These General Terms and Conditions (“Terms”) of the company Valentyn Khrystych, with its registered office at Divisova 881/3, ID No. 19296584, e -mail sales@datlex.cz, phone number +420 608 237 886 („We” or „Seller”) regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended („Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase contract („Contract”) concluded through the E-shop on the website www.datlex.cz.

All information about the processing of your personal data is contained in the Personal Data Processing Principles, which can be found here GDPR. 

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

As you surely know, we communicate primarily remotely. Therefore, for our Contract, it also applies that remote communication means are used, which enable us to agree without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the website interface (“E-shop web interface”).

If any part of the Terms contradicts what we have jointly approved within the process of your purchase on Our E-shop, this specific agreement shall prevail over the Terms.

 I. SOME DEFINITIONS

1. Price is the financial amount you will pay for the Goods;

2. Shipping Price is the financial amount you will pay for the delivery of the Goods, including the price for its packaging;

3. Total Price is the sum of the Price and the Shipping Price;

4. VAT is value added tax according to applicable legal regulations;

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

6. Order is Your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;

7. User Account is an account established based on the data provided by You, which allows for the storage of entered data and the history of ordered Goods and concluded Contracts;

8. You are the person shopping on Our E-shop, referred to by legal regulations as the buyer;

9. Goods is everything you can purchase on the E-shop.

 

II. GENERAL PROVISIONS AND INSTRUCTIONS

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

2. When purchasing Goods, it is Your duty to provide Us with all information correctly and truthfully. Therefore, the information you provided to Us when ordering Goods will be considered correct and truthful.

 

III. CONCLUSION OF THE CONTRACT

1. The Contract with Us can only be concluded in the Czech language.

2. The Contract is concluded remotely through the E-shop, with the costs of using remote communication means being borne by You. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e., mainly for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use remote communication means.

3. In order for Us to conclude the Contract, you must create an Order proposal on the E-shop. This proposal must contain the following data:

a) Information about the Goods being purchased (on the E-shop, you indicate the Goods you are interested in purchasing by clicking the "Add to cart" button);

b) Information about the Price, Shipping Price, method of payment of the Total Price, and desired method of delivery of the Goods; this information will be entered during the creation of the Order proposal within the E-shop user environment, and information about the Price, Shipping Price, and Total Price will be automatically displayed based on your selected Goods and delivery method;

c) Your identification and contact details serving for Us to deliver the Goods, specifically your name, surname, delivery address, phone number, and e-mail address;

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

4. During the creation of the Order proposal, you can change and check the data until it is created. After checking, by pressing the "Order binding with payment" button, you will create the Order. Before pressing the button, you must also confirm your familiarity with and agreement to these Terms, otherwise it will not be possible to create the Order. A checkbox serves for confirmation and agreement. After pressing the "Order binding with payment" button, all filled-in information will be sent directly to Us.

5. We will confirm Your Order as soon as possible after it is delivered to Us, by a message sent to your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on Our part, a Contract is concluded between Us and You. The Terms in the wording effective on the date of the Order form an integral part of the Contract.

6. There may also be cases where we will not be able to confirm Your Order. This mainly concerns situations where the Goods are not available or cases where you order a larger number of pieces of Goods than is allowed by Us. However, we will always provide you with information about the maximum number of Goods within the E-shop in advance, so it should not be surprising for you. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract is concluded when you confirm Our offer.  

7. If a clearly incorrect Price is stated within the E-shop or in the Order proposal, We are not obliged to deliver the Goods to you for this Price, even if you have received an Order confirmation and thus the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is concluded when you confirm Our offer. If you do not confirm Our offer within 3 days of its sending, we are entitled to withdraw from the concluded Contract. A clear error in the Price is considered, for example, a situation where the Price does not correspond to the usual price with other sellers or a digit is missing or redundant.

8. If a Contract is concluded, you incur an obligation to pay the Total Price.

9. If you have a User Account, you can place an Order through it. In such a case, however, you still have the obligation to check the correctness, truthfulness, and completeness of the pre-filled data. The method of creating an Order is identical to that of a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification data.

10. In some cases, we allow you to use a discount for the purchase of Goods. To provide the discount, you need to fill in the discount details in the pre-defined field within the Order proposal. If you do so, the Goods will be provided to you with a discount.

IV. USER ACCOUNT

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

2. When registering a User Account, it is your duty to accurately and truthfully provide all entered data and to update them in case of changes.

3. Access to the User Account is secured by a username and password. Regarding these access details, it is your duty to maintain confidentiality and not to provide these details to anyone. In case of their misuse, we bear no responsibility for it.

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

5. We may cancel your User Account, especially if you do not use it for more than 12 months, or if you breach your obligations under the Contract.

6. The User Account may not be available continuously, especially with regard to necessary hardware and software maintenance.

V. PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

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

2. The Total Price is stated including VAT and all fees stipulated by law.

3. We will require payment of the Total Price from you after the conclusion of the Contract and before the handover of the Goods. You can pay the Total Price using the following methods:

a) Bank transfer. We will send you payment information as part of the Order confirmation. In case of payment by bank transfer, the Total Price is due within 7 days.

b) Online card payment. In such a case, payment is made via the Shoptet Pay payment gateway, and the payment is governed by the terms of this payment gateway, which are available at: GENERAL TERMS AND CONDITIONS OF SHOPTET PAY SERVICES. In case of online card payment, the Total Price is due within 7 days.

c) Cash on delivery. In such a case, payment will be made upon delivery of the Goods against handover of the Goods. In case of cash on delivery payment, the Total Price is due upon receipt of the Goods.

d) Cash upon personal collection. Cash payment for Goods is possible upon collection at Our establishment. In case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.

4. The Invoice will be issued in electronic form after the Total Price has been paid and will be sent to your e-mail 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 pay the Total Price and take over the Goods. In case of payment by bank transfer, the Total Price is paid upon crediting to Our account; in other cases, it is paid at the moment of payment.

 

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

1. The Goods will be delivered to you by the method of your choice, from the following options:

a) Personal collection at Our establishment listed in the list of establishments;

b) Personal collection at pick-up points of Zásilkovna, Uloženka companies;

c) Delivery via transport companies Česká pošta, PPL CZ, DHL, Zásilkovna;

2. Goods can only be delivered within the Czech Republic.

3. The delivery time of the Goods always depends on its availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In case of personal collection at the establishment, we will always inform you about the possibility of picking up the Goods via e-mail.

4. After taking over the Goods from the carrier, it is your duty to check the integrity of the Goods' packaging and, in case of any defects, immediately notify the carrier and Us. In the event that there is a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, you are not obliged to take over the Goods from the carrier.

5. In the event that you breach your obligation to take over the Goods, with the exception of cases according to Art. VI.4. of the Terms, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, your failure to take over the Goods is not a withdrawal from the Contract between Us and You. However, in such a case, We have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Shipping Price, or the right to compensation for damages, if any arose.

6. If, due to reasons arising on your part, the Goods are delivered repeatedly or in a different way than agreed in the Contract, it is your duty to reimburse Us for the costs associated with this repeated delivery. We will send you the payment details for these costs to your e-mail address stated in the Contract, and they are due 14 days from the delivery of the e-mail.

7. The risk of damage to the Goods passes to you at the moment you take possession of them. In the event that you do not take possession of the Goods, with the exception of cases under Art. VI.4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take possession of them, but due to reasons on your part, the handover did not occur. The transfer of the risk of damage to the Goods means for you that from this moment on, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods.

8. In the event that the Goods were not listed as in stock in the E-shop and an indicative availability period was stated, we will always inform you in case of:

a) an extraordinary production outage of the Goods, whereby we will always inform you of the new expected availability period or information that it will not be possible to deliver the Goods;

b) delay in the delivery of the Goods from Our supplier, whereby we will always inform you of the new expected delivery time.

9. In the event that we are unable to deliver the Goods to you even within 30 days from the expiration of the delivery period stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time of the transfer of risk of damage to the Goods according to Art. VI.7 of the Terms, the Goods are free of defects, especially that:

a) it has the properties that we have agreed with you, and if not expressly agreed, then such properties as we have stated in the description of the Goods, or such as can be expected given the nature of the Goods;

b) it is suitable for the purposes we have stated or for purposes that are customary for Goods of this type;

c) it corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;

d) it is in the appropriate quantity and weight;

e) it meets the requirements placed on it by legal regulations;

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

2. Rights and obligations regarding rights from defective performance are governed by relevant generally binding legal regulations (especially provisions § 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. If the Goods have a defect, i.e., if any of the conditions according to Art. VII.1 are not met, you can notify Us of such a defect and exercise your rights from defective performance (i.e., complain about the Goods) by sending an e-mail or letter to Our addresses stated in Our identification data. For complaints, you can also use the sample form provided by Us, which forms Appendix No. 1 of the Terms. When exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice, with the exception of cases according to Art. 7.4, without Our consent. We will process the complaint in accordance with your exercised right from defective performance. If you do not choose a defect resolution, you have the rights listed in Art. 7.5 even in situations where the defective performance was a material breach of the Contract.

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

a) to have the defect removed by delivering new Goods without defects, or by delivering the missing part of the Goods;

b) to have the defect removed by repairing the Goods;

c) to a reasonable discount from the Price;

d) to withdraw from the Contract.

If you choose a solution according to points a) or b) and We do not remove the defect in a reasonable time, which we stated, or We inform you that we will not remove the defect in this way at all, you have the rights according to points c) and d), even if you did not originally request them as part of the complaint. At the same time, if you choose to remove the defect by repairing the Goods and We find that the defect is irreparable, we will inform you and you can choose another method of removing the defect.

5. If the defective performance is a minor breach of the Contract, you have the following rights:

a) to have the defect removed by delivering new Goods without defects, or by delivering the missing part of the Goods;

b) to have the defect removed by repairing the Goods;

c) to a reasonable discount from the Price.

However, if we do not remove the defect in time or refuse to remove the defect, you acquire the right to withdraw from the Contract. You can also withdraw in cases where you cannot properly use the Goods due to repeated occurrences of defects after repair of the Goods or due to a larger number of defects in the Goods.

6. In case of both material and minor breach, you cannot withdraw from the Contract, nor demand the delivery of a new item, if you cannot return the Goods in the state in which you received them. However, this does not apply in the following cases:

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

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

c) if the impossibility of returning the Goods in an unchanged state was not caused by your action or omission,

d) if you sold, consumed, or altered the Goods in the course of ordinary use before the defect was discovered; however, if this occurred only partially, it is your duty to return the part of the Goods that can be returned, and in such a case, the part of the Price corresponding to your benefit from the use of part of the Goods will not be returned to you.

7. Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it, and the estimated duration of the complaint resolution. We will resolve the complaint without undue delay, but no later than 30 days from its receipt. The period may be extended by our mutual agreement. If the period expires in vain, you may withdraw from the Contract.

8. We will inform you about the resolution of the complaint by e-mail. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. These costs must be proven by you, e.g., by receipts or confirmations of the shipping price. In the event that the defect was removed by delivering new Goods, it is your duty to return the original Goods to Us, but the costs of this return are borne by Us.

9. If you are an entrepreneur, it is your duty to notify and claim a defect without undue delay after you could have discovered it, but no later than three days after taking over the Goods.

10. If you are a consumer, you have the right to claim rights from defective performance for a defect that occurs in consumer Goods within 24 months of taking over the Goods.

11. The provisions regarding the right from defects do not apply in the case of:

a) Goods sold for a lower Price, for a defect for which a lower Price was agreed;

b) wear and tear of the Goods caused by its ordinary use;

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

d) when it results from the nature of the Goods.

 

VIII. WITHDRAWAL FROM THE CONTRACT

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

2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without stating a reason within 14 days from the date of delivery of the Goods, in accordance with the provisions of Section 1829 of the Civil Code. If we have concluded a Contract whose subject is several types of Goods or the delivery of several parts of Goods, this period begins to run only on the day of delivery of the last part of the Goods, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it begins to run on the day of delivery of the first shipment. You can withdraw from the Contract in any verifiable way (especially by sending an e-mail or letter to Our addresses stated in Our identification data). For withdrawal, you can also use the sample form provided by Us, which forms Appendix No. 2 of 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 during the withdrawal period;

b) delivery of alcoholic beverages that may be delivered only after thirty days have passed and their Price depends on fluctuations in the financial market independent of Our will;

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

d) Goods that are subject to rapid spoilage and Goods that have been irrevocably mixed with others after delivery;

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

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

g) delivery of newspapers, periodicals, or magazines;

h) delivery of digital content if it has not been supplied on a tangible medium and has been supplied with your prior express consent before the expiration of the withdrawal period and We have informed you that you do not have the right to withdraw from the Contract.

4. The withdrawal period according to Art. VIII.2 of the Terms is considered to be observed if you send Us a notification that you are withdrawing from the Contract during this period.

5. In case of withdrawal from the Contract, the Price will be returned 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 withdrawal from the Contract. However, the amount will not be returned sooner than you return the Goods to Us or prove that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.

6. In case of withdrawal from the Contract according to Art. VIII.2 of the Terms, you are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to have us return the Shipping Price to you, but only up to the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In case of withdrawal due to Our breach of the concluded Contract, we also cover the costs associated with returning the goods to Us, but again only up to the amount of the Shipping Price corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods.

7. You are liable to Us for damages in cases where the Goods are damaged as a result of your handling them otherwise than is necessary with regard to their nature and properties. In such a case, we will charge you for the caused damage after the Goods are returned to Us, and the due date of the invoiced amount is 14 days. If we have not yet returned the Price to you, we are entitled to set off the claim for costs against your claim for the return of the Price.

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

 

IX. RESOLUTION OF DISPUTES WITH CONSUMERS

1. We are not bound by any codes of conduct in relation to buyers within the meaning of the provisions of Section 1826 (1) (e) of the Civil Code.

2. We handle consumer complaints via the e-mail address sales@datlex.cz. Information on the resolution of the complaint will be sent to the buyer's e-mail address.

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

4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution).

 

X. FINAL PROVISIONS

1. If Our and Your legal relationship contains an international element (i.e., for example, we will send 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 consumers, your rights arising from legal regulations are not affected by this agreement.

2. All written correspondence with you will be delivered by electronic mail. Our e-mail address is stated in Our identification data. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account, or through which you contacted us.

3. The Contract can only be changed on the basis of our written agreement. However, we are authorized to change and supplement these Terms; this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effectiveness of this change. However, we will inform you about the change only if you have a User Account created (so that you have this information if you order new Goods, but the change does not establish a right of termination, as we do not have a concluded Contract that could be terminated), or if we are to deliver Goods to you regularly and repeatedly based on the Contract. We will send you information about the change to your e-mail address at least 14 days before the effective date of this change. If we do not receive a notice of termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new terms become part of our Contract and will apply to the next delivery of Goods following the effective date of the change. The notice period in case you give notice is 2 months.

4. In case of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both We and You have the right to withdraw from the Contract.

5. Attached to the Terms is a sample form for complaints and a sample form for withdrawal from the Contract.

6. The Contract, including the Terms, is archived in electronic form by Us, but it is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by e-mail, and thus you will always have access to the Contract even without Our cooperation. We recommend always saving the Order confirmation and the Terms.

7. These Terms become effective on August 23, 2024.

 

 

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APPENDIX NO. 1 - COMPLAINT FORM

Addressee:                 Valentyn Khrystych

Complaint Submission

Date of Contract conclusion:
Name and surname:
Address:
E-mail address:
Goods being complained about:
Description of Goods defects:
Proposed method for complaint resolution, or bank account number for discount provision:

At the same time, I request the issuance of a confirmation of the complaint submission, stating when I exercised this right, the content of the complaint together with my claim, including the date and method of complaint resolution.

 

Date:

Signature: 

 

 

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APPENDIX NO. 2 - FORM FOR WITHDRAWAL FROM CONTRACT

Addressee:                  Valentyn Khrystych

I hereby declare that I am withdrawing from the Contract:

Date of Contract conclusion:
Name and surname:
Address:
E-mail address:
Specification of Goods to which the Contract applies:
Method for returning received financial means, or bank account number:

 

If the buyer is a consumer, they have the right, in case they ordered goods through the e-shop of Valentyn Khrystych ("Company") or another means of distance communication, except for cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of taking over the goods, without stating a reason and without any penalty. The buyer shall notify the Company of this withdrawal in writing to the Company's registered office address or electronically to the email address provided in the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, they shall send or hand over to the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract, the goods they received from it.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to them without undue delay, no later than 14 days from the withdrawal from the purchase contract, all financial means (purchase price of the delivered goods) including delivery costs that it received from them based on the purchase contract, in the same manner. If the buyer chose a different method of delivery than the cheapest one offered by the Company, the Company shall return to the buyer the costs of goods delivery only up to the amount corresponding to the cheapest offered method of goods delivery. The Company is not obliged to return the received financial means to the buyer before the buyer hands over the goods to it or proves that the goods have been sent to the Company.

 

Date:

Signature:

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