Legal entity

CM Design s.r.o.

registered office: Všeruby 600, 330 16 Všeruby, Plzeň-sever District

Company ID: 07155379

mailing address: Všeruby 600, 330 16 Všeruby, Plzeň-sever District

I.        INTRODUCTORY PROVISIONS

1.1.     These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the legal entity CM Design s.r.o., with its registered office at Všeruby 600, 330 16 Všeruby, Plzeň-sever District, Company ID 07155379 (hereinafter referred to as the “Seller”), regulate, in accordance with 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”) via the Seller’s online store. The online store is operated by the Seller on the website located at the internet address www.michalciliak.cz (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Web Interface of the Store”).

1.2.     These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activities or within the scope of their independent profession.

1.3.     Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.

1.4.     The provisions of these Terms and Conditions constitute an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.5.     The Seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

II.        USER ACCOUNT

2.1.     Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From the user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). If the web interface of the store allows it, the Buyer may also order goods without registration directly through the web interface of the store.

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 information stated in the User Account whenever it changes. The data provided by the Buyer in the User Account and when ordering goods are 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 information necessary to access their User Account.

2.4.     The Buyer is not entitled to allow third parties to use the User Account.

2.5.     The Seller may cancel the User Account, especially in cases where the Buyer does not use their User Account for more than one year 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, particularly with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

III.        CONCLUSION OF THE PURCHASE CONTRACT

3.1.     All presentations of goods placed in the web interface of the store are of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding such goods. The provision of Section 1732(2) of the Civil Code shall not apply.

3.2.     The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are stated including value added tax and all related fees. The prices of goods remain valid for the period during which they are displayed in the web interface of the store.

3.3.     The web interface of the store also contains information about the costs associated with packaging and delivery of goods.

IV.        PRICE OF GOODS AND PAYMENT TERMS

4.1.     The Buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the Purchase Contract to the Seller using the following methods:

- in cash to Mgr. Michal Čiliak

- by bank transfer to the Seller’s account No. 2501443386/2010 (hereinafter referred to as the “Seller’s account”);

- or by bank transfer to the Seller’s EURO account IBAN: CZ9120100000002601443391 (hereinafter referred to as the “Seller’s account”).

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.

4.3.     In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 10 days from the conclusion of the Purchase Contract.

4.4.     In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the payment reference number.

4.5.     Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.

4.6.     If it is customary in business practice or stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made on the basis of the Purchase Contract.

V.        WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1.     The Buyer acknowledges that according to Section 1837 of the Civil Code there are cases in which it is not possible to withdraw from the Purchase Contract.

5.2.     Unless it concerns the cases referred to in Section 1837 of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract within thirty (30) days from the receipt of the goods.

5.3.     To withdraw from the Purchase Contract, the Buyer may use a sample withdrawal form provided by the Seller.

5.4.     In the event of withdrawal from the Purchase Contract, the Purchase Contract shall be cancelled from the beginning.

5.5.     In the event of withdrawal from the Purchase Contract, the Seller shall return the funds received from the Buyer within fourteen (14) days.

5.6.     The Seller is entitled to unilaterally offset any claim for damage to the goods against the Buyer’s claim for 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.

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 a condition subsequent.

5.9.     The Buyer acknowledges that it is not possible to withdraw from the Purchase Contract if the product has been made to order according to the Buyer’s individual requirements (for example customised or engraved products).

VI.        TRANSPORT AND DELIVERY OF GOODS

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

6.2.     If the Seller is obliged under the Purchase Contract to deliver the goods to a location specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.

6.3.     If, for reasons on the part of the Buyer, the goods must be delivered repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery.

6.4.     Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging.

VII.        RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1.     The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations.

7.2.     The Seller is responsible to the Buyer that the goods are free of defects upon receipt.

VIII.        OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1.     The Buyer acquires ownership of the goods by paying the full purchase price.

8.2.     The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3.     The Czech Trade Inspection Authority is responsible for the out-of-court settlement of consumer disputes.

IX.        PERSONAL DATA PROTECTION

9.1.     The protection of personal data of the Buyer is provided in accordance with applicable legal regulations on personal data protection.

9.2.     The Buyer agrees to the processing of their personal data.

X.        SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES

10.1.  The Buyer agrees to receive information related to the goods, services or business of the Seller at the Buyer’s electronic address.

10.2.  The Buyer agrees to the storage of cookies on their computer.

XI.        DELIVERY

11.1.  Notices relating to relations between the Seller and the Buyer must be delivered by post in the form of a registered letter unless stated otherwise in the Purchase Contract.

XII.        FINAL PROVISIONS

12.1.  If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by Czech law.

12.2.  If any provision of these Terms and Conditions is invalid or ineffective, the validity of the remaining provisions shall remain unaffected.

12.3.  The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not publicly accessible.

12.4.  The annex to the Terms and Conditions is a sample form for withdrawal from the Purchase Contract.

12.5.  Seller’s contact details: Mgr. Michal Čiliak, Všeruby 600, 330 16 Všeruby, Plzeň-sever District, e-mail: info@michalciliak.cz, phone: +420 723 302 290.

In Pilsen on 18 June 2018