BUSINESS TERMS AND CONDITIONS Of business company Prošikulky.cz s.r.o. With registered office at Franklinova 922, Liberec, Czech Republic Company identification number: 06673368, Tax ID. No.: CZ06673368 Registered in the Companies Register kept with the Regional Court in Ústí nad Labem, Section C, Entry 40798 For the sales of services via an online shop located at the internet address www.picolly.com/shop
- The operation and utilization of the server Picolly.com and all related services is governed by the law of the Czech Republic.
- These Business Terms and Conditions (hereinafter, only the “Business Terms and Conditions”) of the business company (hereinafter, only the “Seller”), in accordance with the provision of Section 1751 par. 1 of Law No. 89/2012 Coll., the Civil Code (hereinafter, only the “Civil Code”), adjust the mutual rights and obligations of the contracting parties arising in connection or based on the contract of purchase (hereinafter, only the “Contract of Purchase”) concluded between the Seller and another physical entity (hereinafter, only the “Purchaser”) via the internet shop of the Seller. The internet shop is operated by the Seller on a website located at the internet address www.picolly.com/shop (hereinafter, only the “Website”), namely via a website interface (hereinafter, only the “Shop Web Interface”).
- The Business Terms and Conditions do not apply to cases when the person intending to purchase the services (electronic designs) from the Seller is a legal entity or a person acting within its enterprise activity or within its separate performance of a business when ordering the goods. If you want to purchase the designs as an entrepreneur or a legal entity, contact us by e-mail at firstname.lastname@example.org.
- Provisions deviating from the Business Terms and Conditions may be agreed in the Contract of Purchase. The deviating arrangements in the Contract of Purchase have priority over the provisions of the Business Terms and Conditions.
- The provisions of the Business Terms and Conditions form an integral part of the Contract of Purchase. The Contract of Purchase and the Business Terms and Conditions are executed in the Polish language. The Contract may be concluded in the Polish language.
- The wording of the Business Terms and Conditions may be modified or complemented by the Seller. This provision does not affect the rights and obligations created during the effect of the previous wording of the Business Terms and Conditions.
- Based on the registration of the Purchaser performed at the Website, the Purchaser may access the user interface. From his user interface, the Purchaser may perform goods ordering (hereinafter, only the “User Account”). In case the Shop Web Interface allows, the Purchaser may perform goods ordering also without registration directly from the Shop Web Interface.
- During the registration at the Website and when ordering the goods, the purchaser is obliged to state all the data correctly and truthfully. The Purchaser is obliged to update the data stated in the User Account upon any change. The data stated by the Purchaser in the User Account and when ordering the goods is considered correct by the Seller.
- The access to the User Account is secured by the username and password. The Purchaser is obliged to maintain reticence concerning the information necessary for accessing his User Account.
- The Purchaser is not entitled to allow the use of the User Account by third parties.
- The Seller may cancel the User Account, namely in the case when the Purchaser does not utilize the User Account for more than 2 years or in the case when the Purchaser breaches obligations from the Contract of Purchase (including the Business Terms and Conditions).
- The Purchaser acknowledges that the User Account does not have to be available continuously, namely with regard to the necessary maintenance of the hardware and software of the Seller, possibly the necessary maintenance of the hardware and software of third parties.
CONCLUDING THE CONTRACT OF PURCHASE
- The entire presentation of the goods located in the Shop Web Interface is of an informative nature and the Seller is not obliged to conclude a Contract of Purchase concerning these goods. The provision of Section 1732 par. 2 of the Civil Code shall not be used.
- The Shop Web Interface contains the information on the goods, namely including the statement of the prices of individual goods. The prices of the goods remain valid for the time when they are displayed in the Shop Web Interface. This provision does not limit the possibility of the Seller concluding a Contract of Purchase under individually agreed conditions.
- All the prices stated in the e-shop include the costs of the electronic delivery of the designs. After ordering, the designs will be delivered by electronic mail as a link, where the Purchaser may download the files.
- For ordering the goods, the Purchaser shall complete the ordering form in the Shop Web Interface. The ordering form contains namely the information on:
- The ordered goods (the ordered goods are “inserted” by the Purchaser into the electronic shopping basket of the Web Shop Interface),
- The manner of payment of the purchase price of the goods (hereinafter, together only the “Order”).
- The Seller is always entitled, depending on the nature of the order (the quantity of the goods, the purchasing price amount, the expected transport costs), to ask the Purchaser for an additional confirmation of the order (e.g. in writing or by phone).
- The contractual relationship between the Seller and the Purchaser is established upon the delivery of the order acceptance that is sent by the Seller to the Purchaser by electronic mail, namely to the electronic mail address of the Purchaser.
- The Purchaser agrees with the use of the remote communication means when concluding the Contract of Purchase. The costs arisen to the Purchaser when using the remote communication means in connection to the conclusion of the Contract of Purchase (the costs for the internet connection, the costs for phone conversations) are paid by the Purchaser on his own, while these costs do not differ from the basic rate.
PRICE OF THE GOODS AND PAYMENT TERMS AND CONDITIONS
- The price of the goods and the possible costs connected to the delivery of the goods according to the Contract of Purchase may be settled by the Purchaser to the Seller in the following manners:
- Using the PayPal Payment
- Possible discounts from the price of the goods provided by the Seller to the Purchaser cannot be mutually combined.
- The tax document – invoice shall be issued by the Seller to the Purchaser upon the payment of the price of the goods and sent in the electronic form to the electronic address of the Purchaser.
WITHDRAWAL FROM THE CONTRACT OF PURCHASE
- The Purchaser may withdraw from the Contract of Purchase within 14 days from the implementation of the order.
- The payment will be returned to the Purchase using the payment method used during the payment.
- After the withdrawal from the Contract of Purchase, the Purchaser must immediately delete all files connected with the order (designs) and must not utilize these designs. The goods (designs) are considered returned upon deleting the downloaded files.
TRANSPORT AND DELIVERY OF THE GOODS
- At Picolly.com, only electronic designs and sewing patterns are sold.
- The Purchaser shall receive the files by electronic mail upon payment or can download them in the My Account section if user registers. The files can be downloaded at any time from the link in the e-mail or from the User Account again.
FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Purchaser acquires the ownership of the goods by paying the entire purchase price of the goods.
- The Seller is entitled to sell the goods based on the trade licence. The trade inspection is performed by the corresponding trade authority within its sphere of action. The supervision over the area of personal data protection is executed by the Office for Personal Data Protection. The Czech Trade Inspection Authority executes within the delimited scope, among other things, the supervision over the observance of Law No. 634/1992 Coll., on consumer protection, as amended.
- The Purchaser hereby takes over the danger of a change of circumstances pursuant to Section 1765 par. 2 of the Civil Code.
PERSONAL DATA PROTECTION
- The protection of the personal data of the Purchaser, who is a physical entity, is provided by Law No. 101/2000 Coll., on personal data protection, as amended.
- The Purchaser agrees with the processing of his following personal data: first name and surname, electronic mail address, phone number (hereinafter, together only the “Personal Data”).
- The Purchaser agrees with the processing of the Personal Data by the Seller, namely for the purposes of the implementation of the rights and obligations from the Contract of Purchase and for the purposes of managing the User Account. Should the Purchaser not choose another option, he agrees with the processing of the Personal Data by the Seller also for the purposes of sending information and commercial communications to the Purchaser. The consent with the processing of the Personal Data within the entire scope according to this article is not a condition that would alone prevent the conclusion of the Contract of Purchase.
- The Purchaser acknowledges that he is obliged to state his Personal Data (during the registration, in his User Account, when ordering from the Web Shop Interface) correctly and truthfully and that he is obliged to inform the Seller without unnecessary delay about a change in his Personal Data.
- The processing of the Personal Data of the Purchaser may be entrusted by the Seller to a third party as the processor. Besides the persons transporting the goods, the Personal Data shall not be handed over to third parties by the Seller without previous consent of the Purchaser.
- The Personal Data shall be processed for an indefinite period of time. The Personal Data shall be processed in the electronic form in an automated manner or in the printed form in a non-automated manner.
- The Purchaser confirms that the provided Personal Data is accurate and that he has been informed about the fact that this is a voluntary provision of the Personal Data.
- In case the Purchaser should assume that the Seller or the processor (cl. 5) performs processing of his Personal Data that is in conflict with the protection of the private and personal life of the Purchaser or in conflict with the law, namely if the Personal Data is inaccurate with regard to the purpose of its processing, he may:
- Ask the Seller or the processor for an explanation,
- Request that the Seller or the processor removes the condition arisen in this way.
- Should the Purchaser ask for information on the processing of his Personal Data, the Seller is obliged to hand over this information to him. The Seller has the right to charge an adequate payment for the provision of the information pursuant to the previous sentence not exceeding the costs necessary for the provision of the information.
SENDING BUSINESS COMMUNICATIONS AND STORING COOKIES
- The Purchaser agrees with the sending of information related to the goods, services, or the company of the Seller to the electronic address of the Purchaser and he furthermore agrees with the sending of the business communications by the Seller to the electronic address of the Purchaser.
- The Purchaser agrees with the storage of the so-called cookies in his computer. In case the purchase on the website may be performed and the liabilities of the Seller from the Contract of Purchase may be fulfilled without storing the so-called cookies in the computer of the Purchaser, the Purchaser may revoke the consent pursuant to the previous sentence at any time.
- Delivery to the Purchaser may be performed to the electronic address of the Purchaser.
DELIVERY FINAL PROVISIONS
- If the relationship established by the Contract of Purchase contains an international (foreign) element, then the parties agree that the relationship is governed by the Czech law. This does not affect the rights of the consumer resulting from generally binding legal regulations.
- If any of the provisions of the Business Terms and Conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced with a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
- The Contract of Purchase including the Business Terms and Conditions is archived by the Seller in the electronic form and is not accessible.
- The contact data of the Seller: Prošikulky.cz s.r.o., Franklinova 922, 460 15 Liberec - Starý Harcov
In Liberec on 8 March 2021