Obchodní podmínky

Jan Bláha

with registered office in Srbice 16, 339 01 Mochtín

identification number: 63915103

registered in the Commercial Register kept at the Regional Court in Pilsen, Section C, Insert "VLOZKA"

for the sale of goods via the on-line shop located at the Internet address https://shop.linefreecollection.cz

Introductory provisions

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the commercial company "Jan Bláha", with registered office at Srbice 16, 339 01 Mochtín, identification number: 63915103, registered in the Commercial Register kept at the Regional Court in Pilsen, Section C, Insert "VLOZKA" (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at https://shop.linefreecollection.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his business or profession when ordering goods.

Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.

The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Commercial Terms and Conditions are drawn up in the Czech language. The contract of sale may be concluded in the Czech language.

The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

User account

Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.

When registering on the website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.

Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

The Buyer is not entitled to allow third parties to use the user account.

The Seller may terminate the user account, in particular if the Buyer has not used his/her user account for more than 2 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.

Conclusion of the purchase contract

All presentation of the goods on the web interface of the shop is informative and the Seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732(2) of the Civil Code shall not apply.

The web interface of the shop contains information about the goods, including the prices of the individual goods. The prices of the goods are inclusive of value added tax (in the details of the goods). The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.

To order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:

the goods ordered (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the store)

the method of payment of the purchase price of the goods

details of the required method of delivery of the ordered goods

and information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order")

Before sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from entering data in the Order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").

Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).

The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.

The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.

Price of the goods and payment terms

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:

cash on delivery at the place specified by the Buyer in the order;

by wire transfer by payment in CZK to the Seller's account no.: "187489706/0300" , kept at "Československá obchodní banka, a.s." (hereinafter referred to as the "Seller's account");

by wire transfer by payment in Euro (EUR) to the Seller's account No.: "187760295/0300" IBAN "CZ58 0300 0000 0001 8776 0295" , maintained at "Československá obchodní banka, a.s." (hereinafter referred to as the "Seller's account");

Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.

In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment.

The Seller is entitled to require payment of the full purchase price before the goods are sent to the Buyer. Section 2119(1) of the Civil Code shall not apply.

Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

If it is customary in the course of business or if it is provided for by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer in respect of payments made under the purchase contract. The Seller shall be liable for value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in printed form to the Buyer together with the goods.

Withdrawal from the purchase contract

The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract of sale for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract of sale for the supply of perishable goods, as well as goods that are perishable, cannot be withdrawn from, among other things, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has damaged the original packaging.

The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract for the supply of perishable goods, as well as goods that are perishable, cannot be withdrawn from, among other things, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has broken the original packaging.

The right to withdraw from the purchase contract is the consumer's right under Section 1829 et seq. of the Civil Code. In this case, the sale is governed by the Civil Code (Act No. 89/2012 Coll.), however, the provisions on consumer contracts (distance contracts) are excluded.

Unless the case referred to in Article 5.1 or any other case in which the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address info@linefreecollection.cz.

In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of receipt of the returned goods, in cashless form to the Buyer's account or in another manner by mutual agreement. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller and the Seller inspects the goods.

The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

The seller is entitled to withdraw from the contract of sale at any time until the goods are accepted by the buyer. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.

If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

Transport and delivery of the goods

In the event that the method of transport is agreed upon at the specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.

If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery.

In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier.

Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

Handling of claims

Buyer - consumer: in accordance with the provisions of Section 2, paragraph 1, letter a) of Act No. 634/1992 Coll., on Consumer Protection, as amended, a consumer is a natural person who is not acting within the scope of his business activity or within the scope of his independent exercise of his profession. If the buyer is a consumer, the seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The company shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 30 days from the day following the filing of the complaint. The 30-day period may be extended after the claim has been made by agreement with the consumer - such extension shall not be for an indefinite or unreasonably long period. After the expiry of the period or the extended period, the defect shall be deemed to have actually existed and the consumer shall have the same rights as if it were a defect that could not be remedied.

Buyer - entrepreneur: If the buyer is an entrepreneur, the seller undertakes to decide on the complaint within 40 days from the date of the complaint. The business buyer will be informed of this decision by contact email.

The buyer will be notified of the defective performance rights by the buyer-operator of the purchase agreement.

The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of the legislation.

The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.

If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective on receipt.

The buyer shall assert the rights arising from the defective performance at the seller's business address, where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment of the claim.

Pursuant to Section 620 of the Civil Code, the warranty period is 24 months from the date of receipt of the goods. The trader should also specify in the warranty conditions under which circumstances the warranty is void. The terms should also state that the buyer has the right to have the seller restore the item to the condition of the purchase contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the buyer. If such procedure is not possible, the buyer may demand a reasonable discount on the price of the thing or withdraw from the contract.

Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's complaints procedure.

Other rights and obligations of the parties

The buyer acquires ownership of the goods by paying the full purchase price of the goods.

The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

Out-of-court handling of consumer complaints is handled by the Seller via the electronic address info@cacline.cz. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.

The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.

The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

Warranty and post-warranty repairs are carried out by the supplier of the products, C&C Líně spol. s r.o. at the address below. The product must be sent for repair clean and properly packed to avoid damage during transport. The cost of transport to the repair shop is borne by the customer. It is the responsibility of the supplier's professional staff to assess the cause of the defect or damage.

A prerequisite for warranty repair is the presentation of a duly completed warranty certificate, training certificate and proof of purchase. The warranty will not be granted if the product is not the property of the first owner.

Privacy Policy

The protection of personal data of the purchaser, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "personal data").

The Buyer agrees to the processing of the Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.

The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.

The Seller may delegate the processing of the Buyer's personal data to a third party processor. Apart from the persons transporting the goods, the personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.

Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

The purchaser confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.

In the event that the Buyer believes that the Seller or the Processor (Article 9.5) carries out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may:

ask the seller or processor for an explanation

require the seller or processor to remedy the situation

If the buyer requests information about the processing of his/her personal data, the seller is obliged to provide him/her with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information referred to in the preceding sentence, not exceeding the costs necessary to provide the information.

Further information on the protection of personal data and the processing of personal data can be found here

Sending commercial communications and storing cookies

The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.

The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the purchase agreement can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.

Further information on the storage of cookies can be found here

Delivery

The Buyer may be delivered to the e-mail address specified in his/her user account or specified by the Buyer in the order.

Final provisions

If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

The contract of sale, including the terms and conditions, shall be archived by the seller in electronic form and shall not be accessible.

A sample form for withdrawal from the contract of sale is attached to the terms and conditions.

Contact details of the Seller: delivery address - "Jan Bláha"., Srbice 16, 339 01 Mochtín, e-mail address info@linefreecollection.cz, telephone "TELEPHONE".

In Klatovy on 25.7.2022