Terms and conditions

Terms and conditions of papouch.com e-shop

The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Contract, are governed by these Terms and Conditions (hereinafter referred to as "Terms and Conditions").

1 Definitions

1.1 In these Terms and Conditions:

1.1.1 " E-shop " means a computer program - an internet application available on the Internet via the internet address www.papouch.com, the main functionality of which is the display, selection and ordering of goods by the User;

1.1.2 " Purchase Contract " means a purchase contract within the meaning of § 2079 et seq. of the Civil Code concluded between the Operator as a seller and the User as a buyer via the E-shop;

1.1.3 " Shopping Cart " means the part of the E-shop that is automatically generated by the User's activation of the relevant functions as part of his/her actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;

1.1.4 " Civil Code " means Act No. 89/2012 Coll., Civil Code, as amended;

1.1.5 " Operator " means Papouch store s.r.o., company ID No.: 24256374, with registered office at Strašnická 3165/1b, Prague 10, 102 00;

1.1.6 " Access Data " means the unique login name and password assigned to it entered by the User into the E-shop database during Registration;

1.1.7 " Registration " means the electronic registration of the User into the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and the Access Data and their subsequent storage in the E-shop database;

1.1.8 " Consumer " means a User - a person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, enters into a Contract with the Operator or otherwise deals with the Operator;

1.1.9 " User " means any legal or natural person who uses the E-shop;

1.1.10 " User Account " means the part of the E-shop that is set up for each individual User by Registration (i.e. is unique for each User) and made available after entering the Access Data;

1.1.11 " Goods " means the item offered by the Operator for sale to the User via the E-Shop and, if offered in addition to the Goods, the licence to use that item;

2 Information for the Consumer before the conclusion of the contract

2.1 Through the E-shop, the Operator concludes in particular Purchase Contracts, contracts for the provision of services and contracts for the supply of digital content. Digital content may be supplied on a tangible medium, in particular on a CD, DVD or another medium, or electronically without a tangible medium.

2.2 With regard to the price of the Goods, services or digital content, delivery costs and other costs, the following shall apply:

2.2.1 In the case of a licence agreement concluded for an indefinite period, the price of the licence is agreed for the entire period during which the licence is provided, unless otherwise stated in the relevant offer.

2.2.2 The prices of the Goods, services and digital content are stated in the E-shop inclusive of value added tax and all charges required by law. Where relevant, the price excluding value added tax may also be stated. The costs of delivering the Goods or providing a service may vary depending on the selected delivery method, carrier, payment method and place of delivery. The exact amount of such costs is communicated to the Consumer before the order is submitted.

2.2.3 If the Consumer withdraws from the contract, the Consumer shall bear the direct costs of returning the Goods to the Operator. If, due to their nature, the Goods cannot be returned by ordinary post, the Consumer shall bear the direct costs of returning them in the amount communicated in advance or reasonably estimated.

2.3 If the subject matter of the contract is the supply of digital content that is not supplied on a tangible medium, its supply may begin before the expiry of the withdrawal period only with the Consumer's prior express consent. At the same time, the Consumer acknowledges that, subject to the conditions laid down by law, granting consent to begin performance before the expiry of the withdrawal period results in the loss of the right to withdraw from the contract. The Operator shall provide the Consumer with confirmation of the consent and acknowledgement in a durable medium.

2.4 For withdrawal from the contract, the following shall apply:

2.4.1 In accordance with Section 1829 et seq. of the Civil Code, the Consumer has the right to withdraw from a contract concluded at a distance within fourteen days.

In the case of a Purchase Contract, the withdrawal period begins on the day on which the Consumer, or a third party designated by the Consumer other than the carrier, takes possession of the Goods. If several items ordered in a single order are delivered separately, the period begins on the day on which the last item is received. If the Goods consist of several components or parts, the period begins on the day on which the last component or part is received. In the case of a contract for the regular delivery of Goods over an agreed period, the period begins on the day on which the first delivery is received. In the case of a contract for the provision of a service or digital content not supplied on a tangible medium, the period begins on the day on which the contract is concluded.

To comply with the withdrawal period, it is sufficient for the Consumer to send the notice of withdrawal to the Operator no later than on the last day of that period.

2.4.2 The Consumer may withdraw from the contract by making any clear statement addressed to the Operator. The notice of withdrawal may be sent in particular in writing to Papouch store s.r.o., Strašnická 3165/1b, 102 00 Prague 10, Czech Republic, by e-mail to the Operator's contact e-mail address, by using the model withdrawal form or by using the online withdrawal function available in the E-shop.

Use of the model withdrawal form or the online withdrawal function is not a condition for a valid withdrawal from the contract.

2.4.3 The online withdrawal function is available through the link Withdrawal from the contract . During the statutory withdrawal period, the online withdrawal button is also available next to the relevant order in the User's order overview, which is available through the link Orders list .

If the Consumer uses the online withdrawal function, the Operator shall enable the Consumer to enter or confirm the information necessary to identify the Consumer, the contract and the Goods, serviceor digital content to which the withdrawal relates. After completing the online statement, the Operator shall enable the Consumer to clearly confirm and submit the withdrawal.

Without undue delay, the Operator shall then send the Consumer confirmation of receipt of the withdrawal in a durable medium. The confirmation shall include the content of the Consumer's statement and the date and time when it was submitted.

The online withdrawal function is only one of the available methods of withdrawal and does not restrict the Consumer's right to withdraw by any other clear statement.

2.4.4 If the Consumer withdraws from the Purchase Contract, the Consumer shall send or hand over the Goods to the Operator without undue delay and no later than fourteen days from the date of withdrawal. The period is complied with if the Consumer sends the Goods to the Operator no later than on the last day of that period.

The Goods may be sent or handed over at Papouch store s.r.o., Strašnická 3165/1b, 102 00 Prague 10, Czech Republic, or at another address specified by the Operator in the return instructions.

The Consumer may not send the Goods to the Operator cash on delivery unless otherwise agreed with the Operator.

2.4.5 The Consumer may not withdraw from the contract in the cases provided for by law, in particular:

a) from a contract for the provision of services if the services have been fully performed, provided that performance began with the Consumer's prior express consent before the expiry of the withdrawal period and the Consumer was informed before granting consent that the right of withdrawal would be lost once the service had been fully performed;

b) from a contract for the supply of an audio or video recording or computer software in sealed packaging if the Consumer has broken the seal;

c) from a contract for the supply of digital content not supplied on a tangible medium if performance began with the Consumer's prior express consent before the expiry of the withdrawal period, the Consumer acknowledged that the right of withdrawal would thereby be lost and the Operator provided confirmation of the concluded contract in a durable medium;

d) from a contract for the supply of Goods made to the Consumer's specifications or clearly personalised;

e) from a contract for the supply of Goods which are liable to deteriorate or expire rapidly;

f) from a contract for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and which were unsealed by the Consumer after delivery;

g) in other cases specified in Section 1837 of the Civil Code.

2.4.6 If the Consumer withdraws from a contract for the provision of services and the provision of the service began, at the Consumer's express request, before the expiry of the withdrawal period, the Consumer shall pay the Operator a proportionate amount of the agreed price corresponding to the extent of the performance provided up to the time of withdrawal. This shall not apply if the Operator began providing the service without the Consumer's express request or failed to properly inform the Consumer in advance of the obligation to pay a proportionate amount of the price.

2.4.7 If the Consumer withdraws from the contract, the Operator shall reimburse all payments received from the Consumer under the contract, including the costs of delivery of the Goods, without undue delay and no later than fourteen days from the date of withdrawal.

If the Consumer selected a delivery method other than the least expensive standard delivery method offered by the Operator, the Operator shall reimburse the delivery costs only up to the amount corresponding to the least expensive delivery method offered.

The Operator shall reimburse the payments using the same means of payment used by the Consumer for the original transaction, unless the Operator and the Consumer expressly agree on another method that does not result in any additional costs for the Consumer.

In the case of a Purchase Contract, the Operator is not required to reimburse the payments before receiving the returned Goods or before the Consumer provides evidence that the Goods have been sent back, whichever occurs first.

2.4.8 The Consumer is not required to state the reason for withdrawal or provide a bank account number in order to validly withdraw from the contract. The Operator may request a bank account number only if it is necessary for the agreed reimbursement method, in particular where it is not possible to reimburse the payment using the same means of payment originally used by the Consumer.

2.5 The Consumer shall be liable to the Operator only for any reduction in the value of the Goods resulting from handling the Goods in a manner other than that necessary to establish their nature, characteristics and functionality.

The Consumer may inspect and test the Goods to the extent in which this would be possible in a conventional retail shop.

Opening the packaging, removing ordinary transport packaging or the absence of the original packaging does not in itself create an obligation to reimburse the Operator for the full cost of new packaging and does not result in the loss of the right to withdraw. The Operator may claim only the actual and demonstrable reduction in the value of the returned Goods, provided that the statutory conditions are met.

The Consumer shall not be liable for any reduction in the value of the Goods if the Operator failed to properly inform the Consumer of the right of withdrawal.

2.6 The Consumer may submit a complaint to the Operator via the e-mail address obchod@papouch.com. The Operator handles Consumer complaints free of charge.

The Czech Trade Inspection Authority, Central Inspectorate – ADR Department, with its registered office at Štěpánská 796/44, 110 00 Prague 1, Czech Republic, is the competent body for the out-of-court settlement of consumer disputes arising from a Purchase Contract.

The Consumer's right to bring the matter before a court or contact the competent supervisory or state supervisory authority remains unaffected.

3 Process of concluding the Contract

3.1 The presentation of the Goods, services and digital content in the E-shop user interface is for informational purposes only and does not constitute an offer by the Operator to conclude a Contract. The provisions of Section 1732(2) of the Civil Code shall not apply.

3.2 The User selects the Goods, service or digital content and places them in the electronic Shopping Cart by clicking the button marked “Add to Cart”. Before submitting the order, the User may review and change the selected items, their quantity, the delivery and payment methods and the information entered in the order.

3.3 Before the order is submitted, the Operator shall clearly and prominently display to the User in particular the main characteristics of the ordered performance, the total price including taxes and charges, delivery costs, the payment method and other related costs. Where relevant to the nature of the Contract, the Operator shall also display the duration of the Contract, the conditions for its termination and the minimum duration of the User's obligations.

3.4 The User submits the order by clicking the button marked “Buy”. By clicking this button, the User expressly acknowledges that the order entails an obligation to pay the agreed price. By submitting the order, the User makes a binding offer to conclude the Contract.

3.5 Before submitting the order, the User is given the opportunity to review and change the information entered in the order and to identify and correct any errors made when entering it.

3.6 After receiving the order, the Operator shall send the User, without undue delay, an automatic acknowledgement of receipt of the order to the e-mail address stated in the order. This automatic acknowledgement does not in itself constitute acceptance of the offer to conclude the Contract.

3.7 The Contract is concluded when the User receives the Operator's express confirmation that the order has been accepted. If the Operator does not send a separate confirmation of acceptance, the Contract is concluded when the User receives notification that the ordered Goods have been dispatched, provided that the notification indicates that the Operator has accepted the order.

3.8 The Operator is not required to accept an order, in particular if the ordered Goods are unavailable, an obviously incorrect price is stated for the Goods, service or digital content as a result of a technical or administrative error, the User has provided incomplete or obviously incorrect information, there are reasonable grounds to suspect misuse of the E-shop or fraudulent conduct, or another serious reason objectively prevents the order from being fulfilled.

3.9 If the Operator does not accept the order and the User has already paid all or part of the price, the Operator shall reimburse the received payments without undue delay, generally using the same means of payment by which they were received, unless the parties agree otherwise.

3.10 The User undertakes to enter true, complete and up-to-date information in the relevant fields of the E-shop user interface, in particular the User's e-mail address, identification and billing information and, where applicable, the delivery address. The Operator is entitled to consider the information entered by the User to be correct and complete.

3.11 If, after submitting the order, the User discovers that incorrect or incomplete information was provided, the User shall notify the Operator without undue delay.

3.12 After the Contract has been concluded, the Operator shall send the Consumer confirmation of the Contract in a durable medium to the e-mail address stated in the order. The confirmation shall contain the content of the concluded Contract or a summary thereof, these Terms and Conditions and, where applicable, other information and documents required by law.

3.13 The Contract is concluded in the English language unless otherwise agreed between the Operator and the User.

3.14 The Operator shall archive the Contract for the period required by law. The Contract is not normally accessible to the User; however, upon request, the Operator shall provide the User with information about its content where permitted by law and the Operator's technical capabilities.

4 Purchase contract

4.1 Upon conclusion of the Purchase Agreement, the following provisions shall come into force:

4.1.1 The User purchases from the Operator the Goods that the User has selected in the user interface of the E-shop by placing them in the Shopping Cart, in the quantity that the User has selected and/or set for the Goods in the user interface of the E-shop, and the User undertakes to pay the Operator for the Goods the price that is indicated for such Goods in the user interface of the E-shop.

4.1.2 The Operator shall have the right to withdraw from the Purchase Contract for any reason or no reason until the Goods have been dispatched to the User. The withdrawal from the Purchase Contract shall be deemed to be a legal act of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him.

4.1.3 The Operator shall be entitled to request additional order confirmation from the User at any time and shall be entitled to delay the dispatch of the Goods to the User until it has received confirmation of the order from the User.

4.1.4 The method of packaging of the Goods shall be determined solely by the Operator; the provisions of Section 2097 of the Civil Code are hereby excluded.

4.1.5 The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the Goods to the User, in the amount indicated for the order in the Portal's user environment.

4.1.6 The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and, if applicable, other monetary benefits to the Operator.

4.1.7 If any of the payment methods contains information about the costs of making such payment, the User shall bear the costs of making such payment, which are indicated for the given payment in the user environment of the E-shop.

4.1.8 In case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.

4.1.9 In the case of a non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.

4.1.10 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined with each other unless expressly stated otherwise.

4.1.11 The purchase price for the Goods does not include any payments, fees or other charges that the User has to incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User's costs.

4.1.12 The Operator retains title to the Goods subject to the Purchase Agreement until the User has paid the purchase price for the Goods in full.

4.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time after the conclusion of the Purchase Agreement. All delivery times for the Goods specified in the user interface of the E-shop are indicative only.

4.1.14 The Operator shall always send the User a tax document - invoice in electronic form to the User's email address entered in the User interface of the E-shop during the order.

4.1.15 If the Operator provides the User with a gift together with the Goods, the gift contract between the User and the Operator is concluded with the condition that if the Purchase Contract is terminated (e.g. due to withdrawal from the Purchase Contract), the given gift contract shall terminate without further delay from the beginning together with the Purchase Contract and the User shall be obliged to return the provided gift together with the Goods to the Operator.

4.1.16 The Operator shall provide the User with a warranty for the Goods, if the warranty period is indicated for the Goods in the user interface of the E-shop, for the duration of the indicated warranty period, whereby the warranty so indicated shall apply to all Users, unless such warranty specifically states that it applies only to Users who are Consumers or Users who are not Consumers.

4.1.17 The User shall be entitled to exercise the right of withdrawal and rights arising from defective performance at the Operator's registered office. The moment when the Operator receives the claimed Goods from the User shall be considered as the moment of claiming.

4.1.18 If the Goods are stated to be used within the user interface of the E-shop, the User shall purchase the Goods in used condition, including the stated defects of such Goods.

4.1.19 The risk of loss, damage and/or destruction of the Goods subject to the Purchase Agreement shall pass to the User, who is a Consumer, upon receipt of the Goods by the User.

4.1.20 The risk of loss, damage and/or destruction of the Goods subject to the Contract shall pass to the User who is not a Consumer at the moment of receipt of the Goods by the User.

5 User Account

5.1 The User has the right to create a User Account by registering.

5.2 The User is obliged to enter the Access Data before entering the User Account.

5.3 The User's Identification Data entered during Registration shall be deemed to be the data entered when the User orders each Goods, which the User shall do after logging into his User Account.

5.4 The User shall not provide third parties with Access Credentials or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorised use of such Access Data or User Account and for any damage caused to the Operator or third parties as a result. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify the Operator. The Operator shall provide the User with new access data within a reasonable period of time.

6 Complaints Procedure

6.1 The Operator shall be liable to the Consumer that the Goods are free from defects upon receipt.

6.2 If the Goods contain defects, the Consumer shall have the right to demand the delivery of new Goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to a part of the Goods, the Consumer may only demand the replacement of that part; if this is not possible, the Consumer shall have the right to withdraw from the Purchase Contract.

6.3 The Consumer is also entitled to the delivery of new Goods or the replacement of a component in the event of a removable defect, if the Goods cannot be used properly due to the recurrence of the defect after repair or due to multiple defects. In this case, the Consumer has the right to withdraw from the Purchase Contract.

6.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects or to replacement of parts or repair of the Goods, he/she may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Operator cannot deliver new Goods without defects, replace a part of the Goods or repair the Goods, as well as if the Operator fails to remedy the defect within a reasonable time or if it would cause the Consumer considerable difficulties to remedy the defect.

6.5 The Consumer shall not be entitled to the right of defective performance if the Consumer knew that the Goods were defective before taking delivery of the Goods or if the Consumer caused the defect.

6.6 The Operator's liability for defects in the Goods does not extend to wear and tear of the Goods caused by their normal use, in the case of Goods sold at a lower purchase price to the defect for which the lower purchase price was agreed, in the case of used Goods to the defect corresponding to the level of use or wear and tear that the Goods had when taken over by the Consumer, or if this results from the nature of the Goods.

6.7 If the Goods are guaranteed, the Consumer has the right to claim liability for defective performance within the guarantee period.

6.8 Upon the Consumer's request, the Operator shall provide the Consumer with a warranty certificate. If the nature of the Goods so permits, it is sufficient to issue the Consumer with a proof of purchase of the Goods containing the same information as the warranty certificate instead of the warranty certificate. The warranty certificate must contain the name and surname, name or business name, registration number and registered office of the Operator.

6.9 In the event that the Consumer exercises his right to have the Goods repaired for defects in the Goods for which a business other than the Operator, whose registered office or place of business is in the same place as the Operator or in a place closer to the Consumer, is designated for the purpose of warranty repairs, the Consumer shall exercise the right to warranty repairs with that business.

6.10 Claims for Goods, including the rectification of defects in the Goods in question, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer shall have the same rights as if it were a material breach of the Contract.

6.11 The time limit for the settlement of the claim shall be suspended if the Operator has not received all the documents necessary for the settlement of the claim until the documents are delivered.

6.12 The Operator or its designee shall invite the Consumer to take delivery of the repaired Goods after the claim has been properly processed.

6.13 The right to exercise the rights arising from the defects of the Goods shall be extinguished in the event of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the event of unprofessional handling of the Goods, i.e. in particular in the event of using the Goods in conditions which do not correspond in their parameters to the parameters specified in the documentation for the Goods.

7 Protection of personal data

7.1 The Operator is legally obliged to protect and secure the personal data provided. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorised disclosure or use.

7.2 For more detailed information on data protection, please refer to the Privacy Policy here: www.papouch.com/oou

8 Use of the E-shop

8.1 The Operator hereby grants the User a non-exclusive licence to use the E-shop in the manner provided for in these Terms and Conditions.

8.2 The Operator has the right to change the E-shop, i.e. its technical design and/or user interface.

8.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop or any other reason on the part of the Operator or a third party.

8.4 The User is obliged to comply with the valid and effective legislation of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damages incurred in this way.

8.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or of valid and effective legislation, the Operator shall have the right to cancel the User's account.

9 Declaration of the Operator

9.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.

9.2 As a result of a technical error in the E-shop, the purchase price of the Goods may be displayed at an amount which is grossly inadequate to the usual market price for such Goods; in such case, the Operator shall not be obliged to deliver the Goods at the displayed purchase price, but shall contact the User and inform him of the actual purchase price of the Goods in question and the User shall have the right to decide whether to accept the Goods at the actual purchase price and, if not, the Purchase Agreement shall be cancelled from the outset.

9.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression due to their conversion to display in the User's technical means, therefore the User shall always read the full description of the Goods in question and contact the Operator in case of any ambiguity.

9.4 The Operator's contact details for communication with the User are provided in the user interface of the E-shop in the Contacts section.

10 Electronic sales records

10.1 Pursuant to the Act on Sales Registration, the Seller is obliged to issue a receipt to the Buyer and is also obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.

10.2 The invoice containing the obligatory data and the receipt according to Act No. 112/2016 Coll., on the registration of sales, will be sent to the User in the form of a link to download these documents or as an e-mail attachment. The Buyer agrees to this.

10.3 More information is available on the following website: www.etrzby.cz/cs/zakladni-informace-pro-zakazniky

11 Applicable law

11.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the law of the Czech Republic, in particular the Civil Code.

12 Effectiveness

12.1 These Terms and Conditions come into force on 1 January 2019.