Terms and Conditions
TERMS AND CONDITIONS
of the trading company
Shop 5% s.r.o.
Registered office: Podlesí 77, Svatava 35703
Identification Number (IČo): 05122121For the sale of goods through the online store located at anpush.cz.
INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions ("Terms") of the company Shop 5% s.r.o., with its registered office at Podlesí 77, Svatava 35703, IČo: 05122121 (the "Seller"), regulate, in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of the parties arising from or in connection with a purchase agreement ("Purchase Agreement") concluded between the Seller and another natural person ("Buyer") via the Seller's online store. The online store is operated by the Seller on the website at anpush.cz ("Website") via the Website interface ("Store Interface").
1.2 These Terms do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activities or as part of their independent professional performance.
1.3 Provisions differing from the Terms may be agreed upon in the Purchase Agreement. Such differing provisions in the Purchase Agreement take precedence over these Terms.
1.4 The provisions of these Terms form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms are drawn up in the Czech language, and the Purchase Agreement may be concluded in Czech only.
1.5 The Seller reserves the right to amend or supplement the Terms. This does not affect the rights and obligations arising during the validity of the previous version of the Terms.
USER ACCOUNT
2.1 Based on the Buyer’s registration on the Website, the Buyer can access their user interface ("User Account"), from which they can place orders for goods. If the Store Interface allows, the Buyer can also place orders without registration directly through the Store Interface.
2.2 During registration and when ordering goods, the Buyer must provide correct and truthful information. The Buyer is obliged to update the information in their User Account in case of any changes. Information provided in the User Account and during order placement is considered correct by the Seller.
2.3 Access to the User Account is secured with a username and password. The Buyer is required to maintain confidentiality regarding information necessary to access their User Account.
2.4 The Buyer is not authorized to allow third parties to use their User Account.
2.5 The Seller may cancel a User Account, particularly if the Buyer has not used their User Account for more than three years, or if the Buyer violates their obligations under the Purchase Agreement (including the Terms).
2.6 The Buyer acknowledges that the User Account may not be available continuously, especially concerning the necessary maintenance of the Seller’s hardware and software equipment or third-party maintenance.
CONCLUDING THE PURCHASE AGREEMENT
3.1 Any presentation of goods on the Store Interface is for informational purposes only, and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of § 1732(2) of the Civil Code shall not apply.
3.2 The Store Interface contains information about the goods, including the prices of individual goods and the costs associated with returning the goods, if they cannot be returned by standard postal means. Prices are listed inclusive of VAT and all related fees. Prices remain valid as long as displayed on the Store Interface. This does not limit the Seller’s right to conclude a Purchase Agreement under individually negotiated terms.
3.3 The Store Interface also contains information about the costs associated with packaging and delivering the goods. These costs apply only to deliveries within the Czech Republic unless otherwise specified.
3.4 To order goods, the Buyer completes the order form on the Store Interface, which includes the following information:
3.4.1. The goods being ordered (the Buyer adds the selected goods to the electronic shopping cart on the Store Interface),
3.4.2. The payment method for the purchase price of the goods, the requested delivery method for the ordered goods, and
3.4.3. Information on the costs associated with delivering the goods (collectively referred to as the "Order").
3.5 Before submitting the Order to the Seller, the Buyer is allowed to review and modify the data they have entered into the Order, including the ability to identify and correct errors. The Buyer submits the Order by clicking the "Order with Obligation to Pay" button. The Seller considers the data provided in the Order to be accurate.
3.6 Depending on the nature of the Order (quantity of goods, purchase price, expected delivery costs), the Seller may request additional confirmation from the Buyer (e.g., in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance ("Acceptance") of the Order, which the Seller sends to the Buyer via email to the email address provided in the User Account or the Order ("Buyer’s Email Address").
3.8 The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer for using remote communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone costs) are borne by the Buyer and do not differ from the standard rate.
PRICE OF GOODS AND PAYMENT TERMS
4.1 The price of the goods and any costs associated with delivery under the Purchase Agreement may be paid by the Buyer to the Seller using the following methods:
In cash upon delivery at the location specified in the Order;
Cashless via transfer to the Seller’s account (account number: 4305386379/0800) held at Česká Spořitelna, a.s. ("Seller’s Account");
Cashless payment by card.
4.2 Along with the purchase price, the Buyer is also obligated to pay the Seller any costs associated with packaging and delivering the goods as agreed. Unless otherwise stated, the purchase price also includes the delivery costs.
4.3 The Seller does not require the Buyer to pay a deposit or similar payment in advance. This does not affect the provisions of Section 4.6 regarding the obligation to pay the purchase price in advance.
4.4 For cash or cash-on-delivery payments, the purchase price is due upon receipt of the goods. For cashless payments, the purchase price is due within 14 days of concluding the Purchase Agreement.
4.5 In the case of cashless payments, the Buyer must include the variable symbol for the payment. The obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the Seller’s Account.
4.6 The Seller reserves the right to require payment of the full purchase price before shipping the goods, particularly in cases where the Buyer has not provided additional confirmation of the Order (Section 3.6). The provisions of § 2119(1) of the Civil Code shall not apply.
4.7 Discounts on the price of goods provided by the Seller cannot be combined.
4.8 If customary or required by legal regulations, the Seller shall issue an invoice to the Buyer for payments made under the Purchase Agreement. The Seller is not a VAT payer. The invoice will be issued after the payment of the purchase price and sent in electronic form to the Buyer’s Email Address.
RIGHT OF WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, among other things, it is not possible to withdraw from a purchase agreement for the supply of goods that have been customized according to the buyer’s wishes or for their person, from a purchase agreement for the supply of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase agreement for the supply of goods in sealed packaging that the consumer has unsealed and cannot be returned for hygiene reasons, and from a purchase agreement for the supply of audio or video recordings or computer programs if their original packaging has been breached.
5.2. If the case does not fall under the provisions of section 5.1 of these terms and conditions or any other case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods. In the event that the purchase agreement involves several types of goods or the delivery of multiple parts, this period starts from the day the last delivery of goods is received. The withdrawal from the purchase agreement must be sent to the seller within the period mentioned in the preceding sentence. The buyer may use the standard form provided by the seller, which is attached to these terms and conditions, to withdraw from the purchase agreement. The buyer may send the withdrawal to the seller’s business address or to the seller’s email address at eshop@anpush.cz, among other methods.
5.3. In the case of withdrawal from the purchase agreement pursuant to section 5.2 of these terms and conditions, the purchase agreement is canceled from the outset. The goods must be returned by the buyer to the seller within fourteen (14) days from the delivery of the withdrawal notice to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by usual postal means due to their nature.
5.4. In the case of withdrawal from the purchase agreement pursuant to section 5.2 of these terms and conditions, the seller will refund the monetary amounts received from the buyer within fourteen (14) days from the withdrawal. The refund will be made in the same manner as the seller received the payment from the buyer. The seller is also entitled to refund any benefits provided by the buyer at the time of returning the goods or in another way if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received monetary amounts to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
5.5. The seller is entitled to offset any claim for damages to the goods against the buyer’s claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the buyer receives the goods. In such cases, the seller will refund the purchase price to the buyer without undue delay, non-cash, to the account designated by the buyer.
5.7. If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is subject to the condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift becomes void, and the buyer is obliged to return the provided gift along with the goods to the seller.
TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the method of transportation is agreed upon based on the buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transportation.
6.2. If the seller is obliged under the purchase agreement to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
6.3. If, due to reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or in a manner different from that stated in the order, the buyer is obliged to cover the costs associated with the repeated delivery of the goods or the costs associated with the different method of delivery.
6.4. Upon receiving the goods from the carrier, the buyer must check the integrity of the packaging of the goods and immediately notify the carrier of any damages. If the buyer detects a breach of the packaging indicating unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier. This does not affect the buyer’s rights under the liability for defects of the goods and other rights derived from generally binding legal regulations.
6.5. Additional rights and obligations of the parties regarding the transportation of goods may be regulated by the seller’s special delivery conditions, if issued by the seller.
RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller guarantees to the buyer that the goods have no defects at the time of receipt. Specifically, the seller guarantees to the buyer that at the time the buyer received the goods:
7.2.1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, have such properties as described by the seller or the manufacturer or as the buyer expected considering the nature of the goods and based on advertising conducted by them,
7.2.2. the goods are fit for the purpose for which the seller states they are intended or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if quality or workmanship was determined according to an agreed sample or model,
7.2.4. the goods are in the appropriate quantity, degree, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. If a defect becomes apparent within six months from receipt, it is considered that the goods were defective at the time of receipt.
7.4. The seller’s obligations regarding defective performance are at least to the extent that the manufacturer’s obligations regarding defective performance continue. Otherwise, the buyer is entitled to claim a defect that occurs in consumer goods within twenty-four months from receipt. If the sold goods, their packaging, the manual attached to the goods, or advertising, in accordance with other legal regulations, specify the period during which the goods can be used, the provisions regarding quality warranty apply. The quality warranty commits the seller to ensure that the goods are usable for their usual purpose or retain their usual properties for a certain period. If the buyer rightfully notifies the seller of a defect, the period for claiming rights from defective performance and the warranty period do not run during the time the buyer cannot use the defective goods.
7.5. The provisions stated in section 7.4 of these terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by ordinary use of the goods, to used goods with a defect corresponding to the degree of use or wear they had upon receipt by the buyer, or if it arises from the nature of the goods. The buyer is not entitled to claim rights from defective performance if the buyer knew before receiving the goods that the goods were defective or if the buyer caused the defect themselves.
7.6. Rights from liability for defects of goods are to be exercised with the seller. However, if the confirmation issued by the seller regarding the scope of rights from liability for defects (within the meaning of § 2166 of the Civil Code) designates another person responsible for repairs, who is closer to the seller or the buyer’s location, the buyer shall exercise the right to repair with the designated party. Except in cases where another person is designated for repairs according to the previous sentence, the seller is obliged to accept a complaint at any branch where complaint acceptance is possible considering the range of sold products or provided services, or at the seller’s headquarters or place of business. The seller is obliged to issue the buyer a written confirmation stating when the buyer exercised the right, the content of the complaint, and the method of handling the complaint requested by the buyer; and a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated by the seller to perform repairs.
7.7. The buyer may specifically exercise rights from liability for defects of goods, in particular personally at the address Podlesí 77, Svatava 357 03, by phone at 725532445, or by email at eshop@anpush.cz.
7.8. The buyer will inform the seller of the chosen right when notifying the defect or without undue delay after notifying the defect. The buyer cannot change the chosen option without the seller’s consent, except if the buyer requested a repair of the defect, which proves to be irreparable.
7.9. If the goods do not have the properties specified in section 7.2 of these terms and conditions, the buyer may also request the delivery of new defect-free goods, provided that it is not disproportionate considering the nature of the defect. If the defect concerns only a part of the goods, the buyer may only request the replacement of the part; if this is not possible, the buyer may withdraw from the contract. However, if it is disproportionate considering the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge. The right to delivery of new defect-free goods or replacement of the part also applies if the buyer cannot properly use the goods due to recurring defects after repair or for a greater number of defects. In such cases, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to the delivery of new defect-free goods, replacement of the part, or repair of the goods, the buyer may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver new defect-free goods, replace the part, or repair the goods, or if the seller does not remedy the defect within a reasonable time or if the remedy would cause significant inconvenience to the buyer.
7.10. Anyone entitled under § 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 exercised within one month after the period for pointing out the defect has expired, the court will not recognize the right if the seller objects that the right to compensation was not exercised in time.
7.11. Additional rights and obligations of the parties related to the seller’s liability for defects of goods may be regulated by the seller’s complaint procedure.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
8.1. The buyer acquires ownership of the goods upon payment of 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 § 1826 paragraph 1 letter e) of the Civil Code.
8.3. Handling consumer complaints is managed by the seller via the email address eshop@anpush.cz. The seller will send information about the handling of the buyer’s complaint to the buyer’s email address.
8.4. For out-of-court resolution of consumer disputes arising from the purchase agreement, the Czech Trade Inspection is competent, headquartered at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs. 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 agreement.
8.5. The European Consumer Centre Czech Republic, headquartered at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to 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 Online Dispute Resolution for Consumer Disputes).
8.6. The seller is authorized to sell goods based on a trade license. Trade inspections are carried out by the relevant trade office within their jurisdiction. The Office for Personal Data Protection oversees the protection of personal data. The Czech Trade Inspection oversees, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of changes in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
PROTECTION OF PERSONAL DATA
9.1. The seller fulfills its information obligation towards the buyer pursuant to 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) related to the processing of the buyer’s personal data for the purposes of fulfilling the purchase agreement, for negotiating the purchase agreement, and for fulfilling the seller’s public law obligations through a separate document.
SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The buyer consents, within the meaning of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the seller to the buyer’s electronic address or phone number. The seller fulfills its information obligation towards the buyer pursuant to Article 13 of the GDPR related to the processing of the buyer’s personal data for the purposes of sending commercial communications through a separate document.
10.2. The buyer consents to the storing of cookies on their computer. If a purchase on the website can be made and the seller’s obligations under the purchase agreement can be fulfilled without storing cookies on the buyer’s computer, the buyer may withdraw their consent according to the preceding sentence at any time.
DELIVERY
11.1. Delivery may be made to the buyer’s electronic address.
FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legal system that cannot be contractually deviated from and which would otherwise apply in the absence of a choice of law pursuant to Article 6 paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of these terms and conditions is invalid or ineffective, or becomes so, a provision shall replace the invalid provision to the extent that its meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3. The purchase agreement, including these terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. An attachment to these terms and conditions constitutes the standard form for withdrawal from the purchase agreement.
12.5. Seller’s contact details: Delivery address Podlesí 77, Svatava 357 03, email address eshop@anpush.cz, phone number 725532445.
IN SOKOLOV on January 2, 2023
Attachments:
APPENDIX NO. 1 - COMPLAINT FORM
Recipient: [TO BE COMPLETED].
Filing a Complaint
Date of Conclusion of the Agreement:
Name and Surname:
Address:
Email Address:
Goods Being Complained About:
Description of the Defects of the Goods:
Proposed Method for Handling the Complaint, or Indication of Bank Account Number for Providing a Discount:
I also request the issuance of a confirmation of the complaint with details of when I exercised this right, the content of the complaint along with my claim, including the date and method of handling the complaint.
Date:
Signature:
APPENDIX NO. 2 - WITHDRAWAL FROM THE CONTRACT FORM
Recipient: [TO BE COMPLETED].
I hereby declare that I withdraw from the Agreement:
Date of Conclusion of the Agreement:
Name and Surname:
Address:
Email Address:
Specification of Goods Covered by the Agreement:
Method for Returning Received Monetary Funds, or Indication of Bank Account Number:
If the buyer is a consumer and has ordered goods through the e-shop of [TO BE COMPLETED] (“Company”) or another remote communication means, except for the cases specified in § 1837 of Act No. 89/2012 Coll., Civil Code, as amended, the buyer has the right to withdraw from the concluded purchase agreement within 14 days from the day of receiving the goods, without stating a reason and without any penalty. The buyer will notify the Company of this withdrawal in writing to the Company’s business address or electronically to the email address provided in the standard form.
If the buyer, who is a consumer, withdraws from the purchase agreement, they must send or deliver the goods received from the Company without undue delay, and no later than 14 days from the withdrawal from the purchase agreement.
If the buyer, who is a consumer, withdraws from the purchase agreement, the Company will refund all monetary amounts (purchase price of the delivered goods) including delivery costs received from the buyer based on the purchase agreement without undue delay, and no later than 14 days from the withdrawal from the purchase agreement, in the same manner. If the buyer chose a delivery method other than the cheapest available method offered by the Company, the Company will refund the delivery costs only up to the amount corresponding to the cheapest offered delivery method. The Company is not obliged to refund the received monetary amounts to the buyer before the buyer returns the goods or proves that the buyer has sent the goods to the Company.
Date:
Signature:
