 21. 6. 2022