Terms & Conditions
These terms and conditions define and specify rights and obligations of the buyer and seller. They are valid in the event of purchase on the Pampeli online store.
1.1 These terms and conditions (hereinafter „terms and conditions“) were issued by trading company PAMPELI, s.r.o., based in: U studánky 250/3, Holešovice, 170 00 Praha 7 (hereinafter „seller“) adjusted in accordance with the provisions of § 1751 sect. 1 Law. no . 89/2012 of the civil code (hereinafter „Civil code“) mutual rights and obligations of the parties arising in connection with or according to a purchase contract (hereinafter „purchase contract“) concluded between the seller and any other physical person (hereinafter „buyer“) through the seller's online store. The online store is operated by the seller on a Web page on the Internet at www.pampeli.cz, www.pampeli.com and www.pampeli.eu (hereinafter „ Pampeli web pages“).
1.2 Provisions diverging from the commercial terms can be agreed upon in the purchase contract. Divergent arrangements in the contract shall prevail over the terms and conditions.
1.3 Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech and English, although in case of conflict, the Czech language shall prevail. The purchase agreement may be concluded in Czech and English.
1.4 The seller is entitled to change the text of these terms and conditions at any time. The buyer is bound by the terms of the contract current at the time of the conclusion of the contract.
2.1 Upon the buyer’s registration on the website, the buyer can access his/her user interface (hereinafter „user account“) and order goods.
2.2 During the registration and ordering of goods, the buyer is obliged to provide all accurate information and update the registered data when changed. The data entered in the buyer’s user account and during the ordering of goods are believed to be correct by the seller.
2.3 The user’s account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information required to access the user’s account.
2.4 The buyer is not allowed to permit third parties to use his/her user account.
2.5 If the buyer doesn’t use his/her user account for more than one calendar year or if the buyer breaches the stated obligations in the purchase contract (including the terms and conditions), the seller is entitled to delete the user account.
2.6 The buyer is aware of the fact that the user account might not be accessible at all times, especially in case of necessary maintenance of hardware and software of the seller, or a necessary maintenance of hardware and software of third parties.
CONCLUSION OF THE PURCHASE AGREEMENT
3.1 All goods presented on the web pages of the shop are supposed to inform the buyer about the different products offered and the buyer is not obliged to conclude a purchase agreement regarding these products.
3.2 The web pages include prices and information on each product offered on the e-shop. The prices of the products are valid for the period of its listings on the e-shop of the seller. This stated provision does not limit any individual negotiated purchase contract. The web interface includes information regarding packing and shipping of the goods.
3.3 In order to order goods, the buyer fills in an order form placed on the web page.
3.4 Before submitting an order, the buyer is able to check and change any information. He/she is able to change and edit any mistakes throughout the act of filling in the form.
3.5 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as written or over the telephone).
3.6 The contractual relationship between the seller and buyer arises when the received order is being approved. An order approval is then sent by the seller to the e-mail address of the buyer.
SUBJECT MATTER OF THE CONTRACT
4.1 By concluding the purchase contract in accordance with the terms and conditions, the seller is obliged to send the order to the buyer and the buyer is committed to take over the goods and pay the price of the purchase.
4.2 The subject of the order of the buyer can be only the goods published on the Pampeli web page.
4.3 The seller continually updates the web page and its content to make sure it corresponds with the actual offer. Nevertheless, if the placed order consists of goods that are not anymore included in the sortiment at the time, the seller is obliged to announce these circumstances to the buyer and as soon as he/she does so, the order is considered as terminated unless both parties negotiate otherwise.
4.4 The purchase contract is concluded between seller and buyer only after the delivery of goods which was approved during the process of ordering and delivered to the buyer properly in time.
4.5 The seller is not obliged by the purchase contract to install, assemble nor demonstrate the delivered goods.
4.6 Characteristics of the goods listed on the Pampeli web pages as its descriptions, features, specifications, parameters, dimensions, weight, capacity, and other information contained herein and information are based on data presented by the manufacturers and suppliers of goods. All information is based on the current data available from the manufacturers, suppliers and other contractors and will be continuously monitored. However, their inaccuracy cannot be ocmplatetly eliminted and in such a case, the seller reserves the right to change the information. As soon as the seller is aware of any inaccuracy, he is obliged to remove and edit such information.
PRICE AND PAYMENT TERMS
5.1 Price of the goods and any costs associated with the delivery of the goods, can be paid by the buyer to the seller by the following methods according to the contract:
- Cash on delivery at the place specified by the buyer when placing the order
- Via Paypal
- Via debit/credit card
5.2 Together with the price of goods, the buyer is obliged to pay the costs associated with the delivery of the purchased goods. Unless it is stated otherwise, the purchase price is understood as the price of the goods and the costs associated with the delivery of goods.
5.3 In the case of payment on delivery, the purchase price is payable upon recieving the goods. In the case of cashless payment via Paypal or by card, the purchase price is payable before the delivery.
5.4 The seller issues an invoice based on the purchase contract. The invoice is then sent to the e-mail address provided in the order form.
WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1 The buyer acknowledges in accordance to the provisions § 1837 of the Civil Code, that it’s not acceptable to withdraw from the purchase contract and supply of goods that: have been adjusted according to the wishes of the buyer; are subject to fast expiration , as well as goods which were delivered and irrevocably mixed with other goods; the consumer has removed from its packaging and cannot return for hygenic reasons; of such as audio or video recordings or computer program, if their original packaging has been open.
6.2 If this is not the case referred to in art. 5.1 and concerns other cases where the individual can not withdraw from the contract, the buyer in accordance with the provisions & sect; 1829, paragraph. 1 of the Civil Code, has the right to withdraw from the contract within fourteen (14) days of receipt of goods, in which case the contract of sale of several types of goods or several parts, ends after the final delivery of goods . Withdrawal from the contract must declared to the seller within the period mentioned in the previous sentence. For withdrawal from the contract, the buyer must send an e-mail to firstname.lastname@example.org. Accordingly, the buyer will need to enclose a filled-in form „Return Form“.
6.3 In case of withdrawal from the contract pursuant to Art. 6.2 of the purchase contract, the order is canceled from the start. The goods must be returned to the seller within fourteen (14) days from the withdrawal to the seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned by post.
6.4 In case of withdrawal pursuant to Art. 6.2 the seller must return the funds received from the buyer within fourteen (14) days from the day of withdrawal from the purchase contract to the buyer and return of goods. The seller is also entitled to exchange a product for the the buyer when the products are being returned if both parties agree. If the buyer withdraws from the contract, the seller is not obliged to return the funds to the buyer before the return of good/s or demonstrates that the goods were sent to the seller.
6.5 The seller is entitled to substract the amount of damages against the claim of the buyer to return the purchase price from the seller.
6.6 In cases with accordance with provision § 1829 sect. 1 of the Civil Code when the buyer has a right to withdraw from the purchase contract, the seller has also the right to withdraw from the purchase contract until the buyer takes over the goods. In such cases, the seller returns the purchase price to the buyer without delays, cashless to a bank account provided by the buyer.
6.7 If there is a gift included with the goods, the gift agreement between the seller and the buyer is concluded with a condition subsequent that if there is a withdrawal from the contract, then the buyer loses the gift agreement and the buyer is required to return the goods together with the gifted item.
TRANSPORT AND DELIVERY
7.1 In case the transportation contract is based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this specific way of transport.
7.2 If the seller must deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
7.3 If for any reasons the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, and the costs associated with other delivery methods.
7.4 When receiving the goods from the carrier, the buyer is obliged to check the conditions of the package/s. In case of any defects, it is necessary to notify the carrier immediately. In the event of a breach of the package indicating the intrusion of the parcel, the buyer may not take over the goods.
7.5 Upon the goods’ arrival, the buyer is strongly urged to check the goods received and verify that there are no dameges to the package. It’s necessary to announce any incomplete or damaged delivery to the seller immediately. It is essential to write a damage report form together with the carrier and send it either by e-mail to email@example.com or by mail to the seller’s address. Additional reclaim of incompleteness or external damage of the shipment does not disregard the right of the buyer to pursue the reclamation. The seller has a right to prove that the purchase contract has not been violated.
RIGHTS OF DEFECTIVE PERFORMANCE
8.1 The rights and obligations of the parties regarding the rights of defective performance is governed by generally binding regulations (in particular those of § 1,914 to 1,925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code, and no. 634/1992 of the Consumer Protection Act, as amended).
8.2 The seller is liable to the buyer, that the goods shall have no defect on delivery.
8.3 The provisions referred to in the article 8.2 do not apply to: goods sold for a lower price due to defect/s for which the lower price was negotiated; the wear and tear of the goods caused by it‘s common use; the used goods defected by their use by the buyer ; or goods that are exepte to defect over time.
8.4 If there is a defect of the product detected within six months from delivery, the product is considered to be defective at the moment of delivery. The buyer is entitled claim the right of defect that occurs within the twenty-four months since the delivery.
8.5 The buyer claims the right of defective performance with the seller at his address or any other arranged place regarding the nature of sold goods. Has a right to come here to solve the problem
8.6 Other rights and obligations of the parties related to the responsibility of the seller for defects can be modified by the seller and his reclamation order.
OTHER RIGHTS AND OBLIGATION OF THE PARTIES
9.1 The buyer acquires ownership of the goods by paying the entire purchase price.
9.2 Seller is not bound to a relation with the buyer by codes of conduct under § 1826, paragraph. 1 point. e) of the Civil Code.
9.3 For the extrajudicial solutions of the consumer disputes arising from the purchase agreement, the relevant bureau can contact: Czech Trade Inspection, headquartered Štěpánská 567/15, 120 00 Praha 2, ID: 00020869, Internet address: http://www.coi.cz.
9.4 The seller is entitled to sell goods based on the trade license. Trade control is carried out under the authority of the Trade Office. Supervision of Privacy (protection of personal data) is performed by the Office for Personal Data Protection. Czech Trade Inspection performs the supervision over compliance with provision no. 634/1992 of the Consumer Protection Act, as amended.
9.5 Buyer therefore bears the danger of changing circumstances, withing the meaning of § 1765, Art. 2 of the Civil Code of the Czech Republic.
9.6 Each order is carried out according to our terms and conditions. In the case of non-acceptance of goods by the buyer, without providing any reason, the buyer agrees that his or her data are allowed to be published (name, town, email address) on the website of unreliable customers (http://www.nespolehlivizakaznici.cz), while the buyer will put on an internal blacklist for customers and will owe the transportation cost. The seller has the right to decline any future order/s from this buyer and can still ask the buyer to refund the cost of transport for the uncollected goods. Non-acceptance of goods is considered a violation of the provisions of the purchase contract by the buyer. Under such circumstances, the seller has the right to unilaterally withdraw from the contract. In case of withdrawal from the contract, the seller’s claim of terms and conditions lasts according the article 9.7.
9.7 If the order is not picked up by the buyer when the payment method is ‘cash on delivery’, the seller has a right to ask for reimbursement of the expended shipping costs. This claim conforms to a contractual fine. In this case, there will be an invoice issued to the customer along with all the needed information within forthcoming fourteen (14) days. Buyer acknowledges that all outstanding debts (unpaid contractual penalties) shall be submitted to the contracting company for claim recovery, including all associated costs.The seller can submit a claim even if the order exceeds the value associted with ‘free of charge’ deliveries.
PERSONAL DATA PROTECTION
10.1 The protection of the personal data of the buyer is ensured by the law n. 101/2000 Coll., Personal Data Agreement.
10.2 Buyer agrees with the processing of his or her personal data: name, address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as „personal data“).
10.3 Buyer agrees with the processing of his/her personal data by the seller, to fulfil all the obligations required to maintain a user account. He/she agrees with the processing of personal data also for the purpose of sending commercial messages and information.
10.4 The buyer acknowledges that he/she is obliged to record his/her personal data (for registration, acess his/her user account and place an order on the e-shop) correctly and truthfully and inform the seller about any changes in his or her personal data without any undue delay.
10.5 The seller can authorise a third party to process buyers’ personal data. The seller shall not pass the personal data to the third party without prior authorization from the buyer with the exception of the persons in charge of deliveries of the goods and the third party processing the data.
10.6 Personal data shall be processed during an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
10.7 The buyer confirms that the provided personal information is accurate and that he/she provided the personal data voluntarily.
10.8 If the buyer suspects that the seller or processor (Art. 9.5) is processing his/her personal data inconsistently or unlawfully, especially if the personal data are inaccurate due to the processing methods, he/she can ask the seller or processor for an explanation, and ask the seller or processor to delete and edit the invalid information.
10.9 If the buyer requests any information regarding the processing of his/her personal data, the seller must provide this information. Seller has the right to ask for a reasonable compensation for this procedure, which does not exceed the cost of getting the necessary information.
SENDING OF COMMERCIAL MESSAGES AND COOKIES STORAGE
11.1 The buyer agrees to receive information related to the goods, services, company of the seller or commercial newsletters to his or her e-mail address.
11.2 Buyer agrees with saving cookies on his computer. If it is possible to proceed the purchase on the website and fulfil the commitments of the purchase contract without storing cookies on the computer, the buyer can withdraw the consent as stated above in the previous sentence, at any time.
12.1 If any provision of the terms and conditions is invalid or ineffective, or becomes invalid or ineffective, it is replaced by a provision whose meaning is the closest to the precedent. The invalidity or unenforceability of one provision does not affect the validity of the remaining provisions.
12.2 The purchase contract including the terms and conditions is electronically archived by the seller and inaccessible.
12.3 The terms and conditions include an attachment form for the customer withdrawal from the purchase contract.
12.4 Seller’s contact details: PAMPELI s.r.o., located at U studánky 250/3, Holešovice, 170 00 Praha 7.