1.1 These terms and conditions apply to purchases made in the online shop www.jkstylcz.cz in any form (online, by e-mail, by telephone) on the day of placing the order.
1.2 The terms and conditions define and specify the rights and obligations of the "seller", which means JK Styl CZ s. r. o., ID No.: 26825589, VAT No.: CZ26825589, with registered office at Slatina 109, Postal Code 742 93, +420 777 563 698, info@jkstylcz.cz and the customers, hereinafter referred to as the "buyer".
1.3 The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
1.4 By placing an order, the Buyer accepts the terms and conditions which are concluded in accordance with the law of the Czech Republic. In their current wording, they form the content of the purchase contract (for the supply of goods), or are an integral part thereof.
1.5 Relations between the Buyer and the Seller are governed by these Terms and Conditions, which are binding on both parties, unless otherwise stipulated in the contract. In the case of a permanent contractual relationship (if a framework purchase agreement is concluded in writing), the buyer has the right to withdraw from the contract if there is a material change in the terms and conditions after the contract is signed. If the buyer returns the order after the date on which the change of conditions occurred, he is deemed to have accepted the change.
1.6 Unless a permanent written contract of sale has been agreed between the parties, the Seller shall deliver the goods on the basis of an electronic order and the Customer's specification.
1.7 All contractual relations are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, relations not regulated by the Terms and Conditions shall be governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.), as amended. If the contracting party is not a consumer, relations not governed by the terms and conditions are governed by the Commercial Code, No. 513/1991 Coll., all as amended.
2.1 The online ordering of goods is carried out according to the procedure described in detail in the "How to buy" instructions. If for some reason this procedure cannot be applied and the order cannot be sent, it is possible to place an order by e-mail to info@jkstylcz.cz or office@jkstylcz.cz. If this procedure is also not possible, we accept orders by phone at +420 556 427 278.
2.2 In the event that a contract is negotiated by means of distance communication, the entrepreneur shall disclose the information to the consumer in accordance with Civil Code § 1824.
2.3 The order is a draft purchase contract. Formal confirmation of the order by the seller is not required for the conclusion of the purchase contract; the contract is formed by the delivery of the goods. However, the buyer sends a confirmation by e-mail, if you find any discrepancies in this confirmation or do not receive it, please contact the seller immediately (see contacts). If you wish to confirm your order by telephone, please indicate this clearly on the order.
2.4 To order goods, the Buyer shall fill in the order form in the online shop. The order form contains in particular information about: the goods ordered (the goods ordered are "placed" by the buyer in the electronic shopping cart in the online store), the method of payment of the purchase price of the goods, information about the desired method of delivery of the goods ordered and information about the costs associated with the delivery of the goods.
2.5 The online shop also contains information about the costs associated with the packaging and delivery of the goods. The information on packaging and delivery costs provided in the web interface of the shop only applies if the goods are delivered within the countries specified by the seller. In other cases, the shipping cost is individual and the seller is obliged to provide the information additionally, after which the buyer accepts or rejects the offer.
2.6 All orders placed by any of the above methods are binding.
2.7 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, and shall not differ from the basic rate.
2.8 The validity of the order is subject to the truthful completion of all prescribed data and details.
2.9 Title to the goods ordered shall pass to the Buyer, subject to payment of the purchase price, upon acceptance. The goods are the property of the seller until payment is made.
2.10 If a long-term framework written purchase contract has been concluded between the parties, the electronic order specifies and specifies the concluded contract and is an integral part thereof. Regular customers with whom a written purchase contract is concluded enjoy the benefits agreed upon at the time of signing the contract or unilaterally offered by the Seller after the conclusion of the contract on its website.
2.11 No further discount applies to goods on sale and the price for the goods is final at the time of ordering.
2.12 The subject of the contract are only the items explicitly stated in the purchase contract - order (hereinafter referred to as "goods"). The Seller undertakes to supply its customers with goods in accordance with the specifications or with the characteristics usual for the type of goods, complying with the standards, rules and regulations in force in the Czech Republic.
3.1 The Seller is obliged to process a binding order, dispatch the ordered goods and deliver them to the Buyer's address. Upon receipt of the shipment from the carrier, the Buyer shall receive a tax document with the goods, which shall serve as a warranty certificate in the event of a claim.
3.2 The Seller is obliged to delete the registered Buyer from the database if requested in writing.
3.3 The Seller has the right to refuse an order if the Buyer repeatedly fails to fulfil his obligation to take delivery of the goods and pay the purchase price.
3.4 The Seller reserves the right to cancel the order or part of it in the following cases: the goods are no longer produced/delivered or the selling price has changed significantly. In the event that this situation arises, the Seller undertakes to contact the Buyer immediately (by e-mail or telephone) to agree on the next course of action (replacement of the ordered goods with other goods, cancellation of the order, etc.).
3.5 If the buyer has already paid for the goods (by bank transfer) and the actual price is lower than the price paid, the money will be transferred back to the buyer's account as soon as possible. If the actual price is higher and the buyer has not decided to withdraw from the contract, the buyer will be given the difference of these amounts to pay. The Seller reserves the right to replace the declared gifts with items of similar type and value if necessary. No financial compensation can be received for the gifts and they cannot be legally enforced.
3.6 Discounts, shipping and payment methods are listed on the "Discounts, Shipping, Payment" page and as such are binding on the Seller. The Seller reserves the right to modify discounts or shipping and payment. If the Customer sends the order after the date on which the terms and conditions are changed, the Customer is deemed to have accepted the change. If the order is sent before the change, the Seller is obliged to follow the terms and conditions on the day the order is placed.
3.7 Under the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax authorities online; in the event of a technical failure, within 48 hours at the latest.
4.1 The Buyer is obliged to provide a correct and complete postal address to which the ordered goods are to be sent.
4.2 The Buyer shall collect the ordered goods and pay the total price. The total price is understood by the Buyer when completing the order before its binding confirmation.
4.3 If the price of the goods increases compared to the original selling price, the buyer who is a consumer has the right to withdraw from the contract without any payment.
4.4 The consumer has the right to cancel the order sent or to withdraw from the purchase contract within 14 days of receipt of the goods in accordance with the applicable section 1829, paragraph 1 of the Civil Code. This right is not primarily intended to resolve a complaint about the goods. Withdrawal is effective upon delivery to the seller, but does not apply to a shipment already handed over to the carrier.
4.5 If he decides to withdraw from the contract, he must deliver this expression of intent to the seller no later than the 14th day after receipt of the goods. We recommend that this be done preferably in writing, which ensures, in particular, the verifiability of the legal act by which the contract is cancelled.
4.6 The Buyer has the right to return the delivered goods to the Seller within 14 days of dispatch (in accordance with Act 89/2012Sb (Art. 1829 para. 1 CC), the applicable complaints procedure and the terms and conditions).
4.7 The goods should be unused, undamaged and in their original packaging. The goods must be sent to the address of the establishment (not COD). If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature, according to Civil Code §1820 (1) (g).
4.8 If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the trader, the trader shall reimburse the consumer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
4.9 The Seller is entitled to unilaterally offset the claim for reimbursement of damage to the goods pursuant to Section 1833 of the Civil Code against the Buyer's claim for reimbursement of the purchase price.
4.10 The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received, including delivery costs, to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.
4.11 Upon receipt or proof of the return of the goods, the Seller shall refund the Buyer the corresponding amount in the manner agreed in advance and no later than 14 days after the effective date of the Buyer's expression of intent (delivery of the withdrawal).
4.12 If the above conditions are not met, the seller may claim compensation against the consumer for the reduction in value of the returned goods, but only in accordance with the provisions of §1832 paragraph 3. In the event of failure to comply with the withdrawal period, such withdrawal shall be null and void and shall not give the consumer any rights to the return of the goods.
4.13 The consumer cannot withdraw from the purchase contract in the following cases, which are listed in the Civil Code §1837, in particular:
- for the provision of services, if the performance of the services has been commenced with the consent of the purchaser before the expiry of a period of 14 days from the acceptance of the performance
- for the supply of goods or services the price of which depends on the fluctuations of the financial market independently of the will of the seller
- for the supply of goods which have been adapted to the purchaser's wishes, as well as goods which are subject to rapid deterioration, wear and tear or obsolescence
- for the supply of paints if the buyer has broken their original packaging
- for the delivery of goods which show signs of use
4.14 Upon receipt of the consignment, the buyer who is a consumer is advised to recheck the condition of the consignment (number of packages, integrity of the tape, damage to the box, etc.) and refuse to accept an incomplete or damaged consignment. Incomplete or damaged shipments must be reported to the Seller by telephone without undue delay. In addition, a damage report must be drawn up with the carrier and emailed to the seller. If the consumer takes these steps upon delivery of the defective consignment, this will contribute significantly to a quick resolution of the claim and redelivery of the delivered goods. Otherwise, the consumer may be faced with a situation where the seller proves to him that the goods were delivered in good order - i.e. undamaged, but this cannot in any way limit the consumer's right to exercise his rights under the relevant sales contract.
4.15 A buyer who is not a consumer is obliged to check the condition of the consignment in accordance with the above procedure. In the event of acceptance of the consignment from the carrier, this buyer shall have no claim against the seller for any subsequent claims for damaged consignment. Upon acceptance of the consignment, any further claims regarding damage and incompleteness of the consignment shall be settled only with the carrier.
4.16 In the event of a difference in the quantity or type of goods delivered between the information on the tax invoice and the goods actually delivered, a report of the difference must be submitted to the Seller within the second working day. The Seller shall arrange for the difference to be settled by agreement.
4.17 Goods sent for complaint must be complete, in packaging appropriate to the nature of the goods. In the event of goods being sent in non-original packaging, the Seller shall be entitled to charge the Buyer for adequate compensation associated with new packaging material and labour.
4.18 If a gift is given to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the Goods.
5.1 Each purchase is accompanied by an invoice, which also serves as a warranty certificate. Upon personal receipt of the goods and acceptance of the warranty conditions, the customer confirms his acceptance by signing the invoice. If the goods are not handed over in person, acceptance of the goods shall be understood as the moment when the goods are taken over by the carrier.
The length of the warranty is indicated for each item. This period begins on the date of the invoice and is extended by the period during which the product has been under warranty.
The right to make a claim shall cease in the following cases:
- If the warranty period has expired for the goods claimed on the date of receipt for repair,
- Damage to the goods in transit - these damages must be resolved with the carrier,
- Use of the goods in conditions that do not correspond to the type of goods,
- Improper installation, handling, handling or neglect of the goods,
- The goods have been damaged by excessive loading or use contrary to the conditions stated in the documentation or general policies,
- The goods have been damaged by the elements,
- It has been altered at the consumer's request or for the consumer's person
- Perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery.
Other conditions under which the consumer cannot withdraw from the contract are defined in Article 1837 of the Civil Code.
5.2 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular Sections 1914 to 1925, 2095 to 2117 and 2161 to 2174 of the Civil Code).
5.3 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of the legislation.
5.4 The above provisions do not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
5.5 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to claim the right to a defect that occurs in consumer goods within twenty-four months of receipt. The buyer is obliged to notify the defect without undue delay after it could have been discovered by timely inspection and due diligence. If the buyer fails to notify the defect in time, he shall lose the right to withdraw from the contract.
5.6 The Buyer shall assert the rights arising from the defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
5.7 In the event of a material breach of contract by defective performance, the Buyer shall be entitled to:
- to remedy the defect by delivery of a new item without defect or delivery of the missing item,
- to remedy the defect by repairing the item,
- a reasonable discount on the purchase price, or
-to withdraw from the contract.
The seller shall be informed of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The buyer cannot change the choice made without the seller's consent. This does not apply if the buyer has requested the repair of a defect that proves to be irreparable. In this case, the buyer may demand a reasonable discount on the purchase price instead of the repair of the defect, or he may withdraw from the contract. If the buyer fails to exercise his right in time, he shall have rights pursuant to Section 2107 of the Civil Code.
5.8 If the defective performance is an insignificant breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects by repairing the item or supplying a new item at his option. The choice must not cause unreasonable costs to the buyer. If the seller fails or refuses to remedy the defect in time, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.
6.1 In the event of a dispute that has not been settled directly between the Seller and the Buyer, it is possible to resolve the matter through out-of-court dispute resolution on the basis of the Consumer Protection Act (No. 634/1992 Coll.), as amended (hereinafter referred to as "ZoOS"). To submit a proposal for the initiation of out-of-court dispute resolution, please contact the CTIA (www.coi.cz).
6.2 The consumer will be entitled to initiate out-of-court dispute resolution only after he/she has failed to resolve the dispute directly with the seller. The consumer will have to prove this to the Czech Trade Inspection Authority.
6.3 The entire process of out-of-court dispute resolution with the Czech Trade Inspection Authority will be initiated at the consumer's request. The consumer will be able to file a petition with the Czech Trade Inspection Authority within 1 year from the date on which he/she first exercised his/her right which is the subject of the dispute with the seller (e.g. complaint). The content of the application is regulated by the ZoOS in § 20n.
6.4 Since the initiation of an out-of-court settlement of a consumer dispute is considered to be the conclusion of an agreement on an out-of-court negotiation between the creditor and the debtor on a right or on a circumstance that gives rise to a right, pursuant to Section 647 of Act No. 89/2012 Coll., the Civil Code (Section 20p of the ZoOS), no limitation periods run from the initiation of an out-of-court settlement of a consumer dispute. If the proposal does not contain the statutory requirements, the CTIA shall invite the consumer to complete them within 15 days (§ 20q(1) ZoOS).
6.5 The ZoOS defines the cases in which the CTIA will reject the proposal. This is a situation where the dispute does not fall within its subject matter jurisdiction, the matter has already been decided by a court or an arbitral award has been issued, or court or arbitration proceedings have been initiated or out-of-court settlement of a consumer dispute has already been initiated or completed in the same matter with another entity, the claimant has submitted the claim after the expiry of the time limit (1 year from the date on which he/she first asserted his/her right which is the subject matter of the dispute with the seller), or the claim is manifestly unfounded (§ 20q(2) of the ZoOS).
6.6 Subsequently, the CTIA will inform both parties to the dispute of the initiation of the out-of-court dispute resolution (§ 20r(1) of the ZoOS). The Seller will then be required to provide the CTIA with a statement on the facts set out in the proposal within 15 working days of receipt of the notification (§ 20s(1) of the ZoOS). The Seller will also be required to cooperate closely and provide the CTIA with the cooperation necessary for the effective conduct of the out-of-court resolution of the consumer dispute (§ 20s(2) of the ZoOS).
6.7 The out-of-court settlement of a consumer dispute shall be completed within 90 days of its commencement. In the case of particularly complex disputes, the time limit may be extended for a maximum of a further 90 days (§ 20t ZoOS).
6.8 The CTIA will not arbitrate the dispute. It will prepare an independent and non-binding opinion, which should lead to a joint agreement between the parties to the dispute. The CTIA officer will guide the parties to a settlement of the dispute as an independent mediator, assisting them with advice and opinion where appropriate.
6.9 The out-of-court settlement of a consumer dispute shall end with the conclusion of an agreement of the parties to the dispute, whereby the agreement must be in writing, a unilateral declaration by the consumer of the termination of participation in the dispute settlement notified to the CTIA, death, declaration of death, declaration of disappearance or dissolution of one of the parties to the dispute without a legal successor, the expiration of the time limit pursuant to Section 20t of the CCA or the rejection of the proposal pursuant to Section 20r of the CCA.
6.10 There is no fee for out-of-court settlement of consumer disputes. The parties shall bear the costs of out-of-court settlement of consumer disputes themselves (§ 20w ZoOS).
7.1 The operator JK Styl CZ s.r.o. declares all personal information provided by the buyer to be confidential and to fulfill the contract between the seller and the buyer. The data will not be disclosed to third parties. The exception is the information necessary for the transport of goods (name, surname, address and in some cases telephone number for the carrier to contact the customer).
7.2 The personal data (in particular name, surname and address) of customers are stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended.
7.3 All data collected from customers is used exclusively for the internal use of the shop and will never be disclosed to third parties. The exceptions are external carriers, to whom the personal data of customers are passed on to the minimum extent necessary for the smooth delivery of goods, and, where applicable, the bank involved in order processing (instalment sales).
7.4 Customer personal data is fully secured against misuse. The data is stored and not shared with third party applications. Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in hard copy in a non-automated manner.
7.5 By entering into a contract, the customer agrees to the processing and collection of his/her personal data in our database after successful completion of the contract until he/she expresses his/her disagreement with this processing in writing.
7.6 The customer has the right to access and rectify his/her personal data, including other legal rights in relation to such data.
7.7 In the event that the Buyer believes that the Seller or the Processor (Article 9.5) carries out processing of his personal data which is contrary to the protection of the Buyer's private and personal life or contrary to law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he may:
- ask the seller or processor for an explanation,
- require the seller or processor to remedy the situation.
7.8 The buyer has the right to have his/her personal data deleted from the database if he/she requests this in writing. The Seller hereby undertakes to delete all data about the Buyer from the database within 5 working days of receipt of the written request.
7.9 The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.
7.10 The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
8.1 Based on the Buyer's registration made on the Website, the Buyer can access his/her user interface. The Buyer may order goods from his/her user interface (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.
8.2 When registering on the website and ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
8.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
8.4 The Buyer is not entitled to allow third parties to use the user account.
8.5 The Seller may terminate the user account, in particular if the Buyer does not use his user account for more than 24 months or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).
8.6 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 party hardware and software equipment.
9.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law, unless otherwise specified. This is without prejudice to the consumer's rights under generally binding legal regulations.
9.2 The contract shall be concluded in the Czech language, unless circumstances on the part of the seller or buyer prevent this, the contract may also be concluded in another language understandable to the parties. The concluded contract is archived by the Seller for the purpose of its successful execution and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is evident from the ordering process in our online shop and the Buyer has the opportunity to check and, if necessary, correct the order before actually sending it. These terms and conditions, as well as the Complaints Policy, are displayed on the website of our online shop and thus allow for their archiving and reproduction by the buyer.
9.3 If any provision of the 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 the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
9.4 By concluding the Purchase Contract, the Purchaser confirms that he has read these Terms and Conditions and the Complaints Procedure and that he agrees to them. The Buyer shall be sufficiently notified of these Terms and Conditions and the Complaints Procedure and shall have the opportunity to familiarise himself with them before the actual execution of the order. These Terms and Conditions and the Complaints Procedure form an integral part of the concluded contract.
In Slatina on 1.1.2023
