Terms and Conditions

 

These general terms and conditions ("Terms") of the company Knihkupectví a antikvariát Fryč, s.r.o., with its registered office at Pražská 137/14, 460 01 Liberec, Czech Republic, ID number 03226701, registered in the Commercial Register under file No. C 35010/KSUL, kept by the Regional Court in Liberec, email info@knihyfryc.cz, phone number +420 485 105 243 ("We" or "Seller") regulate, in accordance with the provisions of § 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations between you as the buyer and us as the seller, arising in connection with or based on a purchase agreement ("Agreement") concluded through the E-shop on the website https://antikvariat-fryc.cz/.

All information about the processing of your personal data is contained in the Privacy Policy which you can find here.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are prepared in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the Terms.

 

As you are well aware, our primary mode of communication is remote. Therefore, for our Agreement, the means of distance communication have been utilized, allowing us to reach an agreement without simultaneous physical presence. The Agreement is concluded remotely through the E-shop environment, via the interface of the website ('web interface of the E-shop').

If any part of the Terms contradicts what we mutually agreed upon during the process of your purchase on our E-shop, this specific agreement will take precedence over the Terms.

 

I. SOME DEFINITIONS

 

 

II. GENERAL PROVISIONS AND INFORMATION

 

 

IV. USER ACCOUNT

1. Upon your registration within the E-shop, you can access your User Account.

2. During the registration of the User Account, it is your obligation to provide all requested information correctly and truthfully, updating it in case of any changes.

3. Access to the User Account is secured by a username and password. It is your responsibility to keep these access details confidential and not provide them to anyone. We do not bear any responsibility for their misuse.

4. The User Account is personal, and you are not authorized to allow its use by third parties.

5. We reserve the right to terminate your User Account, especially if it remains unused for more than two years or if you violate your obligations under the Contract.

6. The availability of the User Account may not be continuous, especially considering the necessary maintenance of hardware and software equipment.

 

V. PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

1. The price is always specified within the E-shop, in the Order proposal, and, of course, in the Contract. In case of a discrepancy between the price specified for the Goods within the E-shop and the price indicated in the Order proposal, the price stated in the Order proposal shall prevail, always identical to the price in the Contract. The Order proposal also includes the delivery price, or the conditions under which the delivery is free.

2. The total price, including VAT and all legally required fees, is stated.

3. Payment of the total price will be required from you after the conclusion of the Contract and before the transfer of the Goods. You can make the payment using the following methods:

   a) Bank transfer. Payment details will be provided in the Order confirmation. In the case of payment by bank transfer, the total price is due within 14 days.

   b) Online card payment. In this case, the payment is processed through the Shopet Pay payment gateway, and the payment is subject to the conditions of this gateway, available at: https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/. In the case of online card payment, the total price is due within 14 days.

   c) Cash on delivery. In this case, the payment occurs upon the delivery of the Goods. In the case of payment on delivery, the total price is due upon receiving the Goods.

   d) Cash or card upon personal pickup. Cash or card payment is possible when picking up the Goods at our physical store. In the case of payment in cash or by card upon personal pickup, the total price is due upon receiving the Goods.

4. An invoice will be issued in electronic form after the payment of the total price and will be sent to your email address. The invoice will also be physically attached to 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 received the Goods. In the case of payment by bank transfer, the total price is considered paid upon crediting to our account; in other cases, it is considered paid at the time of payment.

 

 

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

 

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

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

   a) It has the characteristics we agreed upon, and if not expressly agreed, then such characteristics that we have described in the description of the Goods, or those that can be expected with regard to the nature of the Goods;

   b) It is suitable for the purposes we have specified or for the purposes that are usual for Goods of this type;

   c) It corresponds to the quality or performance of an agreed sample if the quality or performance is determined according to a sample;

   d) It is in the appropriate quantity and weight;

   e) It meets the requirements imposed by law;

   f) It is not encumbered by the rights of third parties.

2. Rights and obligations regarding rights from defective performance are governed by applicable mandatory legal regulations (in particular, provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

3. In the event that the Goods have a defect, especially if any of the conditions under Article VII.1 are not met, you can notify us of such a defect and exercise the rights from defective performance (i.e., lodge a complaint about the Goods) by sending an email or letter to our address provided in our identification details. You can also use the sample form provided by us, which constitutes Annex No. 1 to the Terms, to submit a complaint. We will handle the complaint without undue delay, but no later than within 30 days of its receipt. The deadline may be extended by mutual agreement. If the deadline expires without resolution, you may withdraw from the Contract.

4. We will inform you by email about the handling of your complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must provide evidence of these costs, such as receipts or confirmations of transportation costs. The compensations will be as follows:

   a) Appropriate discount on the next order;

   b) Repair of the Goods;

   c) Exchange of the Goods;

   d) Refund of the money to your account.

5. If you are a business owner or a consumer, it is your obligation to report and object to a defect without undue delay after you could discover it, but no later than fourteen days from the takeover of the Goods.

6. The provisions regarding the right to defects will not apply to:

   a) Goods sold at a lower price for a defect for which the lower price was agreed;

   b) Wear and tear on the Goods caused by its normal use;

   c) Used Goods for a defect corresponding to the degree of use or wear that the Goods had when you took over the Goods;

   d) When it arises from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, i.e., termination of the contractual relationship between us and you from its beginning, may occur for reasons and in ways specified in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.

2. If you are a consumer, meaning a person buying Goods outside the scope of your business activities, you have the right to withdraw from the Contract without stating a reason within 14 days of receiving the Goods, in accordance with §1829 of the Civil Code. If we have entered into a contract covering several types of Goods or the delivery of several parts of the Goods, this period begins to run from the date of delivery of the last part of the Goods. In the case of a contract under which we will deliver Goods to you regularly and repeatedly, the period begins on the day of delivery of the first shipment. You can withdraw from the Contract in any verifiable way (in particular, by sending an email or letter to our addresses provided in our identification details). To withdraw, you can also use the sample form provided by us, which constitutes Annex No. 2 to the Terms.

3. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:

   a) Goods whose price depends on fluctuations in the financial market independently of our will and may occur within the withdrawal period;

   b) the supply of alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market independently of our will;

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

   d) Goods subject to rapid deterioration and Goods that have been irreversibly mixed with other items after delivery;

   e) Goods in a sealed package that you have removed from the package, and for hygienic reasons, it is not possible to return them;

   f) delivery of sound or visual recordings or computer programs if the original packaging has been violated;

   g) delivery of newspapers, periodicals, or magazines;

   h) delivery of digital content if it has not been delivered on a tangible medium and has been delivered with your prior explicit consent before the withdrawal period expires, and we have informed you that you have no right to withdraw from the Contract.

4. The withdrawal period under Article VIII.2 of the Terms is deemed preserved if you send us notice during this period that you are withdrawing from the Contract.

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

6. In the event of withdrawal from the Contract under Article VIII.2 of the Terms, you are obliged to send us the Goods within 14 days of withdrawal, and you bear the costs associated with returning the Goods to us. However, you are entitled to a refund of the transportation costs, but only up to the amount corresponding to the cheapest method of delivery of the Goods offered by us when delivering the Goods. In the event of withdrawal due to our breach of the concluded Contract, we also bear the costs associated with returning the Goods to us, but again, only up to the amount of the transportation cost corresponding to the cheapest method of delivering the Goods offered by us at the time of delivering the Goods.

7. You are liable for any damage caused to the Goods due to your handling of it other than necessary to handle it with regard to its nature and characteristics. We will charge you for the damage once the Goods are returned to us, and the maturity of the invoiced amount is 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 a refund.

8. We are entitled to withdraw from the Contract at any time before delivering the Goods if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiration of the period specified in Article VI.9 of the Terms. We may also withdraw from the Contract if it is evident that you have provided intentionally incorrect information in the Order. If you purchase goods as part of your business activities, as a business owner, we are entitled to withdraw from the Contract at any time, even without stating a reason.

 

 

IX. CONSUMER DISPUTE RESOLUTION

1. We are not bound to any codes of conduct concerning buyers within the meaning of § 1826 para. 1 letter e) of the Civil Code.

2. We handle consumer complaints via the email address info@knihyfryc.cz. Information about the resolution of the complaint will be sent to the buyer's email address.

3. The competent authority for out-of-court resolution of consumer disputes arising from the Contract is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer who is a consumer and entered into an electronic means of communication.

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 (Regulation on consumer ODR).

 

X. FINAL PROVISIONS

1. If our legal relationship with you contains an international element (for example, we will be sending goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights arising from legal regulations are not affected by this provision.

2. All written correspondence will be delivered to you via electronic mail. Our email address is provided in our identification details. We will deliver correspondence to the email address you provided in the Contract, in the User Account, or through which you contacted us.

3. The Contract can only be modified based on our written agreement. However, we are entitled to change and amend these Terms, but such a change will not affect already concluded Contracts, only those Contracts that will be concluded after the effectiveness of this change.

4. In the case of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational disruptions, failures of subcontractors, etc.), we are not liable for damage caused due to or in connection with cases of force majeure. If the force majeure situation lasts for more than 10 days, both we and you have the right to terminate the Contract.

5. Attached to these Terms are a sample complaint form and a sample withdrawal form from the Contract.

6. The Contract, including the Terms, is archived in electronic form with us, but it is not accessible to you. However, you will always receive these Terms and the Order Confirmation with a summary of the Order by email, so you will always have access to the Contract without our cooperation. We recommend always saving the Order Confirmation and the Terms.

These terms are effective from 1.1.2024.

 

 

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Attachment No.1 - COMPLAINT FORM

Recipient: Bookstore and Antiquarian Fryč, Prague 14, 46001 Liberec 1

CLAIM SUBMISSION

Date of Contract Conclusion:
First and Last Name:
Address:
E-mail address:
The goods that are being claimed:
Description of the defects of the goods:
Proposed method for handling the complaint or, if applicable, providing a bank account number for the discount:

Date:

Signature: 

 

 

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Attachment No. 2 - FORM FOR WITHDRAWAL FROM THE CONTRACT

Date of Contract Conclusion:
First and Last Name:
Address:
E-mail address:
Specification of Goods covered by the Contract:
Method for the refund of received funds, including the provision of a bank account number if applicable:

 

 

Date:

Signature:

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