GENERAL TERMS AND CONDITIONS
These general terms and conditions ("Terms") of Ing. Milan Soukup, based at Levského 3185, Prague 4, 14300, ID No. 71424598, email: info@fantasysperky.cz, phone number: 604566672, ("We" or "Seller") govern the mutual rights and obligations arising from or related to the purchase contract ("Contract") concluded via the online store at www.fantasysperky.cz, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code").
As you know, we primarily communicate remotely. Thus, our Contract also stipulates that remote communication means are used, allowing us to agree without the simultaneous physical presence of Us and You, thereby concluding the Contract remotely via the online store's web interface ("web interface of the E-shop").
If any part of the Terms contradicts what we have mutually agreed upon during your purchase process in our E-shop, that specific agreement takes precedence over the Terms.
DEFINITIONS
GENERAL PROVISIONS AND INSTRUCTIONS
CONCLUDING THE CONTRACT
To conclude the Contract, you must create an Order on the E-shop. The proposal must include the following information:
During the creation of the Order, you can change and check the data until its completion. After conducting the check by pressing the "Order" button, you complete the Order. However, before pressing the button, you must also confirm your acquaintance with and consent to these Terms, otherwise, the Order cannot be completed. The confirmation and consent are given by checking a checkbox. After pressing the "Order" button, all filled-in information is sent directly to Us.
We will confirm your Order as soon as possible after it is delivered to us by sending a message to your email address specified in the Order. The confirmation will include a summary of the Order and these Terms as an email attachment. The Terms in effect on the day of the Order, i.e., in the wording attached as an appendix to the confirmation email, form an integral part of the Contract. By confirming the Order, a Contract is concluded between Us and You.
There may also be cases where we may not be able to confirm your Order. This is particularly the case when the Goods are not available or when you order a larger number of Goods than we allow. However, we will always provide you with information about the maximum number of Goods in advance on the E-shop, so it should not be surprising for you. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. The Contract is then concluded at the moment when you confirm Our offer.
In the event that a clearly incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price, even if you have received the Order confirmation, and thus a Contract has been concluded. In such a case, we will contact you without delay and send you an offer to conclude a new Contract in a modified form compared to the Order. A new Contract is then concluded at the moment when you confirm Our offer. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or extra.
In the event that a Contract is concluded, you have an obligation to pay the Total Price.
If you have a User Account, you can place an Order through it. Even in such a case, however, you have the obligation to check the correctness, truthfulness, and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, the advantage being that there is no need to repeatedly fill in your identification data.
In some cases, we allow you to use a discount for purchasing Goods. To provide a discount, you need to fill in the details of this discount in the designated field within the Order proposal. If you do so, the Goods will be provided to you with a discount.
USER ACCOUNT
PRICING AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP RIGHTS
An invoice will be issued in electronic form after the Total Price is paid and will be sent to your email address. The invoice will also be physically attached to the Goods and available in the User Account.
The ownership right to the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is considered paid upon its crediting to our account; in other cases, it is paid at the moment of payment.
DELIVERY OF GOODS, TRANSITION OF THE RISK OF DAMAGE TO GOODS
After receiving the Goods from the carrier, it is your obligation to check the integrity of the Goods' packaging and to report any defects to the carrier and Us immediately. In the case of damage to the packaging indicating unauthorized manipulation and entry into the shipment, it is not your obligation to take over the Goods from the carrier.
In the case where you violate your obligation to take over the Goods, except in cases according to Art. 6.4 of the Terms, this does not constitute a breach of Our obligation to deliver the Goods to you. Also, the fact that you do not take over the Goods does not constitute a withdrawal from the Contract between Us and You. However, in such a case, We have the right to withdraw from the Contract due to your substantial breach of the Contract, or possibly to store the Goods. If We decide to withdraw from the Contract, the withdrawal is effective on the day We deliver this withdrawal to you. Withdrawal from the Contract does not affect the claim for payment of the Price for shipping, or possibly the claim for compensation for damages, if any occurred.
If, for reasons arising on your part, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, it is your obligation to reimburse Us for the costs associated with this repeated delivery. We will send you the payment details for paying these costs to your email address stated in the Contract, and they are payable within 14 days of the delivery of the email.
The risk of damage to the Goods passes to you at the moment you take them over. If you do not take over the Goods, except in cases according to Art. 6.4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but due to reasons on your part, the takeover did not occur. The transition of the risk of damage to the Goods means that from this moment, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods.
In the case that the Goods were not listed as in stock in the E-shop and an indicative time of availability was given, we will always inform you in case of:
RIGHTS FROM DEFECTIVE PERFORMANCE
We guarantee that at the time of the transition of the risk of damage to the Goods according to Art. 6.7 of the Terms, the Goods are without defects, in particular, that the Goods:
Rights and obligations regarding rights from defective performance are governed by the applicable generally binding legal regulations (in particular provisions of § 2099 to 2117 and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
In the event that the Goods have a defect, i.e., especially if any of the conditions according to Art. 7.1 are not met, you can notify us of such a defect and claim the rights from defective performance (i.e., claim the Goods) by sending an email or letter to our addresses stated in our identification details. For the claim, you can also use the sample form provided by us, which forms Annex No. 1 of the Terms. In exercising the right from defective performance, it is necessary to choose how you want the defect to be resolved, and this choice cannot be changed later without our consent. We will handle the claim in accordance with the right from defective performance that you have claimed.
If the Goods have a defect, you have the following rights:
We are entitled to refuse to eliminate the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value that the Goods would have without the defect.
You also have the right to:
The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.
In the case that you caused the defect on the Goods yourself, the rights from defective performance do not apply to you.
Wear and tear of the Goods caused by its usual use, or wear and tear corresponding to the extent of its previous use in the case of used Goods, is not considered a defect of the Goods.
When filing a claim, we will issue a written confirmation, which will include:
If we do not agree on a longer period, within 30 days from receiving the claim, we will eliminate the defects and provide you with information about the handling of the claim at the specified contact details. If this period expires in vain, you may withdraw from the Contract or demand a reasonable discount.
We will inform you about the handling of the claim by email and issue a confirmation of the date and method of handling the claim. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You are required to prove these costs, e.g., by receipts or confirmations of the price for shipping. In the case that the defect is eliminated by delivering new Goods, it is your obligation to return the original Goods to us, but we will bear the costs of this return.
If you are entrepreneurs, it is your obligation to notify and point out the defect without undue delay after you could have detected it, but no later than within three days from the receipt of the Goods.
If you are a consumer, you have the right to assert rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from the receipt of the Goods.
WITHDRAWAL FROM THE CONTRACT
Withdrawal from the Contract, i.e., the termination of the contractual relationship between Us and You from its inception, can occur for reasons and in ways stated in this article, or in other provisions of the Terms where the possibility of withdrawal is explicitly stated.
If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract, or, if it involves the purchase of goods, then within fourteen days from their receipt. If we have concluded a Contract, the subject of which is several pieces of Goods or the delivery of several parts of Goods, this period starts running only from the day of delivery of the last piece or part of the Goods, and in the case that we have concluded a Contract based on which we will deliver Goods to you regularly and repeatedly, it starts running from the day of delivery of the first delivery.
You can withdraw from the Contract by any provable method (especially by sending an email or letter to our addresses stated in our identification details). For withdrawal, you can also use the sample form provided by us, which forms Annex No. 2 of the Terms.
However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is performance stated in § 1837 of the Civil Code.
The period for withdrawal according to Art. 8.2 of the Terms is considered observed if you send us a notification that you are withdrawing from the Contract during its course.
In the event of withdrawal from the Contract according to Art. 8.2 of the Terms, you are obliged to send the Goods to us within 14 days from the withdrawal and bear the costs associated with returning the goods to us. On the other hand, you are entitled to us returning the Price for shipping, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In case of withdrawal due to the fact that we breached the concluded Contract, we also bear the costs associated with returning the goods to us, but again only up to the Price for shipping in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered at the delivery of the Goods.
In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the date of effectiveness of the withdrawal to the account from which it was credited, or to an account chosen for withdrawal from the Contract. However, the amount will not be returned before we receive the Goods, or you prove that they have been sent back to us. Please return the Goods to us clean, if possible including the original packaging.
In the event of withdrawal from the Contract according to Art. 8.2 of the Terms, you are liable for the reduction in the value of the Goods that occurred as a result of handling this goods differently than is necessary to familiarize yourself with the nature, properties, and functionality of the Goods, i.e., in a way that you would familiarize yourself with the Goods in a brick-and-mortar store. If we have not yet returned the Price to you, we are entitled to offset the claim for costs against your claim for a refund of the Price.
We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the period stated in Art. 6.1 of the Terms expires. We can also withdraw from the Contract if it is evident that you have intentionally provided incorrect information in the Order. If you purchase goods as part of your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without stating a reason.
RESOLUTION OF DISPUTES WITH CONSUMERS
The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court resolution of consumer disputes from the Contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the consumer from the purchase contract concluded by electronic means.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online resolution of consumer disputes).
FINAL PROVISIONS
In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not responsible for damage caused in connection with or as a result of cases of force majeure, and if the state of force majeure lasts for more than 10 days, both We and You have the right to withdraw from the Contract.
Annexes to the Terms include a sample form for a claim and a sample form for withdrawal from the Contract.
The Contract, including the Terms, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by email, so you will always have access to the Contract even without Our cooperation. We always recommend saving the confirmation of the Order and the Terms.
These Terms take effect on 13.11.2023.
Annex No. 1 - Complaint Form
Recipient: Milan Soukup, Lojovická 22, Praha 4, 14200. info@fantasysperky.cz
Claim Submission
Date of Contract Conclusion:
Name and Surname:
Address:
Email Address:
Goods Being Complained About:
Description of Goods Defects:
Proposed Method for Complaint Resolution:
I also request the issuance of a confirmation of the complaint filing stating the date I exercised this right, the content of the complaint, the requested method of resolution, along with my contact details for the purpose of providing information on the handling of the complaint.
Date:
Signature:
Annex No. 2 - Contract Withdrawal Form
Recipient: Milan Soukup, Lojovická 22, Praha 4, 14200. info@fantasysperky.cz
I hereby declare that I am withdrawing from the Contract:
Date of Contract Conclusion:
Name and Surname:
Address:
Email Address:
Specification of the Goods Subject to the Contract:
Method for Returning Received Payments, or Provide Bank Account Number:
Right of Withdrawal for Consumers
If the buyer is a consumer and has ordered goods through the e-commerce platform of www.fantasysperky.cz ("the Company") or any other remote communication means, except for the cases listed in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, they have the right to withdraw from the purchase contract within 14 days from the day of contract conclusion, or in case of purchasing goods, within fourteen days from their receipt. In case the contract involves multiple goods or delivery of several parts, this period starts from the day the last item or part is delivered. For contracts where goods are to be delivered regularly and repeatedly, the period begins from the day of the first delivery.
The buyer, if a consumer, must notify the Company of this withdrawal in writing at the Company's business address or electronically via the email provided on the sample form.
If the consumer withdraws from the purchase contract, they must send or hand over the goods received from the Company back to it without undue delay, but no later than 14 days from the withdrawal.
Upon withdrawal, the Company will return all payments received from the consumer, including delivery costs (except for additional costs resulting from the consumer's choice of a delivery method other than the least expensive standard delivery offered by the Company), without undue delay and in any event not later than 14 days from the day on which the Company is informed about the consumer's decision to withdraw from the contract. The refund will be made using the same means of payment as used by the consumer for the initial transaction unless expressly agreed otherwise. The Company is not required to refund the received payments until the goods are returned or the consumer has supplied evidence of having sent the goods back, whichever is the earliest.
Date:
Signature:
Hallmark Stamps: