PhDr. Gabriela Pecićová, ID No. 71504770, place of business 130 00 Prague - Žižkov, Řehořova 973/7, operating a brick-and-mortar shop under the name Praguekabinet, located at 110 00 Prague 1, Platnéřská 13, and the Internet shop www.praguekabinet.com (hereinafter also referred to as "Praguekabinet") hereby publishes its business terms and conditions (hereinafter also referred to as "T&Cs"), which apply to the parties to the purchase contract concluded through the Internet shop – e-shop at www.praguekabinet.com (hereinafter also referred to as the "Website").
These T&Cs shall also apply mutatis mutandis to the purchase of goods in the Praguekabinet shop if the nature of the relationship corresponds to this, in particular to the regulation of liability for defects and complaints.
By confirming their order or by making a purchase in the shop, the purchaser accepts the following T&Cs of Praguekabinet to regulate mutual rights and obligations of the parties in the relationship arising from the sale of Praguekabinet Goods. These T&Cs are binding on the purchaser and Praguekabinet, unless otherwise expressly stated in the concluded contract. The up-to-date wording of these T&Cs forms a part of the purchase contract. The rights and obligations not expressly regulated by these T&Cs shall be governed by the provisions of generally binding legal regulations, in particular the Civil Code as amended.
Praguekabinet hereby informs the purchaser and the purchaser acknowledges by confirming the order that they have been and are informed by Praguekabinet of the following: (i) the identity of Praguekabinet, as the seller, which is PhDr. Gabriela Pecićová, ID No. 71504770, place of business 130 00 Prague - Žižkov, Řehořova 973/7. Telephone numbers, e-mail delivery address and other contact details are listed on the Website in the Contact Details section, including the bank account used by Praguekabinet;
(ii) that the purchaser is either a consumer or an entrepreneur, whereby a consumer within the meaning of these T&Cs is considered to be any person who enters into a contract with Praguekabinet outside the scope of their business activity or outside the scope of their independent exercise of their profession. An entrepreneur is a person who independently carries out, on their own account and responsibility, a profit-generating activity in a trade or similar manner with the intention of doing so consistently for profit. Any person who enters into contracts in connection with their own business, manufacturing or similar activities or in the course of the independent exercise of their profession, or a person who acts on behalf of or on the account of an entrepreneur, is also considered an entrepreneur for the purposes of consumer protection among other things. For the purposes of these T&Cs, an entrepreneur is defined as a person who acts in accordance with the previous sentence in the course of their business activity. If the purchaser provides their identification number in the order, then they acknowledge that the rules set out in the T&Cs applicable to entrepreneurs shall apply to them;
(iii) the identification of the goods offered by Praguekabinet for sale (hereinafter referred to as the "Goods") and the description of their main features is always indicated on the Website individually for each item of Goods offered, or by a link – prolink to other websites (of the manufacturer / distributor, etc.);
(iv) the price of the Goods or the method of calculating it, including all taxes and charges, so that the price is always quoted for individual items of Goods offered for sale and the price is always final, including VAT;
(v) the method of payment, including any obligation to pay advances, so that these are always indicated (with the possibility of the purchaser's choice, if applicable) for individual items of the Goods, where the choice of the offered methods of payment for the Goods is up to the purchaser and the chosen method of payment cannot be subsequently changed without the consent of Praguekabinet;
(vi) the method of delivery of the Goods so that the method of delivery is always indicated (with the possibility of the purchaser's choice, if applicable) for individual items of the Goods, where the choice of the offered methods is up to the purchaser and the chosen method of delivery cannot be subsequently changed without the consent of Praguekabinet;
(vii) the costs of the Goods delivery so that they are always indicated with the method of the Goods delivery, where the purchaser, by choosing the method of the Goods delivery, also chooses and agrees to the indicated costs to be paid for the delivery of the Goods;
(viii) the details of rights arising from defective performance and other conditions for the exercise of those rights as set out below in these T&Cs;
(ix) that Praguekabinet stores in digital and protected form the content of orders leading to the conclusion of a purchase contract with the purchaser, including personal and other data provided by the purchaser, and uses up-to-date technical measures corresponding to currently used common technical systems and safeguards for their protection; the purchaser is entitled at any time to request the information about the technical means currently in use and Praguekabinet shall disclose these to the purchaser upon request to the extent sufficient to inform the purchaser and not to compromise Praguekabinet's trade secrets and other confidential information;
(x) that the digital content of orders and other potential data stored by Praguekabinet is compatible with (and usable on) commonly used hardware, i.e. personal computers on Apple PC and Mac platforms, and software – commonly used office systems, i.e. in particular the Microsoft Office office suite – currently in use (in particular Word, Excel formats, etc.), Acrobat Reader (in particular PDF format), common Internet formats (html format). In accordance with the relevant legal regulations, Praguekabinet communicates the above-mentioned formats and names in an attempt to make the message understandable in a commonly used form;
(xi) the cost of the means of remote communication, so that there are no additional costs, fees, etc. associated with the use of the Website, except for the necessary costs of the Internet connection, which are borne by the purchaser depending on the Internet connection service used by them;
(xii) the possibility of withdrawal, so that the purchaser who is a consumer has the right to withdraw from the contract (unless otherwise stated below) within a period of fourteen days, starting from the date of the contract conclusion and, in the case of a purchase contract, from the date of acceptance: a) of the goods; b) of the last item of the goods, where the consumer orders more than one item of the goods in a single order, which are delivered separately; c) of the last item or part of a delivery of the goods consisting of several items or parts; or (d) of the first delivery of the goods, if the contract provides for regular deliveries of the goods for an agreed period; whereby such withdrawal may be made by any unequivocal statement made in person at the Praguekabinet shop, by telephone, by mail to the Praguekabinet registered office address or by sending an e-mail to the Praguekabinet e-mail address; alternatively, registered users may use the withdrawal form on the Praguekabinet Website. Consumers may not withdraw from the contract: a) for the provision of services if they have been provided in full; in the case of performance for consideration, only if the performance has begun with the prior express consent of the consumer before the expiry of the withdrawal period and Praguekabinet has instructed the consumer before the conclusion of the contract that the right to withdraw from the contract ceases upon the provision of the performance; b) for the delivery of goods or services, the price of which depends on the fluctuations of the financial market independent of the will of Praguekabinet and which may occur during the withdrawal period; c) for the delivery of alcoholic beverages, the price of which was agreed at the time of the contract with the proviso that delivery can only be made after thirty days and the actual value of which depends on market fluctuations independent of the will of Praguekabinet; d) for the delivery of goods made according to the consumer's requirements or adapted to their personal needs; e) for the delivery of perishable goods or goods with a short shelf life, as well as goods which, by their nature, have been irreversibly mixed with other goods after delivery; f) for urgent repairs or maintenance to be carried out at a place designated by the consumer upon the consumer's express request; however, this shall not apply to the carrying out of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance; g) for the delivery of goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after the packaging has been opened by the consumer (e.g. candles, face masks, etc.); h) for the delivery of an audio or visual recording or computer program in sealed packaging if the consumer has opened it; i) for the delivery of newspapers, periodicals or magazines, with the exception of contracts for the subscription to such newspapers, periodicals or magazines; j) for accommodation, carriage of goods, hire of a transport vehicle, catering or leisure activities if the contract is to be performed on a specific date or within a specific period of time; k) concluded on the basis of a public auction under another law, where the consumer may be physically present; or l) for the delivery of digital content that is not delivered on a tangible medium after the performance has commenced; in the case of performance for consideration, if the performance has begun with the prior express consent of the consumer before the expiry of the withdrawal period and the consumer has been informed that the right to withdraw from the contract ceases upon the provision commencement and Praguekabinet has issued an appropriate certificate thereof;
(xiii) that the purchaser is entitled to send complaints to Praguekabinet in any form and on any matter and Praguekabinet will deal with them and will do its best to resolve them; the purchaser may also address their complaints to a supervisory or state supervisory authority, which is (a) the Czech Trade Inspection Authority (www.coi.cz) - for consumer protection, (b) trade authorities (www.statnisprava.cz) - supervision over compliance with the obligations in the area of trade and services, (c) the Office for Personal Data Protection (www.uoou.cz) - protection of personal data, (d) out-of-court dispute resolution - in particular at https://adr.coi.cz/cs.; in the event that the parties do not agree on amicable resolution of their disputes, either of them may turn to the competent court;
(xiv) that the order will be stored electronically with Praguekabinet and that it will enable the purchaser to access it upon request;
(xv) that the order and other acts leading to the conclusion of the purchase contract and the Website are in the Czech language;
(xvi) that the conclusion of the purchase contract takes place through ordering the Goods via the Website, i.e. by filling in the necessary data in the order form and confirming the order;
(xvii) that in the event of detecting any errors in the course of entering data prior to the order confirmation by the purchaser, it is possible to correct such errors in the same manner as the incorrect data was entered;
(xviii) that Praguekabinet will post codes of conduct on the Website that are binding on it or that it voluntarily complies with; if the Website does not contain a code of conduct, there is no code of conduct binding on Praguekabinet for the time being;
(xix) that in the case of a pre-order of goods by the purchaser, the price of such goods is preliminary only. Therefore, the final price of the goods may vary. Praguekabinet shall inform the purchaser of the price change. The purchase price of the goods will be determined after the goods are stocked by Praguekabinet. Any difference between the estimated price paid and the purchase price shall be refunded or paid by the purchaser before delivery of the goods, unless the purchaser decides to cancel the pre-order. Praguekabinet reserves the right to change the delivery date for goods that can be pre-ordered. In the event of a substantial change in the delivery date (i.e. a change of 14 days), the purchaser has the right to withdraw from the contract. If the circumstances on which Praguekabinet relied at the time of pre-ordering the goods by the purchaser change to such an extent that it is not reasonably possible to require Praguekabinet to be bound by the pre-order, Praguekabinet shall be entitled to cancel the pre-order without further ado and subsequently inform the purchaser thereof;
(xx) that the purchaser is entitled to download from the Website, in addition to the submitted order, the present T&Cs in text form. If any provision of these T&Cs deviates from the statutory regulation of consumer protection, it shall be disregarded. The same shall apply if the purchaser waives any special right granted to them by law.
III.1. Through the e-shop on the Website, the purchaser has the opportunity to purchase the Goods offered by Praguekabinet and to enter into a purchase contract with Praguekabinet (hereinafter also referred to as the "Contract").
III.2. The purchase of Goods through the Website is offered by Praguekabinet within the scope of its retail activities and is not intended for the sale of Goods for the purpose of their resale within the scope of the purchaser's business activity. The purchaser who is an entrepreneur does not have the right to resell the delivered Goods.
III.3. The conclusion of the Contract between Praguekabinet and the purchaser occurs when the purchaser sends their order via a completed order form and when such order is confirmed by Praguekabinet.
III.4. In justified cases, especially in case of doubts regarding the accuracy or seriousness of the order, Praguekabinet is entitled to ask the purchaser to authorize the order. If the purchaser refuses to authorize the order or is uncontactable, the order shall be deemed not to have been placed.
III.5. In justified cases, Praguekabinet also allows the conclusion of the Contract by means of other means of remote communication than through the Website. In such a case, the Contract is only concluded when Praguekabinet and the purchaser agree on all its essential elements.
III.6. The purchaser is responsible for the accuracy and feasibility of the order. Praguekabinet shall not be liable for the fact that the purchaser does not receive the ordered Goods if the delivery operator delivers the Goods to another person at the delivery address provided by the purchaser, or if another person refuses to accept delivery of the Goods at such address. The cost of redelivery of the Goods shall be borne by the purchaser in such case.
III.7. Praguekabinet is entitled to use technical means to prevent robotic filling in of the order form.
III.8. If the purchaser orders Goods that are no longer in stock at Praguekabinet when the order is processed, Praguekabinet shall promptly notify the purchaser and, unless otherwise agreed, refund the paid price of the Goods.
III.9. The purchaser may cancel their order before the Goods are delivered, either by telephone at +420 212 241 410 on our workdays between 11:00 a.m. and 6:00 p.m., or electronically at info@praguekabinet.com. Cancellation of the order shall be construed as withdrawal from the purchase contract.
IV.1. By the purchase contract, Praguekabinet undertakes to hand over the Goods to the purchaser and to allow the purchaser to acquire ownership of the Goods, and the purchaser undertakes to accept the Goods and to pay Praguekabinet the purchase price.
IV.2. Praguekabinet shall hand over the Goods to the purchaser together with the documents relating to the Goods and allow the purchaser to acquire ownership of the Goods in accordance with the Contract.
IV.3. Praguekabinet shall fulfil its obligation to hand over the Goods to the purchaser if it allows the purchaser to dispose of the Goods at the place of performance and notifies the purchaser thereof in due time.
IV.4. If Praguekabinet is to ship the Goods, the Goods shall be deemed handed over to the purchaser (entrepreneur) upon their handover by Praguekabinet to the first carrier for their transportation to the purchaser, whereby Praguekabinet shall enable the purchaser to exercise their rights under the transportation contract against the carrier.
IV.5. Praguekabinet shall deliver the object of purchase to the purchaser in the agreed quantity, quality and design.
IV.6. If it is not agreed how the Goods are to be packed, Praguekabinet shall pack the Goods according to the customary practice; if none exists, then in a manner necessary for the preservation and protection of the Goods. Praguekabinet shall secure the Goods for transportation in the same manner. If the purchaser accepts the Goods from the carrier with damaged packaging, Praguekabinet shall thereby be excluded from liability for any damage suffered by the purchaser.
V.1. The purchase prices of the Goods listed on the Website are valid at the time of the Contract conclusion, are final and include VAT at the currently applicable rate.
V.2. The purchaser is obliged to pay the purchase price in the manner chosen by them, including the price for their chosen method of delivery of the Goods and the price for the chosen method of payment.
V.3. The purchase price shall be deemed to have been paid with regard to the chosen method of payment only upon its crediting to the account of Praguekabinet.
V.4. The purchaser acknowledges that there may be cases where no contract between Praguekabinet and the purchaser is concluded, in particular if the purchaser orders the Goods at a price published in error due to a mistake. In this case, Praguekabinet is entitled to withdraw from the purchase contract, even after the purchaser has received an e-mail confirming their order, of which Praguekabinet shall inform the purchaser. Examples where an incorrect price may be published include: a) the price of the Goods is incorrect at first glance (e.g. it does not take into account the buying price); b) there is one or more digits over or missing from the price of the Goods; c) the discount on the Goods exceeds 50% without the Goods being part of a special marketing campaign or sales promotion marked with a special symbol.
V.5. Praguekabinet reserves the right to declare the purchase contract null and void if there has been misuse of personal data, misuse of credit cards, etc., or due to an intervention of an administrative or judicial authority; the purchaser shall be notified of such action.
V.6. If the purchaser is purchasing goods from outside the European Economic Area, the goods may be subject to duties and taxes upon delivery, which the purchaser is responsible for paying.
VI.1 By entering into the Contract, the subject of which is a single original copyright work within the meaning of Section 2(1) of Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (the "Copyright Act"), as amended (hereinafter also referred to as the "Copyright Act" and the "Work"), Praguekabinet grants the purchaser an exclusive license within the meaning of Section 2371 of the Civil Code for private use of the Work and display of the Work in the purchaser's private premises. Praguekabinet does not grant any other license rights to the purchaser, unless Praguekabinet and the purchaser agree otherwise in writing. The licence is royalty-free and in particular does not entitle the purchaser to any reproduction of the Work within the meaning of Section 13 of the Copyright Act.
VI.2 If (i) the Work is resold for a purchase price of EUR 1,500 or more, (ii) such sale involves a gallery operator, auctioneer or any other person who deals in works of art on a regular basis (whether as a buyer, seller or intermediary) and (iii) the remaining conditions of Section 24 of the Copyright Act are met, the purchaser hereby acknowledges that the author of the Work is entitled to remuneration in accordance with Section 24 of the Copyright Act in conjunction with Annex 1 to the Copyright Act.
VI.3 For the purposes of Article VI.2 of these T&Cs, a Work shall mean a work of art, in particular a painting, drawing, painted work, collage, sculpture, engraving, lithograph or any other graphic work, photograph, tapestry, ceramics, glass and original jewellery, provided that they are made by the author themselves or are reproductions which are considered to be original works of art. Reproductions that are considered to be the original works of art are those reproductions that have been made in limited numbers by the author themselves or under their direction and are numbered, signed or otherwise duly declared by the author to be genuine. The right to remuneration under Article VI.2 of these T&Cs does not apply to architectural works represented by a building, works of applied art if they do not meet the characteristics of an original work of art, and manuscripts of composers and writers.
VII.1. Praguekabinet usually dispatches the Goods on the next workday after the conclusion of the Contract.
VII.2. The time limit for dispatch may be reasonably extended by Praguekabinet in the light of the circumstances, if such extension is due to force majeure or circumstances beyond its control.
VII.3. If Praguekabinet is unable to dispatch the Goods on time, it shall notify the purchaser without undue delay.
VII.4. In the case of picking up an order that has been paid in advance, Praguekabinet may require proof of identification (ID card or passport) in order to prevent damage and to avoid the laundering of proceeds of crime. Without the presentation of any of these documents, Praguekabinet may refuse to hand over the Goods. This entitlement arises from Section 2900 of the Civil Code, which stipulates the duty of precaution and prudence.
VII.5. The purchaser is obliged to check the condition of the shipment (number of packages, damage to the box) with the carrier immediately upon delivery according to the enclosed delivery note. The purchaser is entitled to refuse to accept a shipment that is not in conformity with the purchase contract, e.g. because the shipment is incomplete or damaged. If the purchaser accepts the damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report.
VII.6. To the extent permitted by law, Praguekabinet shall not be liable to the purchaser for delays in the delivery of the Goods or for damage to the Goods caused by the carrier, force majeure or circumstances not caused by Praguekabinet.
VIII.1. The Goods shall remain the property of Praguekabinet until full payment and acceptance, but the risk of damage to the Goods shall pass upon acceptance of the Goods by the purchaser.
VIII.2. The purchaser's billing information cannot be changed retroactively after the order has been submitted.
VIII.3 Praguekabinet reserves the right to offer the purchaser only selected payment methods at its sole discretion, which are payment by cash/card in the shop or by card online.
VIII.4 Pursuant to the Sales Registration Act, Praguekabinet is obliged to issue a receipt to the purchaser and at the same time is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
IX.1. Orders via the Internet shop of Praguekabinet can be placed 24 hours a day, 7 days a week.
IX.2. In the event of a failure of the information system or force majeure, Praguekabinet shall not be liable for non-compliance with the operating hours.
X.1. Consumers have the right to withdraw from the contract within fourteen days. The time limit under the first sentence shall commence from the date of the contract conclusion and, in the case of a purchase contract, from the date of receipt of: a) the goods; b) the last item of goods, if the consumer orders several items of goods in one order which are delivered separately; c) the last item or part of a delivery of goods consisting of several items or parts; or d) the first delivery of goods, if the contract provides for regular deliveries of the goods over an agreed period of time.
X.2. Praguekabinet allows the consumer to withdraw by completing and submitting the contract withdrawal form available through the link at the end of these T&Cs or by any unambiguous statement made to Praguekabinet. Praguekabinet shall confirm to the consumer without undue delay in writing the receipt of their withdrawal notice.
X.3. Withdrawal may also be made by mailing a notice to Praguekabinet, 110 00 Prague 1, Platnéřská 13.
X.4. If the consumer withdraws from the contract, they shall send or hand over the Goods to Praguekabinet, at the address 110 00 Prague 1, Platnéřská 13, without undue delay and no later than within fourteen days of withdrawal from the contract, at their own expense. Praguekabinet does not accept any unsolicited deliveries for cash on delivery or at its expense.
X.5. The consumer should return the Goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, including the original packaging, in the condition and value in which they were received.
X.6. Consumers may not withdraw from the contract:
for the provision of services if they have been provided in full; in the case of performance for consideration, only if the performance has begun with the prior express consent of the consumer before the expiry of the withdrawal period and Praguekabinet has instructed the consumer before the conclusion of the contract that the right to withdraw from the contract ceases upon the provision of the performance;
for the delivery of goods or services, the price of which depends on the fluctuations of the financial market independent of the will of Praguekabinet and which may occur during the withdrawal period;
for the delivery of alcoholic beverages, the price of which was agreed at the time of the contract with the proviso that delivery can only be made after thirty days and the actual value of which depends on market fluctuations independent of the will of Praguekabinet;
for the delivery of goods made according to the consumer's requirements or adapted to their personal needs;
for the delivery of perishable goods or goods with a short shelf life, as well as goods which, by their nature, have been irreversibly mixed with other goods after delivery;
for urgent repairs or maintenance to be carried out at a place designated by the consumer upon the consumer's express request; however, this shall not apply to the carrying out of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance;
for the delivery of goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after the packaging has been opened by the consumer (e.g. candles, face masks, etc.);
for the delivery of an audio or visual recording or computer program in sealed packaging if the consumer has opened it;
for the delivery of newspapers, periodicals or magazines, with the exception of contracts for the subscription to such newspapers, periodicals or magazines;
for accommodation, carriage of goods, hire of a transport vehicle, catering or leisure activities if the contract is to be performed on a specific date or within a specific period of time;
concluded on the basis of a public auction under another law, where the consumer may be physically present; or
for the delivery of digital content that is not delivered on a tangible medium after the performance has commenced; in the case of performance for consideration, if the performance has begun with the prior express consent of the consumer before the expiry of the withdrawal period and the consumer has been informed that the right to withdraw from the contract ceases upon the provision commencement and Praguekabinet has issued an appropriate certificate thereof.
X.7. The consumer is liable only for the reduction in value of the Goods resulting from resulting from handling with the Goods in any manner other than required in consideration of the nature and properties of the Goods.
X.8. If the consumer withdraws from the contract, the Praguekabinet shall return to the consumer without delay, no later than within fourteen days after the withdrawal, all monies received from the consumer under the contract in the same manner as the monies were received.
X.9. If the consumer withdraws from the contract, Praguekabinet is not obliged to refund the received monies to the consumer until the consumer returns the Goods or until the consumer proves that the Goods have been sent, whichever occurs earlier.
X.10. If the consumer has chosen any other than the least expensive method of the Goods delivery offered by Praguekabinet, Praguekabinet shall return to the consumer the costs of the Goods delivery in the amount corresponding to the least expensive offered method of the Goods delivery.
X.11. Praguekabinet may allow the purchaser who is an entrepreneur to withdraw from the purchase contract within 14 days. If the value of the purchased Goods exceeds CZK 50,000 incl. VAT, such withdrawal from the contract is not possible at all.
X.12. Except as provided by law, Praguekabinet is entitled to withdraw from the contract in the event of an obvious error in the price of the Goods.
X.13. The purchaser shall be liable for any diminution in the value of the Goods as a result of handling the Goods in a manner other than that necessary to acquaint themselves with the nature, characteristics and functionality of the Goods.
The purchaser can lodge claims with respect to the purchased Goods either directly at the Praguekabinet shop at Platnéřská 13, 110 00 Prague 1, or by sending them to post, together with the complaint form available at the end of these T&Cs. Under no circumstances send the claimed Goods on cash on delivery. Such shipments shall not be accepted. We shall process your claim as soon as possible, within thirty days of receipt at the latest.
XI.1. Praguekabinet shall be liable to the purchaser for the Goods being free of defects upon receipt. Praguekabinet is in particular liable to the purchaser for the following properties of the Goods at the time of their acceptance by the purchaser:
(i) the Goods correspond to the agreed description, type and quantity, as well as quality (taking into account the fact that the Goods are mainly handmade), functionality, compatibility, interoperability and other agreed characteristics;
(ii) the Goods are fit for the purpose for which the purchaser requires them and to which the seller has consented and for the purpose for which goods of that kind are normally used, including with regard to third party rights, legislation, technical standards or industry codes of practice where there are no technical standards;
(iii) the Goods are supplied with accessories and instructions for use, including assembly or installation instructions as agreed and as the purchaser may reasonably expect;
(iv) the Goods correspond in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind (in particular handmade goods) which the purchaser may reasonably expect, also taking into account public statements made by Praguekabinet or any other person in the same contractual chain, in particular advertising or labelling; and
(v) the Goods correspond, in terms of quality or craftsmanship, to the agreed sample or template, if such quality or craftsmanship was determined on the basis of an agreed sample or template.
XI.2. Praguekabinet shall not be bound by the public statement pursuant to Article XI.1 (iv) hereof if it proves that Praguekabinet was not aware of it or that it was modified at the time of the conclusion of the contract in a manner at least comparable to that in which it was made or that it could not have influenced the purchase decision.
XI.3. The provisions of Article XI.1 of these T&Cs regarding the purpose, characteristics, quantity or accessories of the Goods on the basis of usual expectations shall not apply if Praguekabinet has specifically notified the purchaser prior to the conclusion of the Contract that any of the characteristics of the Goods differ and the purchaser has expressly agreed to this when concluding the Contract.
XI.4. If the defect is manifested within twelve months of receipt, the item shall be deemed to have been defective upon receipt, unless the nature of the item or the defect precludes this. The aforementioned period does not run for the time during which the purchaser cannot use the item, if the defect has been rightfully pointed out.
XI.5 Praguekabinet is also liable to the purchaser for defects caused by incorrect assembly or installation, which was carried out by Praguekabinet or under its responsibility according to the Contract. This also applies if the assembly or installation was carried out by the purchaser and the defect is due to a deficiency in the instructions provided by Praguekabinet or the provider of the digital content or digital content service if the item has digital characteristics.
PURCHASER'S RIGHTS ARISING FROM DEFECTS
1. The purchaser is entitled to claim their rights on grounds of defects occurring in the Goods during the period of 24 months after their acceptance. This shall not apply (a) in the case of Goods sold at a lower price in respect of a defect for which the lower price has been agreed, (b) in respect of wear and tear caused by normal use, (c) in the case of used Goods in respect of a defect corresponding to the level of use or wear and tear which the Goods had when received by the purchaser, (d) if this results from the nature of the Goods and the agreement of the parties, or (e) in the case of Goods purchased by a purchaser who is an entrepreneur.
2. Praguekabinet shall confirm to the purchaser in writing to what extent and for how long its obligations in the event of defective performance shall continue. In the confirmation, it shall also state its name, registered office and identifying information and, if necessary, other information necessary to establish its identity and, if necessary, Praguekabinet shall explain in the confirmation in a comprehensible manner the content, scope, terms and duration of its liability and the manner in which the rights arising therefrom may be exercised. In the confirmation, Praguekabinet shall also state that the other rights of the purchaser relating to the purchase are not affected. Unless precluded by the nature of the Goods, the confirmation under this paragraph may be replaced by a proof of purchase of the Goods containing the above information.
3. If the Goods have a defect, the purchaser may demand its removal (i.e. repair of the Goods) or delivery of new Goods without defects (or a part of the Goods if the defect concerns only a specific part), unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect and whether the defect can be removed by the second method without significant difficulties for the purchaser, whereby Praguekabinet may refuse to remove the defect if it is impossible or unreasonably costly to do so, in particular with regard to the significance of the defect and the value that the item would have without the defect.
4. Praguekabinet shall remove the defect within a reasonable period of time after the defect has been pointed out so as not to cause significant inconvenience to the purchaser, taking into account the nature of the Goods and the purpose for which the purchaser bought the Goods. Praguekabinet shall take over the Goods at its own expense to remove the defect. If the dismantling of the Goods, the assembly of which was carried out in accordance with the nature and purpose of the Goods before the defect became apparent, requires it, Praguekabinet shall dismantle the defective Goods and assemble the repaired or new Goods or pay the costs thereof.
5. The purchaser may demand a reasonable discount or withdraw from the contract if: a) Praguekabinet has refused to remove the defect or has failed to remove it in accordance with Article XI.6 (a) (3) of these T&Cs; b) the defect is manifested repeatedly; c) the defect constitutes a material breach of the contract; or d) it is evident from Praguekabinet's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the purchaser. A reasonable discount shall be determined as the difference between the value of the Goods without defect and the defective Goods received by the purchaser. The purchaser may not withdraw from the contract if the defect in the Goods is insignificant, it being assumed that the defect is not insignificant. If the purchaser withdraws from the contract, Praguekabinet shall refund the purchase price to the purchaser without undue delay after it has received the Goods or after the purchaser proves that it has shipped the Goods.
6. Until Praguekabinet fulfils its obligations from the defective performance, the purchaser does not have to pay the outstanding purchase price or any part thereof.
7. The purchaser shall not enjoy the rights arising on grounds of defective performance if the purchaser knew, prior to the acceptance of the Goods, that there was a defect or if the defect was caused by the purchaser themselves.
8. If the Goods have a defect that makes Praguekabinet liable, and if the Goods are sold at a lower price or if they are used Goods, the purchaser has the right to a reasonable discount instead of the right to have the Goods replaced.
9. Rights arising on grounds of defect (claims) shall be exercised with Praguekabinet.
10. If the purchaser exercises its rights on grounds of defective performance (claims), Praguekabinet shall confirm in writing when such rights were exercised, as well as the performance of any repair and its duration.
11. The purchaser is required to notify Praguekabinet that the Goods are defective – to lodge a claim for the Goods without undue delay after the defect has been discovered (Praguekabinet is not liable for the defect/increase in the extent of the defect if the purchaser continued to use the Goods after the defect has been discovered/manifested itself). When notifying Praguekabinet of a defect – lodging a claim for the Goods, the purchaser shall inform Praguekabinet of the manner in which the defect is manifested and of their chosen method of handling the claim – exercising the right to claim for the defect in the Goods, provided that the choice of the right exercised cannot be changed unless otherwise agreed with Praguekabinet.
12. The place to lodge a complaint is the shop of Praguekabinet at 110 00 Prague 1, Platnéřská 13. In order to accelerate the communication, the purchaser shall mark the shipment containing the claimed Goods and the above-mentioned documents with the inscription "COMPLAINT – e-shop", as well as sufficient contact details, in particular their address and telephone number. Praguekabinet does not accept any unsolicited deliveries for cash on delivery or at its expense.
13. The purchaser is required to prove that the Goods were purchased from Praguekabinet and that the defect is claimed within the proper time limit. Without proof of these facts, Praguekabinet is not obliged to accept the claim.
14. For the assessment of defects and their processing, the purchaser is required to hand over the Goods so that the complaint can be assessed and processed.
15. Praguekabinet or its authorized employee shall decide on the claim immediately after the Goods have been duly submitted for assessment, in more complex cases within three working days. This time period shall not include an adequate time necessary for expert assessment of the defect, taking into consideration the type of the given Goods. Each complaint, including the defect removal, must be processed without undue delay, no later than within 30 days after having been lodged, unless Praguekabinet and the purchaser agree on a longer period of time.
16. Praguekabinet shall notify the purchaser of the settlement of the complaint by e-mail or SMS, if the purchaser has provided such contact details.
17. Praguekabinet shall automatically issue a written confirmation to the purchaser of when the right of liability for defects was exercised, what is the content of the claim and what method of handling the claim the purchaser requires, as well as the repair and the duration of the repair, or the method of handling the claim (including written justification for the rejection of the claim, if applicable).
18. If the Goods have been sent by shipping service, they will be automatically sent to the purchaser's address after the claim processing, otherwise they will be ready for collection at the place where the claim was lodged.
19. Should the purchaser fail to collect the claimed Goods within the specified period of time, Praguekabinet is entitled to charge the purchaser a storage fee in the corresponding amount.
20. In the case of a justified claim, the purchaser is entitled to reimbursement of the costs reasonably incurred in asserting the claim (including the cost of transporting the claimed Goods).
XII.1. The corresponding provisions of these T&Cs and, where applicable, the usual commercial procedures applicable to the exercise of the purchaser's rights, taking into account the protection of the purchaser as a consumer, shall apply mutatis mutandis to the enforcement of the purchaser's claims.
XII.2. Out-of-court settlement of consumer complaints shall be arranged by Praguekabinet through the e-mail address info@praguekabinet.com. The information on the processing of the purchaser's complaint shall be sent by Praguekabinet to the purchaser's e-mail address.
Praguekabinet, i.e. PhDr. Gabriela Pecićová, ID No. 71504770, place of business 130 00 Prague - Žižkov, Řehořova 973/7, operating a brick-and-mortar shop under the name Praguekabinet, at 110 00 Prague 1, Platnéřská 13, and also the Internet shop www.praguekabinet.com, as the personal data controller, hereby provides information regarding the manner and scope of personal data processing, including the scope of personal rights of the data subject related to the processing of their data by Praguekabinet.
Praguekabinet processes personal data in accordance with European Union law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 Q5/46/EC (General Data Protection Regulation; hereinafter referred to as "GDPR"), as well as in accordance with international treaties to which the Czech Republic is bound, in particular in accordance with the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data No. 108, promulgated under No. 115/2001 Coll. of Int. Treaties, and in accordance with relevant national legislation.
Definitions of the terms used:
1. personal data – personal data is any information relating to an identified or identifiable data subject; a data subject is deemed to be identified or identifiable if the data subject can be directly or indirectly identified;
2. data subject – a data subject is a natural person to whom the personal data relates;
3. data controller – a data controller is any entity that determines the purpose and means of personal data processing, carries out the processing and is responsible for it;
4. data processor – a data processor is any entity which, on the basis of a specific law or by virtue of a mandate from the data controller, processes personal data pursuant to this Act (GDPR);
5. recipient – a recipient is any entity to whom personal data is disclosed;
6. personal data processing – the processing of personal data is any operation or set of operations which the data controller or data processor carries out systematically with personal data, whether by automated means or by other means; the processing of personal data includes, in particular, the collection, storage on a storage medium, disclosure, adaptation or alteration, retrieval, use, transmission, dissemination, publication, retention, exchange, sorting or combining, blocking and liquidation;
7. public records – for the purposes of this document, a public record is (i) the public register pursuant to Act No. 304/2013 Coll., on Public Registers of Legal Entities and Individuals, as amended, i.e. the Federal Register, the Foundation Register, the Register of Institutions, the Register of Unit Owners' Associations, the Commercial Register and the Register of General Benefit Companies; (ii) and other registers within the meaning of Act No. 111/2009 Coll., on Basic Registers, as amended.
Purpose and scope of personal data processing:
Praguekabinet only processes accurate personal data that it has obtained in accordance with the GDPR, whereby Praguekabinet collects and processes this personal data only for the stated purpose, within the scope specified below, for the duration of the contractual relationship and subsequently for three years after its termination or for a period of one year if no contract is concluded.
Basic purposes of personal data processing:
• performance of a purchase contract with the data subject [Article 6(1)(b) of the GDPR] - e.g. processing of an order for goods, customer support, withdrawal from a contract, complaints;
• compliance with a legal obligation that applies to Praguekabinet [Article 6(1)(c) of the GDPR] - e.g. keeping records of tax documents;
• the purposes of Praguekabinet's legitimate interests [Article 6(1)(e) of the GDPR] - e.g. delivery of the newsletter to Praguekabinet customers (according to point 47 of the GDPR grounds, processing of personal data for direct marketing purposes can be considered as processing carried out for the legitimate interests of the data controller).
Scope of personal data processing:
Praguekabinet processes personal data within the following scope:
• In the case of sales in the brick-and-mortar shop, the shop is monitored by camera systems with online transmission and recording. The cameras are installed for prevention reasons and to clarify possible illegal activities. The operator of the camera system is Praguekabinet. The camera recordings are normally stored for 48 hours. If an unlawful act occurs within the monitored area, the police may be contacted and the records in question may be handed over to the relevant authority (police, court, etc.). In this case, the recordings are not deleted, but kept as evidence until the final conclusion of the case.
• In the case of sales in the e-shop, Praguekabinet processes personal data necessary for the delivery and billing of products, processing of withdrawal from the purchase contract and complaints, namely identification data (title, name, surname), address data (delivery address, possibly billing address), contact data (telephone number, email address, account number for refunding the purchase price).
Sources of personal data:
Praguekabinet obtains personal data exclusively from the data subject within the framework of contract negotiations.
Processors and recipients:
In addition to Praguekabinet and its employees, personal data may also be processed by Praguekabinet's data processors for the purposes described above on the basis of personal data processing agreements concluded in accordance with the GDPR. Praguekabinet's data processors are:
• Christian-Element, spol. s r. o., on whose platform Praguekabinet operates its e-shop;
• persons who provide legal services to Praguekabinet and other persons who provide or receive services in connection with the performance of Praguekabinet's contractual or statutory obligations.
Praguekabinet processes personal data both manually and automatically. The protection of personal data is technically and organizationally secured by Praguekabinet in accordance with the GDPR. Praguekabinet requires the same safeguards from personal data processors with whom it has concluded personal data processing agreements.
Praguekabinet informs that personal data may be transferred upon lawful request to third parties who have the legal authority to require such transfer of personal data.
Praguekabinet does not transmit personal data for marketing purposes of third parties. The personal data processed is neither transferred abroad nor accessible from abroad.
Rights of data subjects:
• Right to information: The data subject has the right at any time to request information about their personal data processed by Praguekabinet, their origin, the recipients or categories of recipients to whom the data has been transmitted, and the purpose of the personal data storage. In the case of a request for a copy of the personal data processed, reasonable administrative costs may be charged for any additional copies other than the first copy. This does not apply to information provided by electronic means.
• Right to withdraw consent: The consent given for the processing of personal data may be withdrawn by the data subject at any time without giving any reason, with effects for the future. In order to withdraw consent, it is sufficient to send an e-mail to info@praguekabinet.com or a notice to the postal address of the brick-and-mortar shop.
• Right to correction: The data subject may request that their inaccurate or incorrect personal data be amended.
• Right to deletion and restriction of processing: The data subject has the right to deletion and restriction of the processing of their personal data. In order to exercise this right, it is sufficient to send an e-mail to info@praguekabinet.com or a notice to the postal address of the brick-and-mortar shop. If the deletion would conflict with any statutory, contractual, fiscal, commercial-law retention obligations or other statutory grounds, it is possible to merely restrict the processing of the personal data instead of deleting it. The data subject shall be informed of the deletion or restriction of processing.
• Right to data transferability of personal data: Upon the data subject's request, Praguekabinet will provide the data subject with a copy in a commonly used format.
• Right to object: The data subject has the right to object at any time and without providing any reasons against the processing of their personal data for the purposes of direct marketing by Praguekabinet. In order to exercise this right, it is sufficient to send an e-mail to info@praguekabinet.com or a notice to the postal address of the brick-and-mortar shop. On this basis, the data subject shall be excluded from the direct marketing of Praguekabinet.
XIV.1. In the event of any disputes arising between the purchaser and Praguekabinet, Praguekabinet shall always endeavour to properly discuss and resolve such disputes to the mutual satisfaction of both parties. If this fails, the purchaser shall have the right to an out-of-court settlement of a consumer dispute arising from the contract for the sale of the Goods (hereinafter referred to as a "consumer dispute").
XIV.2. The Czech Trade Inspection Authority - www.coi.cz ("CTIA") is competent for the out-of-court settlement of consumer disputes arising from the sale of Goods.
XIV.3. The out-of-court settlement of a consumer dispute is initiated upon the purchaser's proposal to the CTIA, which must include the following:
(i) identification details of the parties to the dispute (the purchaser and Praguekabinet);
(ii) full and comprehensible statement of the relevant facts (what is in dispute);
(iii) specification of what the claimant (consumer) is seeking (e.g. refund of the purchase price, replacement of the goods, etc.);
(iv) the date on which the claimant first asserted the right in dispute with Praguekabinet (e.g. the first claim);
(v) a declaration that the matter has not been adjudicated by a court, an arbitral award has not been issued and an out-of-court settlement of the consumer dispute has not been reached between the parties, nor have any court proceedings, arbitration proceedings or out-of-court settlement of the consumer dispute been initiated under this Act č. 634/1992 Sb.
(vi) the date and signature of the claimant (consumer).
XIV.4. The proposal shall be accompanied with proof of the fact that the claimant has not been able to resolve the dispute directly (e.g. correspondence with Praguekabinet) and other documents proving the alleged facts, if available. The proposal shall further be accompanied with a power of attorney if the claimant is represented. The proposal may be submitted in particular in writing or orally on the record or electronically via the on-line form on the CTIA website, signed with a recognised electronic signature or sent via the data mailbox of the person submitting the proposal.
XIV.5. The claimant may file the proposal with the CTIA or another authorised body within one year from the date on which the claimant first exercised the right in dispute with the Praguekabinet.
XIV.6. The out-of-court settlement of a consumer dispute must be completed within 90 days of its initiation. In the case of particularly complex disputes, this time limit may be extended by a maximum of another 90 days.
XIV.7. The out-of-court settlement of consumer disputes ends with:
(i) the conclusion of an agreement between the parties to the dispute (voluntary);
(ii) unilateral declaration of the purchaser on termination of their participation in the dispute resolution, notified to the CTIA or the authorized body;
(iii) death, declaration of death, declaration of disappearance or dissolution of one of the parties to the dispute without a legal successor;
(iv) the expiry in vain of the time limit for the dispute resolution;
(v) rejection of the proposal (due to its defects).
XIV.8. The out-of-court settlement of consumer disputes is not subject to any fees. The costs of out-of-court settlement of consumer disputes are borne by the parties themselves.
XIV.9. The CTIA or an authorized body shall establish rules for the out-of-court settlement of consumer disputes, which shall regulate in more detail the procedure for the out-of-court settlement of consumer disputes in order to comply with the statutory rules.
XIV.10. If the out-of-court settlement of the consumer dispute fails, the purchaser can turn to the court.
XV.1. Cookies are short text files created by a web server and stored in your computer via the browser. When you return to the same website at a later time, the browser sends the stored cookie back and the server retrieves all the information it has previously stored for you.
XV.2. We use these files and information solely to improve and develop the services we offer and provide here.
XV.3. The principle of cookies makes it possible to distinguish individual users and store specific data about them. It is thanks to the cookie that the server knows what language setting you chose during your last visit or what login name to pre-fill into the form (it remembers it from your last visit). Cookies therefore facilitate personalization. You can disable the storage of cookies in your browser or delete them after the session, but you will lose the above-mentioned advantages in such case.
XV.4. By accessing the Website, the purchaser agrees to the storage of cookies on their computer.
XVI.1. The relations and any disputes arising under the contract shall be governed exclusively by the law of the Czech Republic and shall be settled by the competent courts of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.
XVI.2. The Contract is concluded in the Czech language. If a translation of the text of the Contract is produced for the needs of the purchaser, the interpretation of the Contract in the Czech language shall apply in the event of any dispute as to the interpretation of the terminology.
XVI.3. These T&Cs are valid in the wording posted on the Praguekabinet Website on the date of confirmation of the order, unless otherwise agreed in writing between the parties. If the order is sent after the date on which the T&Cs were changed, the T&Cs shall apply in the current version.
XVI.4. Praguekabinet is entitled to change these T&Cs at its discretion, provided that the change to the T&Cs shall always be published on the Website, or the T&Cs shall always be available on the Website in the current version. The T&Cs in force in previous periods will also be posted on the Website.