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Terms conditions

TERMS AND CONDITIONS

Jazyková škola PARK sro
with registered office at Staňkova 361/8c, Brno 602 00
Identification number: 25589571
101 – Sole trader conducting business under the Trade Licensing Act for the sale of goods through the online store located at www.zkouskypark.cz

INTRODUCTORY PROVISIONS

These terms and conditions (hereinafter referred to as the "terms and conditions") of Jazyková škola PARK sro, with registered office at Staňkova 361/8c, Brno 602 00, identification number: 25589571, 101 – sole trader conducting business under the Trade Licensing Act (hereinafter referred to as the "seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (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 www.zkouskypark.cz (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the store").

Deviating provisions from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. The seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the validity period of the previous version of the terms and conditions.

USER ACCOUNT

Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the web interface of the store allows, the buyer can also order goods without registration directly from the web interface of the store. When registering on the website and when ordering goods, the buyer is obliged to provide accurate and truthful information. The buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.

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. The buyer is not entitled to allow third parties to use their user account. The buyer acknowledges that the user account may not be available continuously, especially concerning the necessary maintenance of the seller's hardware and software, or the necessary maintenance of hardware and software of third parties.

CONCLUSION OF THE PURCHASE CONTRACT

The presentation of goods in the web interface of the store is informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code do not apply. To order goods, the buyer fills out an order form in the web interface of the store. The order form contains, in particular, information about:

  • the ordered goods or services
  • the method of payment of the purchase price of the goods
  • the required method of delivery of the ordered goods
  • information about the costs associated with the delivery of goods (collectively referred to as the "order").

Before sending the order to the seller, the buyer is allowed to check and change the data they entered in the order, even considering the buyer's ability to detect and correct errors made during data entry. The seller immediately after receiving the order confirms receipt to the buyer by electronic mail, to the buyer's email address provided in the user account or in the order (hereinafter referred to as the "buyer's email address").

The contractual relationship between the seller and the buyer arises upon the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail to the buyer's email address. The buyer agrees to the use of remote communication means when concluding the purchase contract. The 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 phone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.

PRICE OF GOODS AND PAYMENT CONDITIONS

The price of goods and any costs associated with the delivery of goods under the purchase contract can be paid by the buyer to the seller by the following methods:

  • Cashless transfer to the seller's account No. ___, maintained by ___ (hereinafter referred to as the "seller's account");
  • Cashless via ThePay payment system;
  • Cashless by payment card (VISA/MasterCard) through ThePay service.

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods. The seller does not require a deposit or similar payment from the buyer. This does not affect the provision of article 6 of the terms and conditions regarding the obligation to pay the purchase price of goods in advance. In the case of cashless payment, the buyer is obliged to pay the purchase price 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 at the moment of crediting the relevant amount to the seller's account. The seller is entitled, especially if the buyer does not confirm the order additionally (article 6), to require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph 1 of the Civil Code do not apply. Any discounts on the price of goods provided by the seller to the buyer cannot be combined. If it is customary in business relations or if it is so stipulated by generally binding legal regulations, the seller shall issue the buyer a tax document – an invoice – regarding payments made on the basis of the purchase contract. The seller is a VAT payer. The tax document – the invoice – will be issued by the seller to the buyer after the payment of the price of the goods and sent in electronic form to the buyer's email address.

According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in case of technical failure, no later than within 48 hours.

WITHDRAWAL FROM THE PURCHASE CONTRACT

The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the delivery of goods that have been customized according to the buyer's wishes or for their person, from the purchase contract for the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase contract for the delivery of goods in a sealed package, which the consumer has removed from the package and for hygienic reasons cannot be returned, and from the purchase contract for the delivery of sound or visual recordings or computer programs, if the original packaging has been disrupted.

Unless it is a case mentioned in article 1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right, in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, to withdraw from the purchase contract within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period mentioned in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer, among other things, to the address of the seller's establishment or to the seller's email address.

In the event of withdrawal from the purchase contract under article 2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days from the delivery of the withdrawal from the purchase contract 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 in the case where the goods cannot be returned by regular postal means due to their nature. In the event of withdrawal from the purchase contract under article 2 of the terms and conditions, the seller shall return the monetary funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract by the buyer, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another way if the buyer agrees to it and does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before the buyer returns the goods to the seller or proves that the goods have been sent to the seller. The seller is entitled to unilaterally set off a claim for compensation for damages to the goods against the buyer's claim for a refund of the purchase price.

In cases where the buyer is entitled to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, in a cashless manner to the account specified by the buyer.

If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition subsequent that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift loses its effect, and the buyer is obliged to return the provided gift together with the goods to the seller.

Rights from Defective Performance

The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

The seller is liable to the buyer for ensuring that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:

  • The goods have the properties agreed upon by the parties, or, in the absence of an agreement, the properties described by the seller or manufacturer, or expected by the buyer with regard to the nature of the goods and based on advertising conducted by them.
  • The goods are suitable for the purpose for which the seller states they are intended or for which goods of this kind are usually used.
  • 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.
  • The goods are in the appropriate quantity, measure, or weight, and the goods comply with the requirements of legal regulations.

If a defect appears within six months of receipt, it is presumed that the goods were defective at the time of receipt. The seller's obligations regarding defective performance are at least as extensive as the obligations of the manufacturer concerning defective performance.

The buyer is otherwise entitled to claim the right to a defect that appears in consumer goods within twenty-four months of receipt.

If the goods being sold, their packaging, the instructions attached to the goods, or the advertisement in accordance with other legal regulations, indicate a period during which the goods can be used, the provisions regarding quality guarantees apply. A quality guarantee binds the seller to ensure that the goods will be fit for use for a certain period for the usual purpose or will retain their usual properties.

If the buyer legitimately points out a defect in the goods to the seller, the period for exercising the rights from defective performance or the warranty period does not run during the time when the buyer cannot use the defective goods.

The provisions mentioned in Article 4 of the terms and conditions do not apply to goods sold at a lower price due to the defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it results from the nature of the goods.

The buyer is not entitled to rights from defective performance if the buyer knew before taking over the goods that the goods had a defect or if the buyer caused the defect themselves.

Rights from liability for defects in goods are to be asserted with the seller. However, if the confirmation issued by the seller regarding the scope of rights from liability for defects (within the meaning of Section 2166 of the Civil Code) specifies another person designated for repair, who is located at the seller's place or closer to the buyer, the buyer shall assert the right to repair with the person designated to perform the repair.

Except in cases where another person is designated for repair according to the previous sentence, the seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible considering the range of sold products or services provided, or at the seller's registered office or place of business.

The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised their right, what the complaint entails, and what method of handling the complaint the buyer requests; furthermore, the seller must issue a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or provide a written justification for the rejection of the complaint. This obligation also applies to other persons designated by the seller to perform repairs.

The buyer can assert rights from liability for defects in the goods according to the contact details on the website zkouskypark.cz.

The buyer shall inform the seller of their chosen right upon notification of the defect or without undue delay after notifying the defect. The buyer cannot change the selected option without the seller's consent; this does not apply if the buyer requested the repair of a defect that proves to be irreparable.

If the goods do not have the properties specified in Article 2 of the terms and conditions, the buyer may also request the delivery of new goods without defects, provided this is not unreasonable given the nature of the defect; however, if the defect concerns only a part of the goods, the buyer may only request the replacement of that part. If this is not possible, the buyer may withdraw from the contract.

However, if this is unreasonable given the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to the free removal of the defect.

The buyer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect if the buyer cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract.

If the buyer does not withdraw from the contract or does not assert the right to the delivery of new goods without defects, to the replacement of a part, or to the repair of the goods, the buyer may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace a part, or repair the goods, as well as if the seller fails to remedy the situation within a reasonable time or if the remedy would cause significant inconvenience to the buyer.

Anyone who has the right under Section 1923 of the Civil Code is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the right to compensation is not asserted within one month after the defect should have been reported, the court will not grant the right if the seller argues that the right to compensation was not asserted in time.

Additional rights and obligations of the parties concerning the seller's liability for defects may be regulated by the seller's complaints procedure.

FURTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

The buyer acquires ownership of the goods upon payment of the full purchase price. The seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code in relation to the buyer. The seller handles consumer complaints through the electronic address provided on the website zkouskypark.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's electronic address. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, with the website: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase contract. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, with the website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and 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 online dispute resolution). The seller is authorized to sell goods based on a business license. The relevant trade office performs trade control within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority performs supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the specified scope. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

PROTECTION OF PERSONAL DATA

The seller fulfills its information obligation towards the buyer in accordance with Article 13 of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter "GDPR Regulation") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, negotiating the purchase contract, and fulfilling the seller’s public obligations through a separate document.

SENDING COMMERCIAL MESSAGES AND COOKIES

The buyer agrees, in accordance with Section 7(2) of Act No. 480/2004 Coll., on Certain Services of the Information Society and on Amendments to Certain Acts (Act on Certain Services of the Information Society), as amended, to receive commercial messages from the seller to the buyer's electronic address or phone number. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purposes of sending commercial messages through a separate document. The buyer agrees to the storage of cookies on their computer. If the purchase on the website can be made and the seller’s obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw their consent to this at any time.

DELIVERY

Delivery to the buyer can be made to the buyer's electronic address.

FINAL PROVISIONS

If the relationship established by the purchase contract involves an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.

Choosing the law according to the previous sentence does not deprive a consumer buyer of the protection provided by mandatory provisions of the legal order that cannot be contractually deviated from, and which would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). If any provision of these business terms is invalid or ineffective, or becomes so, it will be replaced by a provision that most closely approximates the purpose of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. The purchase contract, including the business terms, is archived by the seller in electronic form and is not accessible. The appendix to the business terms includes a sample withdrawal form from the purchase contract. The seller's contact details are listed on the website zkouskypark.cz.

In Brno on 23 June 2021.