Terms and conditions

TERMS AND CONDITIONS
 of trading company
JB-Jacket s.r.o.
place of business Teplická 604/15, Střížkov, 190 00 Prague 9
Identification No.: 045 21 595
registered in the Commercial Register managed by the Municipal Court, Section C, File 248679
for sale of goods through an on-line shop located on www.jb-jacket.com
  1. INTRODUCTORY PROVISIONS

These Terms and Conditions (hereinafter ‘T&Cs’) of JB-Jacket s.r.o., place of business Teplická 604/15, Střížkov, 190 00 Prague 9, Identification No.: 045 21 595, registered in the Commercial Register managed by the Municipal Court, Section C, File 248679

  • (hereinafter ‘Seller’) maintain, pursuant to the provision of § 1751 Para. 1 of the Act No. 89/2012 Coll., Civil Code (hereinafter ‘Civil Code’), mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement (hereinafter ‘Purchase Agreement’) concluded between the Seller and another natural person (hereinafter ‘Buyer’) through an internet shop of the Seller. The internet shop is operated by the Seller on the following website: www.jb-jacket.com (hereinafter ‘website’), through website interface (hereinafter ‘web interface of the shop’).
  • T&Cs do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person that acts, when ordering goods, within a remit of their business or within their independent professional practice.
  • Provisions differing from the T&Cs can be agreed upon in the Purchase Agreement. Differing provisions in the Purchase Agreement shall prevail over the provisions of the T&Cs.
  • Provisions of the T&Cs form an integral part of the Purchase Agreement. T&Cs are in Czech and English. The Purchase Agreement can be concluded either in Czech or English.
  • T&Cs may be amended or modified by the Seller. This provision shall not affect the rights and obligations arisen within the effective period of the previous version of the T&Cs.
  1. USER ACCOUNT
    • Upon registration of the Buyer on the website, the Buyer can access his user interface. From his user interface the Buyer can order goods (hereinafter ‘user account’). In the event the web interface of the shop permits it, the Buyer can also order goods without registering, directly from the web interface of the shop.
    • When registering on the website and ordering goods, the Buyer is obligated to enter correct and true information. The data included in the user account need to be updated any time by the Buyer in case of any change. The data entered by the Buyer in the user account and when ordering goods are considered correct by the Seller.
    • Access to the user account is secured by a user name and password. The Buyer is obligated to maintain confidentiality regarding information necessary to access his user account.
    • The Buyer is prohibited to allow third parties to use the user account.
    • The Seller may cancel a user account, particularly when the Buyer has not been using his account for more than one year or if the Buyer breaches his obligations arising from the Purchase Agreement (including T&Cs).
    • The Buyer acknowledges that the user account may not be available at all times, in particular considering necessary maintenance of hardware and software of the Seller, or necessary maintenance of hardware or software of third parties.
  2. CONCLUSION OF A PURCHASE AGREEMENT
    • The entire presentation of goods on the web interface of the shop is informative and the Seller is not obligated to conclude a Purchase Agreement related to these goods. The provision of § 1732 Para. 2 of the Civil Code shall not apply.
    • Web interface of the shop includes information about goods, including prices of individual items and costs for returning goods if the goods cannot be returned due to their nature via standard post. The prices of goods include VAT and all associated fees. The prices of goods remain valid for the time when displayed on the web interface of the shop. This provision does not limit the possibility to conclude a Purchase Agreement under individually agreed conditions.
    • Web interface of the shop also includes information about costs of packaging and delivery. Information about costs related to packaging and delivery of goods stated on the web interface of the shop shall apply in all cases when goods are delivered.
    • In order to order goods, the Buyer fills an order form on the web interface of the shop. The order form contains particularly information about :
      • ordered goods (the Buyer ‘places’ the ordered goods into an electronic shopping cart of the web interface of the shop
      • a method of payment of the goods purchase price, details of the desired method of delivery of the ordered goods and
      • information about costs associated with the delivery (hereinafter ‘order’).
    • Prior to sending an order to the Seller, the Buyer is able to check and modify the data that the Buyer entered into the order, including identifying and correcting mistakes upon data entry into the order. The Buyer shall send the order to the Seller by clicking on ‘Add to cart’. The data specified in the order are considered to be correct by the Seller. The Seller confirms the receipt of the order to the Buyer immediately, to the email of the Buyer stated in the user account or in the order (hereinafter ‘email address of the Buyer’).
    • The Seller is always entitled, depending on the nature of the order (amount of items, purchase price, estimated delivery costs), to request additional confirmation related to the order from the Buyer (for example, in writing or by phone).
    • The contractual relationship between the Seller and Buyer commences upon the receipt of the order (acceptance), sent to the Buyer by the Seller electronically, to the email address of the Buyer.
    • The Buyer agrees to use distant communications means when concluding the Purchase Agreement. The costs incurred to the Buyer when using distant communications means with regard to concluding a Purchase Agreement (costs for internet connection, phone) shall be borne by the Buyer, and these costs do not differ from the basic rate.
  3. PRICE OF GOODS AND PAYMENT CONDITIONS
    • The price of goods and possible costs related to goods delivery as per the Purchase Agreement are to be paid by the Buyer to the Seller as follows:

by bank transfer through a payment system Paypall

by a payment card;

  • In addition to the purchase price, the Buyer is obligated to pay to the Seller costs related to packaging and delivery in the agreed amount. Unless explicitly stipulated otherwise, the purchase price is understood to include costs related to delivery of goods.
  • The Seller does not request from the Buyer an advance payment or any similar payment. This shall not affect the provision of Art. 25 of the T&Cs regarding the obligation to pay the purchase price of the goods in advance.
  • In the event of the cash payment or payment, the purchase price is due upon acceptance of goods. In the event of cashless payment, the purchase price is due for payment within 3 days since concluding the Purchase Agreement.
  • In the event of cashless payment, the Buyer is obligated to pay the purchase price and state the variable symbol of the payment. In the event of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the appropriate amount to the Seller’s bank account.
  • The Seller is entitled, particularly in case the Buyer fails to provide additional confirmation of the order (Art. 6), to request the payment of the entire purchase price before dispatching the goods to the Buyer. The provision of § 2119 Para. 1 of the Civil Code shall not apply.
  • Possible discounts on the price of the goods provided to the Seller cannot be combined.
  • If customary in business or if stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice regarding the payments made under the Purchase Agreement. The Seller is not liable for VAT. The tax document – invoice is issued by the Seller to the Buyer after the payment of the price of the goods and sent to the email address of the Buyer.
  1. WITHDRAWAL FROM THE PURCHASE AGREEMENT
    • The Buyer acknowledges that, pursuant to the provision of § 1837 of the Civil Code, it is impossible, among other things, to withdraw from the Purchase Agreement on the delivery of goods that have been adjusted according to the wishes of the Buyer or for him; from the Purchase Agreement on the delivery of perishable goods as well as goods that were irrevocably mixed with other goods; from the Purchase Agreement on the delivery of sealed goods that were unsealed by the consumer and due to hygienic reasons they cannot be returned; and from the Purchase Agreement on the delivery of audio or video recording or computer programme if the original packaging is damaged.
    • If it is not the case stipulated in Art. 28 or any other case when it is impossible to withdraw from the Purchase Agreement, the Buyer is entitled, pursuant to the provision of § 1829 Para. 1 of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days from the receipt of the goods; however, in case the subject of the Purchase Agreement includes a few types of goods or delivery of several parts, this period commences on the date of the receipt of the final delivery. Withdrawal from the Purchase Agreement must be sent to the Seller within the period stated in the previous sentence.
    • In the event of the withdrawal from the Purchase Agreement pursuant to Art. 29 of the T&Cs, the Purchase Agreement is fully terminated. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the Agreement. In the event the Buyer withdraws from the Purchase Agreement, the Buyer bears costs related to the return of the goods to the Seller, even in case when the goods cannot be returned due to their character using standard postal services.
    • In the event of withdrawal from the Agreement pursuant to Art. 29 of the T&Cs, the Seller shall return funds accepted from the Buyer within fourteen (14) days from the withdrawal from the Purchase Agreement by the Buyer, in the same way as the Seller accepted them from the Buyer. The Seller is also entitled to return the payment received form the Buyer upon the return of the goods by the Buyer or in another way provided the Buyer agrees to it and does not incur additional costs. If the Buyer withdraws from the Purchase Agreement, the Seller is not obligated to return the funds received to the Buyer before the Buyer returns the goods to him or demonstrates that the Buyer dispatched the goods to the Seller.
    • Claims for damage compensation caused to goods can be offset unilaterally by the Seller against the Buyer’s claim related to the purchase price to be returned.
    • Until the receipt of the goods by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement any time. In such case, the Seller shall return the purchase price to the Buyer without any unnecessary delay, by bank transfer to the bank account stated by the Buyer.
    • In the event a gift is provided to the Buyer with the goods, the gift agreement between the Seller and Buyer is concluded with a subsequent condition stipulating that if the Buyer withdraws from the Purchase Agreement, the gift agreement expires and the Buyer is obligated to return the gift together with the goods.
  2. SHIPMENT AND DELIVERY OF GOODS
    • In the event the type of transportation is agreed upon based on a special request of the Buyer, the Buyer bears the risk and possible additional costs related to this method of transportation.
    • In the event the Seller is obligated to deliver the goods, under the Purchase Agreement, to the location specified by the Buyer in the order, the Buyer is obligated to accept the goods upon delivery.
    • If due to reasons on the part of the Buyer the goods need to be delivered repeatedly or in another way than stated in the order, the Buyer is obligated to pay costs associated with repeated delivery of the goods or costs associated with another method of delivery.
    • Upon the receipt of the goods from the carrier, the Buyer is obligated to check integrity of packaging and in the event of any defects to immediately notify the carrier. In the event the packaging is damaged, which indicates intrusion into the consignment, the Buyer is not obligated to accept the consignment from the carrier.
    • Other rights and obligations of the parties during shipment of goods may be governed by special delivery conditions of the Seller if issued by the Seller.
  3. RIGHTS FROM THE DEFECTIVE PERFORMANCE
    • The rights and obligations of the contractual parties related to the rights from the defective performance are governed by appropriate generally binding legal regulations (in particular provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
    • The Seller is liable to the Buyer that the goods have no defects upon their receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer accepted the goods:
      • the goods have qualities that the parties agreed upon and in case of absence of such agreement, the goods have such qualities as described either by the Seller or manufacturer or such the Buyer expected considering the character of the goods and based on advertising they have been carrying out,
      • the goods are suitable for the purpose that the Seller states or that these goods are typically used for,
      • the goods’ quality or design corresponds to the agreed sample or model if quality or design was determined based on the agreed sample or model,
      • the goods come in a sufficient quantity, size or weight, and
      • the goods comply with the requirements of legal regulations.
    • Provisions stipulated in Art. 41 of the T&Cs shall not apply to the goods sold for a lower price due to a defect, due to wear and tear of the goods caused by standard use; to used goods due to a defect corresponding to a certain level of wear and tear that the goods had upon the receipt by the Buyer or if it results from the nature of the goods.
    • If a defect manifests itself within six months since the acceptance of goods, it is assumed that the goods were defective at the time of the acceptance. The Buyer is entitled to exercise the right from the defective performance that consumer goods show within the twenty-four months after the acceptance.
    • Rights from the defective performance are exercised by the Buyer with the Seller at the address of his premises where the claim can be raised depending on the type of the sold goods, possibly also in the place of business. The claim is considered raised at the moment when the Seller received from the Buyer defective goods.
    • Other rights and obligations of the parties related to the liability of the Seller for defects can be governed by the complaints procedure of the Seller.
  4. other RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
    • The Buyer acquires ownership of the goods by paying the full price for the goods.
    • The Seller is not in relation to the Buyer and is not bound by any codes of conduct pursuant to the provision of § 1826 Para. 1 Letter e) of the Civil Code.
    • Out-of-court settlements of consumer complaints are handled by blanka@jb-jacket.com. The Seller emails information about the settlement of the complaint to the Buyer’s email address.
    • The Seller is entitled to sell the goods based on a trade licence. Trade licence inspection is carried out by an appropriate Trade Office under its authority. Personal data protection is monitored by the Office for Personal Data Protection. The Czech Trade Inspection monitors, among others, within a defined scope, compliance with the Act No. 634/1992 Coll., on Consumer Protection, as amended.
    • The Buyer hereby accepts the risk of circumstance change of circumstance within the meaning of § 1765 Para. 2 of the Civil Code.
  5. PERSONAL DATA PROTECTION
    • Protection of personal data of the Buyer who is a natural person is provided under the Act No. 101/2000 Coll., on Personal Information Protection, as amended.
    • The Buyer gives consent to the processing of the following personal data of his: name and surname, address, residence, Identification No., email address, telephone number.
    • The Buyer gives consent to the processing of his personal data by the Seller, for the purposes of exercising the rights and obligations arising from the Purchase Agreement and for the purposes of managing a user account. If the Buyer does not select another option, he agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial messages to the Buyer. Consent to the processing of personal data in its entirety is not a condition that would itself prevent concluding the Purchase Agreement.
    • The Buyer acknowledges that he is obligated to enter his personal data (when registering, in his user account, when ordering from the web interface of the shop) that are correct and true and that he is obligated to inform the Seller immediately about any change in his personal data.
    • The Seller may appoint a third party to process personal data of the Buyer as a data processor. In addition to persons delivering goods personal data shall not be shared with third parties without a prior consent of the Buyer.
    • Personal data will be processed for an unlimited period of time. Personal data will be processed electronically automatically or in print non-automatically.
    • The Buyer confirms that the provided personal data are accurate and that he was advised that this is a voluntary provision of personal data.
    • In the event the Buyer thinks that the Seller or data processor (Art. 55) performs the processing of his personal data that is incompliant with protection of a private and personal life of the Buyer or against the law, in particular when the personal data are inaccurate considering purposes of their processing, he can:
      • request an explanation from the Seller or data processor,
      • request from the Seller or data processor to rectify such status.
    • In the event the Buyer requests information regarding the processing of his personal data, the Seller is obligated to provide this information. The Seller is entitled to require a reasonable payment for providing the information as per the previous sentence, not exceeding the costs necessary for providing this information.
  6. SENDING COMMERCIAL MESSAGES AND SAVING COOKIES
    • The Buyer agrees to receive information related to the goods, services or company of the Seller to the email address of the Buyer and furthermore, agrees to receive commercial communication of the Seller to the email address of the Buyer.
    • The Buyer agrees that the so-called cookies can be saved on his computer. In the event a purchase can be made on the website and obligations of the Seller arising from the Purchase Agreement can be fulfilled without cookies being saved on the Buyer’s computer, the Buyer may revoke his previous consent at any time.
  7. CORRESPONDENCE
    • The Buyer may receive all correspondence to the email address of the Buyer.
  8. FINAL PROVISIONS
    • If the relationship established by the Purchase Agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
    • If any provision of the T&Cs is invalid or ineffective or becomes as such, invalid provisions will be replaced with a provision the meaning of which comes closest to the invalid provision. Invalidity or ineffectiveness of one provision does not affect validity of the remaining provisions.
    • The Purchase Agreement including the T&Cs is archived by the Seller electronically and is not accessible.
    • The appendix to the T&Cs forms a template form for withdrawal from the Purchase Agreement.
    • Contact details of the Seller: postal address Teplická 604/15, 190 00 Praha 9, email jb@jb-jacket.com, telephone +420 776 009 000.

 

In Prague on 15/12/2015