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").
1.1 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 The Operator concludes contracts, the subject of which is the provision of services, and contracts under which copyrighted digital content is supplied on CD/DVD or other media.
2.2 With regard to the price of the Goods and the cost of shipping and other charges, the following shall apply:
2.2.1 In the case of licence agreements concluded for an indefinite period, the price of the licence is agreed for the entire period of the licence, unless otherwise stated.
2.2.2 The prices of the goods, services and licensed content provided are quoted on the website inclusive and exclusive of VAT, including any charges provided for by law, however the cost of delivery of the goods or services will vary depending on the method and provider of transport chosen and the method of payment. The agreed price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User.
2.2.3 In the event of withdrawal from the contract, the Consumer shall bear the costs of returning the Goods and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if they cannot be returned by the usual postal route due to their nature.
2.3 In the event that the subject matter of the contract is the delivery of digital content that is not delivered on a tangible medium, the Consumer expressly consents to the delivery of such content before the expiry of the statutory withdrawal period.
2.4 For withdrawal from the contract, the following applies:
2.4.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, in accordance with the provisions of Section 1829 (1) of the Civil Code. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.
2.4.2 You shall send the withdrawal from the Contract at your expense to the Operator at Papouch store s.r.o., Strašnická 3165/1b, Prague 10, 102 00.
2.4.3 The Consumer is obliged to send the withdrawal from the given Purchase Contract back to the Operator without undue delay, no later than within 14 days from the date on which the withdrawal was made, or to hand it over to the Operator at the address of the Operator's premises or registered office. The time limit shall be deemed to have been observed even if the Goods are sent to the Operator no later than the last day of the aforementioned period.
2.4.4 The Consumer cannot withdraw from the contract:
(a) for the provision of services which the Operator has performed with the Consumer's prior express consent before the expiry of the withdrawal period;
b) on the supply of an audio or visual recording or a computer program, i.e. digital content on a tangible medium, if it has broken its original packaging;
(c) on the supply of digital content if it was not supplied on a tangible medium and was supplied with the prior express consent of the Consumer before the expiry of the withdrawal period;
2.4.5 The consumer shall be obliged to pay a pro rata part of the price in the event of withdrawal from a contract the subject of which is the provision of services and the performance of which has already begun.
2.4.6 If the Consumer withdraws from the Purchase Contract, he/she is obliged to provide in writing his/her bank account number for the refund of the purchase price for the Goods, which may be reduced if the legal grounds for this are fulfilled.
2.4.7 If the Consumer withdraws from the Purchase Contract in respect of Goods which are returned to the Operator damaged and/or worn, in particular if the original markings of the Goods (i.e. tags, stickers, etc.) are removed, the Consumer shall reimburse the Operator for the cost of restoring the Goods to their original condition.
2.5 The Consumer shall be liable to the Operator for any diminution in the value of the Goods as a result of handling the Goods in a manner other than that necessary to familiarise the Consumer with the nature and characteristics of the Goods, including their functionality.
2.6 The Operator uses the possibility of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the email address firstname.lastname@example.org. A complaint may be addressed to a supervisory or state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.
3 Process of concluding the Contract
3.1 The Operator offers the Users to conclude a Purchase Contract through the E-shop. The Operator's offer to conclude the Purchase Contract is the display of a button marked "Add to Cart" in the user interface of the E-shop.
3.2 The User's unconditional acceptance of the Operator's offer to conclude the Purchase Agreement pursuant to paragraph 3.1 of these Terms and Conditions shall be deemed to be the User's clicking on the button marked "Submit Order".
3.3 The unconditional acceptance of the offer pursuant to paragraph 3.2 of these Terms and Conditions constitutes the conclusion of the Purchase Agreement.
3.4 The Contract is concluded at the moment when the electronic information about the click on the button within the meaning of paragraph 3.2 by the User reaches the server where the E-shop is installed via the Internet.
3.5 The User undertakes to fill in the relevant text fields in the user interface of the E-shop with true and complete data, in particular his e-mail address, identification data and, where applicable, delivery address. The User acknowledges that the Operator shall reasonably consider the data entered by him to be correct and complete and is not entitled to check the data entered.
3.6 The Operator shall send the User an e-mail message about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the relevant field in the user environment of the E-shop.
3.7 All Goods presented within the user environment of the E-shop are for informational purposes only and the Operator is not obliged to conclude a Contract regarding these Goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
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.
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.
12.1 These Terms and Conditions come into force on 1 January 2019.