Terms and Conditions
TERMS AND CONDITIONS OF THE COMPANY
Dr.nek s.r.o., with its registered office at Rodopská 3150, Praha 4, 140 00
company identification number: 09240314, we are VAT payers CZ09240314
registered in the Commercial Register kept by the Prague 4 Municipal District
Introductory provisions
1.1. In accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code"), these terms and conditions govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the "purchase contract") concluded between Dr-nek s.r.o., with its registered office at Rodopská 3150, Praha 4, 140 00, company identification number: 09240314, we are not VAT payers, registered in the Commercial Register kept by the Prague 4 Municipal District (hereinafter the "seller") and another natural person (hereinafter the "buyer") through the seller's online shop. The online shop is operated by the seller on a website located at the internet address wwwdr-nek.cz (hereinafter the "website"), through the website interface (hereinafter the "shop web interface").
1.2. These terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person who, when ordering the goods, is acting in the course of their business activity or in the course of their independent professional activity.
1.3. Provisions deviating from these terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
1.4. The provisions of these terms and conditions form an integral part of the purchase contract. The purchase contract and these terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.5. The seller may amend or supplement the wording of these terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous wording of these terms and conditions.
User account
2.1. On the basis of the buyer's registration carried out on the website, the buyer may access their user interface. From their user interface, the buyer may order goods (hereinafter the "user account"). Where the shop web interface allows it, the buyer may also order goods without registration, directly from the shop web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the data stated in the user account whenever they change. The data stated by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4. The buyer is not entitled to allow third parties to use the user account.
2.5. The seller may cancel the user account, in particular where the buyer has not used their user account for more than 2 years, or where the buyer breaches their obligations under the purchase contract (including these terms and conditions).
2.6. 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 parties' hardware and software equipment.
Conclusion of the purchase contract
3.1. All presentation of goods placed in the shop web interface is of an informative nature and the seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732(2) of the Civil Code does not apply.
3.2. The shop web interface contains information about the goods, including the prices of individual goods and the costs of returning the goods if, by their nature, they cannot be returned by ordinary post. The prices of the goods are stated including value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the shop web interface. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3. The shop web interface also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated in the shop web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer completes the order form in the shop web interface. The order form contains, in particular, information about:
3.4.1. The buyer "places" the goods ordered into the electronic shopping basket of the shop web interface.
3.4.2. Selects the method of payment of the purchase price of the goods and details of the required method of delivery of the ordered goods.
3.5. The information provided in the order is considered correct by the seller. Immediately upon receipt of the order, the seller shall confirm this receipt to the buyer by email, to the buyer's email address stated in the user account or in the order (hereinafter the "buyer's email address"). Before sending the order, the buyer is able to check the seller and to change the data entered into the order by the buyer, including with regard to the buyer's ability to detect and correct errors made when entering data into the order.
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, expected shipping costs), to ask the buyer for additional confirmation of the order (for example in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises upon acceptance of the order, which is sent by the seller to the buyer by email, to the buyer's email address.
3.8. The buyer consents to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer, and these costs do not differ from the basic rate.
Price of the goods and payment terms
4.1. The buyer may pay the seller the price of the goods and any costs associated with delivery of the goods under the purchase contract in the following ways:4;
- in cash at the premises of Dr.Nek s. r. o., Tyršova 2321, Benešov 256 01
- cash on delivery at the place designated by the buyer in the order (cash, card, depending on the options of the delivery company)
- by bank transfer to the seller's account in Czech currency, account no.2202127439/2010or in euros, account no.2802127440/2010 held with FIO Banka (hereinafter the "seller's account");
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall hereinafter also be understood to include the costs associated with delivery of the goods.
4.3. The seller does not require a deposit or any other similar payment from the buyer. This is without prejudice to the provision of Article 4.6 of these terms and conditions regarding the obligation to pay the price of the goods in advance.
4.4. In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6. The seller is entitled, in particular where the buyer does not provide additional confirmation of the order (Article 3.6), to require payment of the entire purchase price before the goods are dispatched to the buyer. Section 2119(1) of the Civil Code does not apply.
4.7. Any discounts on the price of the goods granted by the seller to the buyer cannot be combined with each other.
4.8. Where this is customary in business dealings or where so provided by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer in respect of payments made on the basis of the purchase contract. The seller dr-nek.cz s.r.o. is not a value added tax payer. The seller shall issue the tax document – invoice – to the buyer after payment of the price of the goods and shall send it in electronic form to the buyer's email address.
Withdrawal from the purchase contract
5.1. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been adjusted according to the buyer's wishes or for the buyer's person, from a purchase contract for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, and from a purchase contract for the supply of an audio or video recording or a computer program if the original packaging has been damaged.
5.2. Where this is not a case referred to in Article 5.1 or another case in which it is not possible to withdraw from the purchase contract, the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of taking delivery of the goods; where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of taking delivery of the last consignment of goods. The withdrawal from the purchase contract must be sent to the seller within the period stated in the preceding sentence. Address for sending: Dr.Nek s.r.o., Tyršova 2321, 256 01 Benešov.
5.3. In the event of withdrawal from the purchase contract under Article 5.2 of these terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract being delivered to the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by ordinary post due to their nature.
5.4. In the event of withdrawal from the contract under Article 5.2 of these terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of delivery of the goods, in the same manner in which the seller received them from 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 or proves that the goods have been sent to the seller.
5.5. The seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the buyer's claim for refund of the purchase price.
5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to an account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded subject to the resolutive condition that, if the buyer withdraws from the purchase contract, the gift contract in respect of such gift ceases to be effective and the buyer is obliged to return the gift provided to the seller together with the goods.
5.8. If the goods purchased in the seller's e-shop are an online (video) course, or a product of which an online (video) course forms part, the buyer waives the option of returning the goods at the moment the goods are taken over.
5.9. If a customer purchases or sends a deposit for an in-person course and is unable to attend the agreed course date, they are obliged to apologise properly by email (to the email address: monika.chrastilova@dr-nek.cz ) or in writing to the address Dr. Nek s. r. o., Tyršova 2321, Benešov 256 01, no later than one week before the course takes place. If the buyer of an in-person course fails to do so, the price of the course or the deposit is forfeited.
Transport and delivery of goods
6.1. Where the method of transport is agreed on the basis of a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If, under the purchase contract, the seller is obliged to deliver the goods to a place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. Where, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
6.4. When taking over the goods from the carrier, the buyer is obliged to check that the packaging of the goods is intact and to notify the carrier immediately of any defects. If damage to the packaging indicating unauthorised entry into the consignment is found, the buyer need not accept the consignment from the carrier.
6.5. If delivery of the goods by personal collection is chosen, it is necessary to wait for the seller to make contact. The seller will contact the buyer and inform them when the goods can be collected in person at the premises of Dr.Nek s.r.o., Tyršova 2321, 256 01 Benešov.
6.6. Further rights and obligations of the parties in the transport of goods may be governed by the seller's special delivery terms, if issued by the seller.
Rights arising from defective performance
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
7.2. The seller is liable to the buyer for the goods being free of defects upon receipt. In particular, the seller is liable to the buyer that, at the time the buyer took over the goods:
7.2.1. the goods have the characteristics agreed by the parties and, in the absence of an agreement, have such characteristics as the seller or manufacturer described or as the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, where the quality or workmanship was determined according to the agreed sample or model,
7.2.4. the goods are in the corresponding quantity, measure or weight
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions set out in Article 7.2 of these terms and conditions do not apply to goods sold at a lower price in respect of the defect for which the lower price was agreed, to wear and tear of the goods caused by their ordinary use, to second-hand goods in respect of a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or where this follows from the nature of the goods.
7.4. The buyer is entitled to exercise the right arising from a defect that appears in consumer goods within twenty-four months of taking over.
7.5. The buyer shall exercise rights arising from defective performance with the seller at the address Dr.Nek s.r.o., Tyršova 2321, 256 01 Benešov, where a complaint can be accepted with regard to the range of goods sold, or at the registered office or place of business. The moment a complaint is made is deemed to be the moment at which the seller received the goods complained of from the buyer.
7.6. Further rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaints procedure.
Further rights and obligations of the contracting parties
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.2. 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.
8.3. The seller handles out-of-court settlement of consumer complaints via the email address office@dr-nek.cz . The seller shall send information about the handling of the buyer's complaint to the buyer's email address.
8.4. The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out within its remit by the competent trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
Protection of personal data
9.1. The protection of the personal data of a buyer who is a natural person is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The buyer consents to the processing of the following personal data: first name and surname, date of birth, residential address, company identification number, tax identification number, email address, telephone number (hereinafter together the "personal data").
9.3. The buyer consents to the processing of personal data by the seller for the purposes of exercising the rights and obligations under the purchase contract and for the purposes of maintaining the user account. Unless the buyer chooses another option, the buyer also consents 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 full under this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4. The buyer acknowledges that they are obliged to state their personal data (when registering, in their user account, when placing an order from the shop web interface) correctly and truthfully, and that they are obliged to inform the seller without undue delay of any change in their personal data.
9.5. The seller may entrust the processing of the buyer's personal data to a third party as a processor. Apart from persons transporting the goods, personal data will not be passed on by the seller to third parties without the buyer's prior consent.
9.6. The personal data will be processed for an indefinite period. The personal data will be processed in electronic form by automated means or in printed form by non-automated means.
9.7. The buyer confirms that the personal data provided are accurate and that they have been informed that the provision of personal data is voluntary.
9.8. If the buyer believes that the seller or the processor (Article 9.5) is processing their personal data in a manner that is contrary to the protection of the buyer's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the buyer may:
9.8.1. ask the seller or the processor for an explanation,
9.8.2. request that the seller or the processor remedy the situation thus created.
9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to require reasonable compensation for providing the information under the preceding sentence, not exceeding the costs necessary to provide the information.
Sending of commercial communications and storage of cookies
10.1. The buyer consents to the sending of information relating to the goods, services or business of the seller to the buyer's email address and further consents to the sending of commercial communications by the seller to the buyer's email address.
10.2. The buyer consents to the storage of so-called cookies on their computer. If a purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without so-called cookies being stored on the buyer's computer, the buyer may withdraw the consent under the preceding sentence at any time.
Delivery of documents
11.1. Documents may be delivered to the buyer at the buyer's email address.
Final provisions
12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
12.2. If any provision of these 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 that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
12.3. The purchase contract, including these terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. The annex to these terms and conditions is a model form for withdrawal from the purchase contract.
12.5. Contact details of the seller:
Address for delivery: Dr.Nek s.r.o., Tyršova 2321, 256 01 Benešov
Email address: objednavky@dr-nek.cz
Telephone contact: 734 246 686
12.6. PLEASE NOTE: If you are purchasing for the purpose of running a business or as part of your independent professional activity (self-employed person), YOU ARE NOT A CONSUMER. It makes no difference whether or not you state a company identification number in the order, if the business purpose is apparent, for example, from the nature of the goods purchased or from the text of your order, or if the business use becomes apparent later during the complaint procedure. THE SELLER IS ENTITLED TO CLAIM FROM THE BUYER ANY DAMAGE INCURRED IN CONNECTION WITH THE UNJUSTIFIED EXERCISE OF CONSUMER RIGHTS OR CONSUMER BENEFITS (the option to withdraw from the contract without giving a reason, the length of the warranty, the speed of handling a complaint).The buyer is obliged to inspect the goods immediately after unpacking; otherwise the buyer loses the possibility of exercising rights arising from defects – making a complaint. The colour of the material of the goods may differ slightly from the photograph – this is not a reason for withdrawal from the purchase contract or for a complaint.
These terms and conditions take effect on 14 March 2022