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    Terms and Conditions

    Terms and Conditions | POTVŮRKOV

    Please note:
    This English version of the Terms and Conditions is provided for informational purposes only. In the event of any discrepancy or conflict between the Czech and English versions, the Czech version shall prevail and shall be legally binding.

    Terms and Conditions

    These General Terms and Conditions (the “Terms”) of Para bodas s.r.o., with its registered office at Budilova 161/15, Plzeň 301 00, Czech Republic, Company ID No.: 14049236, registered in the Commercial Register under file No. C 41361/KSPL, maintained by the Regional Court in Plzeň, e-mail: info@svatba-eshop.cz, telephone number: +420 721 810 605 (“we”, “us” or the “Seller”), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations between you, as the buyer, and us, as the seller, arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded through the e-shop available on the websites www.svatba-eshop.cz or www.potvurkov.cz.

    All information regarding the processing of your personal data is included in the Personal Data Processing Policy, which can be found on the Privacy Policy page.

    The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of these Terms. This provision does not affect any rights and obligations that arose during the period of validity of the previous version of the Terms.

    As you surely know, we primarily communicate remotely. Therefore, our Agreement is also concluded using means of distance communication, which allow us to agree without our simultaneous physical presence. The Agreement is therefore concluded remotely in the e-shop environment, through the website interface of the e-shop (the “e-shop web interface”).

    If any part of these Terms conflicts with what we have specifically agreed together during the purchase process in our e-shop, such specific agreement shall take precedence over these Terms.

    I. Certain Definitions

    1. Price means the monetary amount that you will pay for the Goods.

    2. Shipping Price means the monetary amount that you will pay for the delivery of the Goods, including the cost of packaging.

    3. Total Price means the sum of the Price and the Shipping Price.

    4. VAT means value added tax in accordance with applicable legal regulations.

    5. Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price.

    6. Order means your irrevocable proposal to conclude an Agreement for the purchase of Goods with us.

    7. User Account means an account created on the basis of the information provided by you, which enables the storage of entered data and the storage of the history of ordered Goods and concluded Agreements.

    8. You means the person purchasing from our e-shop, referred to by legal regulations as the buyer.

    9. Goods means everything that can be purchased in the e-shop.

    II. General Provisions and Information

    1. The purchase of Goods is possible only through the e-shop web interface.

    2. When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information provided by you when ordering Goods to be correct and truthful.

    III. Conclusion of the Agreement

    1. The Agreement with us may be concluded only in the Czech language.

    2. The Agreement is concluded remotely through the e-shop, while the costs of using means of distance communication are borne by you. However, these costs do not differ in any way from the basic rate you pay for using such means, especially for internet access. Therefore, you should not expect any additional costs charged by us beyond the Total Price. By submitting the Order, you agree that we use means of distance communication.

    3. In order for us to conclude the Agreement, you must create a draft Order in the e-shop. This draft must include the following information:

      a) Information about the Goods being purchased. In the e-shop, you select the Goods you are interested in purchasing by clicking the “Add to Cart” button.

      b) Information about the Price, the Shipping Price, the method of payment of the Total Price and the required method of delivery of the Goods. This information will be entered during the creation of the draft Order within the user environment of the e-shop, while information about the Price, the Shipping Price and the Total Price will be displayed automatically based on the Goods and delivery method selected by you.

      c) Your identification and contact details necessary for us to deliver the Goods, especially your first name, surname, delivery address, telephone number and e-mail address.

      d) In the case of an Agreement under which we will deliver Goods to you regularly and repeatedly, information on how long we will deliver the Goods to you.

    4. During the creation of the draft Order, you may change and check the data until the Order is created. After checking the data, you create the Order by clicking the “Order with obligation to pay” button. Before clicking the button, however, you must also confirm that you have read and agree to these Terms; otherwise, the Order cannot be created. A checkbox is used for this confirmation and consent. After clicking the “Order with obligation to pay” button, all completed information will be sent directly to us.

    5. We will confirm your Order as soon as possible after it has been delivered to us by sending a message to the e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms. The Agreement between us and you is concluded upon our confirmation of the Order. The Terms in the version effective on the date of the Order form an integral part of the Agreement.

    6. There may also be cases where we are unable to confirm your Order. This includes, in particular, situations where the Goods are unavailable or where you order a larger quantity of Goods than we allow. However, information about the maximum quantity of Goods will always be provided to you in advance within the e-shop and should therefore not come as a surprise. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. In such a case, the Agreement is concluded at the moment when you confirm our offer.

    7. If an obviously incorrect Price is stated in the e-shop or in the draft Order, we are not obliged to deliver the Goods to you at that Price, even if you have received an Order confirmation and the Agreement has therefore been concluded. In such a situation, we will contact you without undue delay and send you an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded at the moment when you confirm our offer. If you do not confirm our offer within 3 days of it being sent, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price charged by other sellers, or where a digit is missing or extra.

    8. Once the Agreement is concluded, you are obliged to pay the Total Price.

    9. If you have a User Account, you may place an Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating the Order is the same as in the case of a buyer without a User Account, but the advantage is that you do not have to repeatedly enter your identification details.

    10. In some cases, we allow you to use a discount when purchasing Goods. In order to receive the discount, you must enter the discount details in the designated field within the draft Order. If you do so, the Goods will be provided to you at a discount.

    IV. User Account

    1. Based on your registration in the e-shop, you may access your User Account.

    2. When registering a User Account, you are obliged to provide all entered data correctly and truthfully and to update it in the event of any change.

    3. Access to the User Account is secured by a username and password. With respect to these access credentials, you are obliged to maintain confidentiality and not provide them to anyone. If they are misused, we are not liable for such misuse.

    4. The User Account is personal and you are therefore not entitled to allow third parties to use it.

    5. We may cancel your User Account, especially if you have not used it for more than 6 months or if you breach your obligations under the Agreement.

    6. The User Account may not be available continuously, especially due to necessary maintenance of hardware and software equipment.

    V. Pricing and Payment Terms, Retention of Title

    1. The Price is always stated in the e-shop, in the draft Order and, of course, in the Agreement. In the event of a discrepancy between the Price stated for the Goods in the e-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be identical to the price in the Agreement. The draft Order also states the Shipping Price, or the conditions under which shipping is free.

    2. The Total Price is stated including VAT and all statutory fees.

    3. We will require payment of the Total Price after conclusion of the Agreement and before the Goods are handed over. You may pay the Total Price in the following ways:

      a) By bank transfer. We will send you the payment information in the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 14 days.

      b) By online card payment. In this case, payment is made through the ShoptetPay payment gateway. In the case of online card payment, the Total Price is payable within 3 days.

      c) Cash on delivery. In this case, payment is made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.

      d) Cash upon personal collection. Goods may be paid for in cash if collected at our premises. In the case of cash payment upon personal collection, the Total Price is payable upon receipt of the Goods.

    4. The Invoice will be issued electronically after payment of the Total Price and sent to your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User Account.

    5. Ownership of the Goods passes to you only after you have paid the Total Price and taken receipt of the Goods. In the case of payment by bank transfer, the Total Price is considered paid when credited to our account; in other cases, it is considered paid at the moment of payment.

    VI. Delivery of Goods and Transfer of Risk of Damage to the Goods

    1. The Goods will be delivered to you according to the method selected by you, while you may choose from the following options:

      a) Personal collection at our premises.

      b) Personal collection at collection points operated by Zásilkovna or Uloženka.

      c) Delivery through transport companies Česká pošta, PPL CZ or Zásilkovna.

    2. The Goods may be delivered only within the Czech Republic.

    3. The delivery time of the Goods always depends on their availability and on the selected delivery and payment method. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The delivery time stated in the e-shop is only approximate and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you by e-mail when the Goods are ready for collection.

    4. Upon receipt of the Goods from the carrier, you are obliged to check the integrity of the packaging of the Goods and, in the event of any defects, to immediately notify the carrier and us of this fact. If the packaging shows signs of damage indicating unauthorised handling or access to the shipment, you are not obliged to accept the Goods from the carrier.

    5. If you breach your obligation to accept the Goods, except in the cases referred to in Article VI.4 of these Terms, this does not constitute a breach of our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods does not constitute withdrawal from the Agreement between us and you. However, in such a case, we are entitled to withdraw from the Agreement due to your material breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day on which the withdrawal is delivered to you. Withdrawal from the Agreement does not affect our claim for payment of the Shipping Price or any claim for damages, if incurred.

    6. If, for reasons on your side, the Goods are delivered repeatedly or in a different manner than agreed in the Agreement, you are obliged to reimburse us for the costs associated with such repeated delivery. We will send you the payment details for these costs to the e-mail address provided in the Agreement, and they are payable within 14 days of delivery of the e-mail.

    7. The risk of damage to the Goods passes to you at the moment when you take receipt of them. If you do not take receipt of the Goods, except in the cases referred to in Article VI.4 of these Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take receipt of them but, for reasons on your side, the receipt did not take place. The transfer of the risk of damage to the Goods means that from that moment you bear all consequences associated with loss, destruction, damage or any deterioration of the Goods.

    8. If the Goods were not listed in the e-shop as in stock and an estimated availability time was stated, we will always inform you in the event of:

      a) an extraordinary production outage of the Goods, in which case we will always inform you of the new expected availability time or of the fact that it will not be possible to deliver the Goods;

      b) a delay in delivery of the Goods from our supplier, in which case we will always inform you of the new expected delivery time.

    9. If we are unable to deliver the Goods to you even within 30 days after the expiry of the delivery time stated in the Order confirmation, for any reason, both we and you are entitled to withdraw from the Agreement.

    VII. Rights Arising from Defective Performance

    1. We guarantee that at the time the risk of damage to the Goods passes in accordance with Article VI.7 of these Terms, the Goods are free from defects, in particular that:

      a) they have the properties that we have agreed with you, and if no properties have been expressly agreed, then such properties as we stated in the description of the Goods, or such properties as may be expected with regard to the nature of the Goods;

      b) they are suitable for the purposes stated by us or for the purposes usual for Goods of this type;

      c) they correspond to the quality or design of the agreed sample, if the quality or design was determined according to a sample;

      d) they are in the appropriate quantity and weight;

      e) they meet the requirements imposed on them by legal regulations;

      f) they are not encumbered by third-party rights.

    2. Rights and obligations regarding rights arising from defective performance are governed by the applicable generally binding legal regulations, in particular 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.

    3. If the Goods have a defect, in particular if any of the conditions under Article VII.1 are not met, you may notify us of such defect and exercise your rights arising from defective performance, i.e. file a complaint, by sending an e-mail or letter to our addresses stated in our identification details. For the complaint, you may also use the model form provided by us, which forms Annex No. 1 to these Terms. When exercising the right arising from defective performance, you must choose how you wish the defect to be resolved; you may not subsequently change this choice without our consent, except in the cases referred to in Article VII.4. We will handle the complaint in accordance with the right arising from defective performance exercised by you. If you do not choose a method of resolving the defect, you have the rights listed in Article VII.5 even in situations where the defective performance constituted a material breach of the Agreement.

    4. If the defective performance constitutes a material breach of the Agreement, you have the following rights:

      a) removal of the defect by delivery of new Goods without defect or by delivery of a missing part of the Goods;

      b) removal of the defect by repair of the Goods;

      c) a reasonable discount from the Price;

      d) withdrawal from the Agreement.

      If you choose a solution under points a) or b) and we do not remove the defect in this manner within a reasonable period specified by us, or if we inform you that we will not remove the defect in this manner at all, you have the rights under points c) and d), even if you did not originally request them in your complaint. At the same time, if you choose removal of the defect by repair of the Goods and we find that the defect is irreparable, we will inform you and you may choose another method of removing the defect.

    5. If the defective performance constitutes a non-material breach of the Agreement, you have the following rights:

      a) removal of the defect by delivery of new Goods without defect or by delivery of a missing part of the Goods;

      b) removal of the defect by repair of the Goods;

      c) a reasonable discount from the Price.

      However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Agreement. You may also withdraw if you cannot properly use the Goods due to the repeated occurrence of defects after repair or due to a larger number of defects in the Goods.

    6. In the case of both material and non-material breach, you may not withdraw from the Agreement or request delivery of a new item if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

      a) if the condition of the Goods changed as a result of inspection for the purpose of discovering the defect;

      b) if the Goods were used before the defect was discovered;

      c) if the impossibility of returning the Goods in unchanged condition was not caused by your actions or omission;

      d) if you sold, consumed or altered the Goods before discovering the defect during ordinary use. If this occurred only partially, you are obliged to return the part of the Goods that can be returned, and in such a case you will not be refunded the part of the Price corresponding to the benefit you gained from using part of the Goods.

    7. Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it and the expected time required to handle it. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The period may be extended by mutual agreement. If the period expires without resolution, you may withdraw from the Agreement.

    8. We will inform you of the outcome of the complaint by e-mail. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, for example by receipts or confirmations of shipping costs. If the defect is removed by delivery of new Goods, you are obliged to return the original Goods to us; however, the costs of such return are borne by us.

    9. If you are an entrepreneur, you are obliged to notify and claim the defect without undue delay after you could have discovered it, but no later than within three days of receipt of the Goods.

    10. If you are a consumer, you have the right to exercise rights arising from defective performance in respect of a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

    11. The provisions concerning rights arising from defects do not apply in the following cases:

    a) Goods sold at a lower Price, in relation to a defect for which the lower Price was agreed;

    b) wear and tear of the Goods caused by their usual use;

    c) used Goods, in relation to a defect corresponding to the degree of use or wear that the Goods had when you received them;

    d) where this follows from the nature of the Goods.

    VIII. Withdrawal from the Agreement

    1. Withdrawal from the Agreement, i.e. termination of the contractual relationship between us and you from the beginning, may occur for the reasons and in the manner set out in this Article, or in other provisions of these Terms where the possibility of withdrawal is expressly stated.

    2. If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Agreement without giving any reason within 14 days from the date of delivery of the Goods. If we have concluded an Agreement whose subject matter includes several types of Goods or delivery of several parts of Goods, this period begins on the day of delivery of the last part of the Goods. If we have concluded an Agreement under which we will deliver Goods to you regularly and repeatedly, the period begins on the day of delivery of the first delivery. You may withdraw from the Agreement by any demonstrable means, especially by sending an e-mail or letter to our addresses stated in our identification details. For withdrawal, you may also use the model form provided by us, which forms Annex No. 2 to these Terms.

    3. However, even as a consumer, you may not withdraw from the Agreement in cases where the subject matter of the Agreement is:

      a) Goods whose Price depends on fluctuations in the financial market independent of our will and which may occur during the withdrawal period;

      b) delivery of alcoholic beverages that may be delivered only after thirty days and whose Price depends on financial market fluctuations independent of our will;

      c) Goods that have been modified according to your wishes or for your person;

      d) Goods that are perishable, as well as Goods that have been irrevocably mixed with other goods after delivery;

      e) Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;

      f) delivery of an audio or video recording or computer program if the original packaging has been broken;

      g) delivery of newspapers, periodicals or magazines;

      h) delivery of digital content that was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period, and we informed you that you do not have the right to withdraw from the Agreement.

    4. The withdrawal period under Article VIII.2 of these Terms is considered preserved if you send us a notice of withdrawal from the Agreement during that period.

    5. In the event of withdrawal from the Agreement, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was paid, or to an account selected in the withdrawal from the Agreement. However, the amount will not be refunded before you return the Goods to us or prove that you have sent them back to us. Please return the Goods clean and, if possible, including the original packaging.

    6. In the event of withdrawal from the Agreement under Article VIII.2 of these Terms, you are obliged to send the Goods to us within 14 days of withdrawal and you bear the costs associated with returning the Goods to us. You are, on the other hand, entitled to reimbursement of the Shipping Price, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for delivery of the Goods. In the event of withdrawal due to our breach of the concluded Agreement, we also bear the costs associated with returning the Goods to us, again only up to the amount of the Shipping Price corresponding to the cheapest method of delivery of the Goods that we offered for delivery.

    7. You are liable to us for damage in cases where the Goods are damaged as a result of handling them in a manner other than necessary with regard to their nature and properties. In such a case, we will charge you for the damage after the Goods have been returned to us, and the invoiced amount is payable within 14 days. If we have not yet refunded the Price to you, we are entitled to set off the claim for costs against your claim for refund of the Price.

    8. We are entitled to withdraw from the Agreement at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered, in particular reasons on the side of third parties or reasons arising from the nature of the Goods, even before the expiry of the period referred to in Article VI.9 of these Terms. We may also withdraw from the Agreement if it is obvious that you intentionally provided incorrect information in the Order. If you purchase Goods within the scope of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without giving a reason.

    IX. Consumer Dispute Resolution

    1. In relation to buyers, we are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

    2. Consumer complaints are handled through the e-mail address info@svatba-eshop.cz. We will send information about the handling of the complaint to the buyer’s e-mail address.

    3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odrmay be used to resolve disputes between the seller and a buyer who is a consumer arising from a purchase agreement concluded by electronic means.

    4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under 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.

    X. Final Provisions

    1. If our legal relationship with you contains an international element, for example if we deliver Goods outside the territory of the Czech Republic, the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, this provision does not affect your rights arising from legal regulations.

    2. All written correspondence between us and you will be delivered by electronic mail. Our e-mail address is stated in our identification details. We will deliver correspondence to the e-mail address stated in the Agreement, in the User Account or through which you contacted us.

    3. The Agreement may be amended only on the basis of our written agreement. However, we are entitled to amend and supplement these Terms. Such amendment shall not affect already concluded Agreements, but only Agreements concluded after the amendment becomes effective. We will inform you of the amendment only if you have created a User Account, so that you have this information in the event that you place a new Order, although the amendment does not establish a right of termination because we do not have an Agreement that could be terminated, or if we are to deliver Goods to you regularly and repeatedly under the Agreement. We will send information about the amendment to your e-mail address at least 14 days before the amendment becomes effective. If we do not receive notice of termination of the concluded Agreement for regular and repeated delivery of Goods from you within 14 days of sending the information about the amendment, the new Terms become part of our Agreement and will apply to the next delivery of Goods following the effective date of the amendment. The notice period in the event of termination is 2 months.

    4. In the event of force majeure or events that cannot be foreseen, such as natural disaster, pandemic, operational failures, subcontractor outages and similar events, we are not liable for damage caused as a result of or in connection with cases of force majeure. If the state of force majeure lasts for more than 10 days, both we and you have the right to withdraw from the Agreement.

    5. The Annexes to the Terms include a model complaint form and a model withdrawal form.

    6. The Agreement, including the Terms, is archived by us in electronic form but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by e-mail, and you will therefore always have access to the Agreement even without our cooperation. We recommend that you always save the Order confirmation and the Terms.

    7. These Terms become effective on 1 November 2023.

    Annex No. 1 – Complaint Form

    Addressee: OC VELKÁ OHRADA, Prusíkova 2577/16, Praha 13, Stodůlky, 155 00, Czech Republic

    Complaint Submission

    Date of conclusion of the Agreement:

    First name and surname:

    Address:

    E-mail address:

    Goods subject to the complaint:

    Description of defects in the Goods:

    Proposed method of handling the complaint, or bank account number for providing a discount:

    I also request confirmation of the submission of the complaint, stating when I exercised this right, what the content of the complaint is, including my claim, and the date and method of handling the complaint.

    Date:

    Signature:

    Annex No. 2 – Withdrawal Form

    Addressee: OC VELKÁ OHRADA, Prusíkova 2577/16, Praha 13, Stodůlky, 155 00, Czech Republic

    I hereby declare that I withdraw from the Agreement:

    Date of conclusion of the Agreement:

    First name and surname:

    Address:

    E-mail address:

    Specification of the Goods to which the Agreement relates:

    Method for refunding the received funds, or bank account number:

    If the buyer is a consumer and has ordered Goods through the e-shop of Para bodas s.r.o. (the “Company”) or another means of distance communication, the buyer has the right, except in the cases listed in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the already concluded purchase agreement within 14 days from the date of receipt of the Goods, without giving any reason and without any penalty. The buyer shall notify the Company of this withdrawal in writing to the Company’s business premises address or electronically to the e-mail address stated in the model form.

    If the buyer, who is a consumer, withdraws from the purchase agreement, the buyer shall send or hand over to the Company, without undue delay and no later than within 14 days from withdrawal from the purchase agreement, the Goods received from the Company.

    If the buyer, who is a consumer, withdraws from the purchase agreement, the Company shall return to the buyer without undue delay, no later than within 14 days from withdrawal from the purchase agreement, all funds received from the buyer under the purchase agreement, including delivery costs, in the same manner. If the buyer chose a delivery method other than the cheapest delivery method offered by the Company, the Company shall return the delivery costs to the buyer only in the amount corresponding to the cheapest offered delivery method. The Company is not obliged to return the received funds to the buyer before the buyer hands over the Goods to the Company or proves that the Goods have been sent to the Company.

    Date:

    Signature: