> Terms and conditions of use

These Terms and Conditions apply when you purchase at www.piercing-factory.cz, operated by Petr Buček, with headquarters Nádražní 256, Sudoměřice, ZIP 69666, ID 76393429.


1. INTRODUCTORY PROVISIONS

1.1. These Terms of Business (hereinafter referred to as the "Terms of Business") govern the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another person or entity via the Seller's Internet Store. The e-shop is operated by the seller at www.piercing-factory.cz through the web interface (hereinafter referred to as the "web interface of the store").

1.2. The Business Terms also govern the rights and obligations of the parties in using the Seller's Website located at (www.piercing-factory.cz) and other related legal relationships. Business terms do not apply to cases where a person who intends to buy goods from a seller acts when ordering goods in the course of their business.

1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.

1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.


2. USER ACCOUNT

2.1. Based on buyer registration made on a website, buyers can access their user interface. From the user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on a website and when ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. The buyer's details on the user account and the ordering of the goods are considered correct by the seller.

2.3. Access to the user account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not liable for breach of this obligation by the buyer.

2.4. Buyer is not authorized to allow the use of a user account to third parties.

2.5. The seller may cancel the user account, especially when the buyer does not use his user account for longer or if the buyer violates his obligations under the purchase contract (including business terms).

2.6. The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, Necessary maintenance of hardware and software of third parties.


3. CLOSING OF THE BUILDING AGREEMENT

3.1. The web interface of the store includes a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the goods offered are listed including VAT and all related fees. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated terms. All offers for the sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.

3.2. The store's web interface also includes information on the cost of packing and delivering goods. Information on the costs associated with the packaging and delivery of goods contained in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.

3.3. To order the goods, the buyer completes the order form in the web interface of the store. In particular, the order form contains information about:

- ordered goods (ordered goods "put" buyers 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 delivery method of ordered goods and

- information on the costs associated with the supply of goods (collectively referred to as the "order").

3.4. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer placed in the order, even with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the "" button. The details given in the order are considered correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail to the buyer's email address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
3.5. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).

3.6. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance) received by the seller to the buyer by e-mail to the buyer's e-mail address.

1.7. The Buyer acknowledges that the seller is not obliged to enter into a sales contract, especially with persons who have previously substantially violated the sales contract (including business terms).

1.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.

4. PRICE OF GOODS AND PAYMENT CONDITIONS

4.1. The buyer may pay the buyer the following goods in the following manner: • the price of the goods and any costs associated with the delivery of the goods under the purchase contract:

- cash in cash at the place specified by the buyer in the order (in the future, we expect more than one method).

4.2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate.Unless stated otherwise, the purchase price and the costs associated with the delivery of the goods are further understood.

4.3. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 7 days of the purchase contract being concluded.

4.4. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.

4.5. Seller is entitled, in particular, if the buyer does not receive an additional order confirmation (clause 3.5), request payment of the full purchase price before the goods are dispatched to the buyer.

4.6. Any discounts on the price of goods provided by the seller to the buyer can not be combined.

4.7. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax invoice - invoice to the buyer in respect of payments made under the purchase contract. The seller is a VAT payer. The invoice shall be issued by the seller to the buyer after payment of the price of the goods and sent to him in electronic form at the buyer's electronic address.

5. TERMINATION OF THE BUYER'S CONTRACT

5.1. The Purchaser acknowledges that, in accordance with the provisions of Section 53 (8) of Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible, inter alia, to withdraw from the Purchase Contract for Goods Buyer's wishes, as well as goods that are subject to rapid perish, wear or obsolescence, a purchase contract for the supply of audio and video recordings and computer programs, if the consumer has infringed their original packaging and the purchase agreement for the delivery of newspapers, periodicals and magazines.

5.2. If the case is not referred to in Article 5.1 or in another case when the purchase contract can not be withdrawn, the buyer has to withdraw the right to withdraw from the purchase contract in accordance with Section 53 (7) of the Civil Code, within 14 daysFrom receipt of the goods. Withdrawal from the sales contract must be delivered to Seller within 14 (fourteen) days of receipt of the Goods. Withdrawal from the purchase contract may be made by the buyer, inter alia, to the address of the seller's premises or to the e-mail address of the seller - Sadová 1870, Strážnice 69662.

5.3. In the event of withdrawal under Article 5.2 of the Business Terms, the Purchase Agreement is abolished from the outset. The goods must be returned to the seller within 14 business days of dispatch of the withdrawal to the seller. Goods must be returned to the seller undamaged and unused and, if possible, in the original packaging.

5.4. Within fifteen (15) days of returning the goods to Buyer in accordance with Article 5.3 of the Terms of Business, the seller is entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.
5.5. In the event of withdrawal under Article 5.2 of the Terms and Conditions, the Seller shall return the Purchase Price to the Purchaser within ten (10) days from the end of the period for reviewing the Goods under Article 5.4 of the Terms and Conditions, but no later than thirty (30) days from the delivery of the withdrawal of the Purchase Contract , By wire transfer to the buyer's account. The seller is also entitled to return the purchase price in cash when the buyer returns the goods.

5.6. The Buyer notes that if goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to the buyer's claim for damages to him. The Seller is entitled to indemnify one party against the buyer's claim for repayment of the purchase price.

5.7 In the case of a claim (exchange), we only accept piercings not valued and unused. For hygienic reasons, we can not accept worn goods damaged by their own fault or broken.

5.8 The Buyer acknowledges that the claim can not be sent to the seller for cash on delivery.

6. TRANSPORTATION AND SUPPLY OF GOODS

6.1. The method of delivery of the goods is determined by the seller, unless stipulated otherwise in the sales contract. If the mode of transport is agreed upon by the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery. If the buyer does not accept the goods when delivered, the seller is entitled to claim a storage fee of CZK 100 (in words: one hundred Czech crowns) or the seller is entitled to withdraw from the purchase contract.

6.3. If the buyer is required to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. Costs associated with another delivery method.

6.4. Upon receipt of the goods from the transporter, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier without delay. In the event of a violation of the package indicating unauthorized entry into the consignment, the buyer is not required to take delivery of the consignment from the carrier. By signing the delivery note, the buyer confirms that the shipment of the consignment containing the goods was intact.

6.5. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.

In the event of withdrawal under Article 5.2 of the Business Terms, the Purchase Agreement is abolished from the outset. The goods must be returned to the seller within working days of the dispatch of the contract of withdrawal to the seller. Goods must be returned to the seller undamaged and unused and, if possible, in the original packaging.

7. LIABILITY FOR WARRANTY, WARRANTY

7.1. The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by the relevant generally binding regulations (in particular the provisions of §612 et seq. Of the Civil Code).

7.2. The seller is responsible to the buyer for the fact that the item sold is in conformity with the sales contract, in particular that it is defective. By agreement with the sales contract is meant that the sold thing has the quality and utility properties required by the contract requested by the seller, the manufacturer or its representative, or the expected advertising, or the quality and utility properties of such a thing, as usual, that meets the requirements of the legislation , It is in the appropriate quantity, degree or weight and corresponds to the purpose which the seller states for use or for which the thing is usually used.

7.3. If the goods are not in conformity with the Purchase Agreement ("Contracts with the Purchase Agreement"), the buyer has the right to bring the item free of charge and without undue delay to the condition corresponding to the Purchase Contract, as required Buyer either by replacing the item or by repairing it; If such a procedure is not possible, the buyer may require a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew, before the takeover of the case, about the contradiction with the purchase contract or caused the contradiction with the purchase contract. A conflict with a sales contract that occurs within six (6) months from the date of receipt of the item shall be deemed to be a contradiction existing at the time of its acceptance unless it is inconsistent with the nature of the thing or unless otherwise proven.

7.4. If the goods are not damaged or used, then the seller is responsible for defects that will appear as a conflict with the purchase agreement after taking over the item in the warranty period (warranty).

7.5. Buyer's rights arising from seller's liability for defects, including the seller's warranty, are claimed by the buyer at the seller's address at Petr Buček, Nádražní 256, Sudoměřice 69666. The moment of claiming is the moment when the seller received the goods complained of from the buyer.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. Buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. Buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are copyrighted. Buyer undertakes not to engage in any activity that could allow him / her or third parties to tamper with or use the software or other components that make up the web interface of the shop.

8.3. Buyers are not authorized to use mechanisms, software, or other procedures that could negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store can only be used to the extent that it does not detract from the rights of the other customers of the seller and is in accordance with its intended purpose.

8.4. The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 53a (1) of the Civil Code.

8.5. The Buyer acknowledges that Seller is not responsible for any errors resulting from third-party attacks on a website or the use of a website contrary to their designation.

9. PROTECTION OF PERSONAL DATA AND SENDING BUSINESS INFORMATION

9.1. Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.

9.2. Buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number, and all other information provided when registering a new user at http: //www.piercing-factory. Cz / cs / login (collectively, all as "personal data").

9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement, for the purposes of maintaining the User Account and for the purpose of sending information and commercial communications to the Purchaser.

9.4. The buyer acknowledges that he is required to state his / her personal data (when registering, in his / her user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his / her personal data without undue delay.

9.4. The vendor may process the buyer's personal data to a third party as processor. In addition to persons transporting goods, personal data will not be passed on to the third party by the seller without the buyer's prior consent.

9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.

9.7. Buyer acknowledges that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal information.

9.8. In the event that the buyer believes that the seller or processor (Article 9.5) carries out the processing of his or her personal data contrary to the protection of the buyer's private and personal life, or in contravention of the law, especially if personal data are inaccurate with respect to For the purpose of their processing, may:

9.8.1. Ask the seller or processor for an explanation,

9.8.2. Require the seller or processor to remove the resulting condition. In particular, it may be blocking, repairing, adding or deleting personal information. If the buyer's request under the previous sentence is found to be justified, the seller or processor shall immediately remove the defective condition. If the seller or processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the purchaser's right to contact the Office for Personal Data Protection directly with his complaint.

9.9. If the buyer asks for information about the processing of his or her personal data, the seller is required to pass on this information. The Seller has the right to provide information under the preceding sentence for a reasonable reimbursement not exceeding the costs necessary to provide the information.

The buyer agrees to send information related to the seller's goods, services or business to the buyer's electronic address and agrees to send the sales announcements to the buyer's electronic address

10. FINAL PROVISIONS

10.1. If the relationship related to the use of the website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.

10.2. Seller is authorized to sell goods on the basis of a trade license, and the seller's business is not subject to any other authorization. The trade license is carried out within the scope of its competence by the relevant trade licensing office.
10.3. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be enforced as to the closest possible approximation of the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require written form.

10.4. The Purchase Agreement, including the Business Terms and Conditions, is archived by the Seller in electronic form.

10.5. Contact details of the seller: Petr Buček, Nádražní 256, Sudoměřice 69666, Phone: +420 724 092989, e-mail: info@piercing-factory.cz.