Terms and conditions of use
These General Terms and Conditions ("Terms") of PRG Trading Group s.r.o., with its registered office at Denisova 1300/II, 377 01 Jindřichův Hradec, Czech Republic, Company ID No. 02630664, registered in the Commercial Register under file number C 22460 kept by the Regional Court in České Budějovice, email email@example.com, telephone number +420 212 240 556 ("We" or "Seller"), regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of you as a buyer and us as a seller arising in connection with or on the basis of a purchase agreement ("Agreement") concluded through the E-shop on the website https://www.smartpanda.cz.
The provisions of these Terms are an integral part of the Agreement. The Agreement and Terms are drawn up in the Czech language. We reserve the right to unilaterally amend or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms.
As you are probably aware, we primarily communicate remotely. Therefore, for our Agreement, means of remote communication have been used, which enable us to agree without our simultaneous physical presence and the Agreement is concluded remotely through the E-shop environment, via the interface of the website ("E-shop web interface").
If any part of the Terms contradicts what we have agreed upon during the process of your purchase on our E-shop, that specific agreement shall take precedence over the Terms.
I. SOME DEFINITIONS
1. Price is the financial amount you will pay for the Goods;
2. Shipping cost is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
3. Total price is the sum of the Price and the Shipping cost;
4. VAT is the value-added tax according to applicable legal regulations;
5. Invoice is a tax document issued in accordance with the law on value-added tax on the Total price;
6. Order is your irrevocable offer to enter into a Purchase Agreement for the Goods with Us;
7. User account is an account created based on the information provided by you, which allows you to store the entered data and keep a history of ordered Goods and concluded Agreements;
8. You are the person buying on Our E-shop, referred to as the buyer by legal regulations;
9. Goods refer to everything that you can purchase on the E-shop.
II. GENERAL PROVISIONS AND INFORMATION
1. The purchase of Goods is only possible through the E-shop web interface.
2. When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. Therefore, the information you have provided to us when ordering the Goods will be deemed as correct and truthful.
III. CONCLUSION OF AGREEMENT
1. The Agreement with Us can only be concluded in the Czech language.
2. The Agreement is concluded remotely through the E-shop, and the costs of using remote communication tools are borne by you. However, these costs do not differ from the basic rate that you pay for using these tools (especially for access to the Internet), so you should not expect any additional costs charged by Us beyond the Total price. By submitting the Order, you agree that we use remote communication tools.
3. To be able to conclude the Agreement, you must create a proposal for the Order on the E-shop. This proposal must contain the following information:
a) Information about the purchased Goods (you select the Goods you are interested in purchasing on the E-shop by clicking the "Add to Cart" button);
b) Information about the Price, Shipping cost, method of payment of the Total price, and the desired method of delivery of the Goods; this information will be entered when creating the proposal for the Order within the user interface of the E-shop, and the information about the Price, Shipping cost, and Total price will be automatically provided based on the Goods you have selected and the method of delivery;
c) Your identification and contact details required for us to deliver the Goods, in particular, your name, surname, delivery address, telephone number, and email address;
d) In the case of an Agreement under which we will regularly and repeatedly deliver Goods to you, also information on how long we will deliver the Goods to you.
4. During the creation of the proposal for the Order, you can change and verify the information until its creation. After checking by clicking the "Order with obligation to pay" button, you will create the Order. However, before clicking the button, you must confirm your familiarity with and agreement to these Terms; otherwise, it will not be possible to create the Order. The confirmation and agreement are made by a tick-box. After clicking the "Order with obligation to pay" button, all completed information will be sent directly to Us.
5. We will confirm your Order to you as soon as possible after we receive it by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms. Confirmation of the Order from our side constitutes the conclusion of the Agreement between Us and You. The Terms effective on the day of the Order are an integral part of the Agreement.
6. There may be cases where we cannot confirm your order. This is particularly the case when the Goods are not available, or when you order more units of the Goods than we allow. However, we will always provide you with information about the maximum number of Goods that you may order in advance through the E-shop, so you should not be surprised. If there is any reason why we cannot confirm your order, we will contact you and send you an offer to conclude a contract in a modified form compared to the order. In such a case, the contract is concluded when you confirm our offer.
7. If an obviously incorrect price is listed on the E-shop or in the order proposal, we are not obliged to deliver the Goods to you at that price, even if you have received an order confirmation, and therefore the contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new contract in a modified form compared to the order. In such a case, the new contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded contract. An obviously incorrect price is considered, for example, a situation where the price does not correspond to the usual price with other sellers, or where a digit is missing or redundant.
8. When a contract is concluded, you are obliged to pay the total price.
9. If you have set up a User Account, you can place an order through it. In this case as well, you have the obligation to check the accuracy, truthfulness, and completeness of the pre-filled information. However, the method of creating an order is identical to that of a buyer without a User Account, but the advantage is that you do not need to repeatedly enter your identification details.
10. In some cases, we allow discounts on the purchase of Goods. To provide a discount, you must fill in the details of this discount in the designated field during the order proposal. If you do so, the Goods will be provided to you with a discount.
IV. USER ACCOUNT
1. Based on your registration within the E-shop, you can access your user account.
2. When registering a user account, it is your obligation to provide all required information correctly and truthfully and update it in case of any changes.
3. Access to the user account is secured by a username and password. It is your responsibility to keep these access details confidential and not share them with anyone. We are not responsible for any misuse of these details.
4. The user account is personal, and you are not authorized to allow its use by third parties.
5. We may terminate your user account, especially if it has not been used for more than 1 year, or if you violate your obligations under the contract.
6. The user account may not be available continuously, especially due to necessary maintenance of hardware and software equipment.
V. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
1. The price is always listed within the E-shop, in the Order proposal, and of course in the Contract. In case of a discrepancy between the price listed for the Goods within the E-shop and the price listed in the Order proposal, the price listed in the Order proposal will apply, which will always be identical to the price in the Contract. The price for delivery is also listed in the Order proposal, along with any conditions for free delivery.
2. The total price is listed including VAT and all fees required by law.
3. We will require payment of the total price from you after the Contract is concluded and before the Goods are delivered. You can make payment of the total price using the following methods:
a) Bank transfer. Payment information will be sent to you within the Order confirmation. In the case of payment by bank transfer, the total price is due within 5 working days.
b) Online card payment. In this case, payment is made through the GoPay payment gateway, with payment being subject to the conditions of this payment gateway, which are available at https://www.gopay.com/en/. In the case of payment by online card, the total price is due within 2 working days.
c) Cash on delivery. In this case, payment is made upon delivery of the Goods. In the case of payment by cash on delivery, the total price is due upon receipt of the Goods.
d) Cash on personal pick-up. Payment in cash is possible if you pick up the Goods at our store. In the case of payment in cash on personal pick-up, the total price is due upon receipt of the Goods.
4. An invoice will be issued in electronic form after payment of the total price and will be sent to your email address. The invoice will also be available in your User account.
5. Ownership of the Goods passes to you only after you have paid the total price and received the Goods. In the case of payment by bank transfer, the total price is paid by transfer to our account, and in other cases, payment is made at the time of payment.
VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
1. The Goods will be delivered to you in a manner of your choice, and you can choose from the following options:
a) Personal pick-up at our store as listed in the store directory;
b) Personal pick-up at the company's pick-up points Packeta, GLS;
c) Delivery through transport companies Česká pošta, GLS, Packeta;
2. The Goods can be delivered within the territory of the Czech Republic, Austria, Croatia, Bulgaria, Slovenia.
3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time listed in the E-shop is only indicative and may differ from the actual delivery time. In the case of personal pick-up at the store, we will always inform you by email about the possibility of picking up the Goods.
4. Upon receipt of the Goods from the carrier, it is your obligation to check the integrity of the Goods packaging, and in case of any damage, immediately report it to the carrier and to us. In the event that there is damage to the packaging that indicates unauthorized manipulation and entry into the shipment, it is not your obligation to accept the Goods from the carrier.
5. In the event that you fail to fulfill your obligation to accept the Goods, with the exception of cases under Article VI.4. of these terms and conditions, it does not result in our breach of the obligation to deliver the Goods to you. However, if you fail to accept the Goods, we have the right to terminate the Contract due to your substantial breach of the Contract. If we decide to exercise this right, the termination becomes effective on the day we deliver this termination to you. Termination of the Contract does not affect the right to payment of the delivery fee or the right to compensation for damages, if any.
6. If, for reasons on your part, the Goods are delivered repeatedly or in a way that is not agreed upon in the Contract, it is your obligation to reimburse us for the costs associated with such repeated delivery. We will send you the payment information for these costs to your email address provided in the Contract, and they are due 14 days from the date of delivery of the email..
7. The risk of damage to the Goods passes to you at the moment you accept it. In the event that you fail to accept the Goods, except as provided in Article VI.4 of these terms and conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to accept it, but for reasons on your part, the acceptance did not take place. The transfer of the risk of damage to the Goods to you means that from that moment on, you bear all the consequences associated with the loss, destruction, damage, or any depreciation of the Goods.
8. In the event that the Goods were not listed as in stock in the E-shop, and an estimated availability time was provided, we will always inform you in the event of:
a) An extraordinary interruption in the production of the Goods, in which case we will always provide you with a new expected availability time or information that the Goods will not be deliverable;
b) A delay in the delivery of the Goods from our supplier, in which case we will always provide you with a new expected delivery time.
9. If we are unable to deliver the Goods to you even within 30 days after the delivery time of the Goods listed in the Order confirmation for any reason, we and you are entitled to terminate the Contract.
VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1. We guarantee that at the time when the risk of damage to the Goods passes in accordance with Article VI.7 of the Terms and Conditions, the Goods are free from defects, in particular:
a) they have the properties that we have agreed with you or, if they have not been expressly agreed, the properties that we have described in the description of the Goods, or the properties that can be expected for the nature of the Goods;
b) they are suitable for the purposes we have specified or for the purposes that are customary for Goods of this type;
c) they correspond to the quality or design of the agreed sample, if the quality or design was specified based on a sample;
d) they are in the appropriate quantity and weight;
e) they meet the requirements imposed on them by legal regulations;
f) they are not encumbered by the rights of third parties.
2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. If the Goods have a defect, in particular if any of the conditions set out in Article VII.1 are not met, you may notify us of such a defect and exercise your rights arising from defective performance (i.e. make a claim) by sending an email or letter to our addresses specified in our identification information. You may also use the model form provided by us, which is enclosed as Annex No. 1 to the Terms and Conditions, to make a claim. When exercising your rights arising from defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without our consent, except in cases specified in Article 7.4. We will deal with your claim in accordance with your rights arising from defective performance. If you do not choose a way to resolve the defect, you have the rights set out in Article 7.5 even in situations where defective performance was a material breach of the Contract.
4. If defective performance constitutes a material breach of the Contract, you have the following rights:
a) to have the defect remedied by delivery of new Goods without defects, or by delivery of the missing part of the Goods;
b) to have the defect remedied by repair of the Goods;
c) to have a reasonable Price reduction;
d) to withdraw from the Contract.
If you choose to resolve the issue under points a) or b) and We do not rectify the defect within a reasonable period that We have specified or we inform you that we will not rectify the defect in this way at all, you have rights under points c) and d), even if you did not originally request them within the complaint. At the same time, if you choose to rectify the defect by repairing the Goods and We find that the defect is irreparable, we will inform you and you can choose another way to rectify the defect.
5. If the defective performance is an insignificant breach of the Contract, you have the following rights:
a) rectification of the defect by delivering new Goods free of defects or delivering the missing part of the Goods;
b) rectification of the defect by repairing the Goods;
c) a reasonable discount on the Price.
However, if we do not rectify the defect in time or refuse to rectify the defect, you have the right to withdraw from the contract. You can also withdraw if you cannot use the Goods properly due to repeated defects after repairing the Goods or due to a greater number of defects in the Goods.
6. In the event of a significant or insignificant breach, you cannot withdraw from the contract or demand the delivery of a new item if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:
a) there has been a change in the condition of the Goods as a result of an inspection to identify the defect;
b) the Goods were used before the defect was discovered;
c) the inability to return the Goods in an unchanged condition was not caused by your actions or omissions,
d) before discovering the defect, the Goods were sold, consumed, or modified in the usual manner. However, if this was only partially done, it is your obligation to return the part of the Goods that can be returned, and in such a case, the part of the Price corresponding to your benefit from the use of the part of the Goods will not be refunded to you.
7. Within 3 days of receiving a complaint, we will confirm receipt of the complaint, when we received it, and the expected time for resolving the complaint by email. We will handle the complaint without undue delay, but no later than 30 days after receiving it. The deadline can be extended by mutual agreement. If the deadline passes in vain, you may withdraw from the contract.
8. We will inform you by email about the resolution of the complaint. If the complaint is justified, you are entitled to reimbursement of reasonable costs incurred. You are required to prove these costs, such as receipts or confirmations of the price of shipping. In the event that a defect is remedied by supplying new goods, it is your responsibility to return the original goods to us, but we will bear the costs of this return.
9. If you are a business, it is your obligation to report and object to a defect without undue delay after you could have detected it, but no later than three days after taking possession of the Goods.
10. If you are a consumer, you have the right to exercise the rights of defective performance for a defect that occurs in consumer Goods within 24 months of taking possession of the Goods.
11. The provisions regarding the right to defects do not apply in the case of:
a) Goods sold at a lower price for defects for which a lower Price has been agreed;
b) wear and tear of the Goods caused by normal use;
c) used Goods for defects corresponding to the degree of use or wear that the Goods had when you received them;
d) when it arises from the nature of the Goods.
VIII. WITHDRAWAL FROM THE AGREEMENT
1. Withdrawal from the Agreement, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for reasons and in ways specified in this article or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is expressly stated.
2. If You are a consumer, i.e. a person purchasing Goods outside of their business activity, in accordance with Section 1829 of the Civil Code, You have the right to withdraw from the Agreement without giving a reason within 14 days from the day of delivery of the Goods. If We have entered into an Agreement whose subject matter is several types of Goods or delivery of several parts of Goods, this period begins to run from the day of delivery of the last part of the Goods, and in the case of an Agreement based on which We will regularly and repeatedly deliver Goods to You, the period begins to run from the day of delivery of the first delivery. You can withdraw from the Agreement by any verifiable means (in particular by sending an email or letter to Our address provided in Our identification data). You can also use the model withdrawal form provided by Us, which forms Annex No. 2 to the Terms and Conditions.
3. However, even as a Consumer, You cannot withdraw from the Agreement in cases where the subject matter of the Agreement is:
a) Goods whose price depends on fluctuations in the financial market independent of Our will and which may occur during the withdrawal period;
b) delivery of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of Our will;
c) Goods which have been adjusted to Your wishes or for Your person;
d) Goods subject to rapid decay and Goods which, after delivery, have been irreversibly mixed with other goods;
e) Goods in closed packaging which have been removed from the packaging and cannot be returned for hygienic reasons;
f) delivery of sound or image recordings or computer software if the original packaging has been violated;
g) delivery of newspapers, periodicals or magazines;
h) delivery of digital content if it was not delivered on a tangible medium and was delivered with Your prior express consent before the expiry of the withdrawal period and We have informed You that You do not have the right to withdraw from the Agreement.
4. The period for withdrawal according to Article VIII.2 of the Terms and Conditions is considered to be preserved if you send us a notice during the period that you are withdrawing from the Agreement.
5. In the event of withdrawal from the Agreement, the Price will be returned to you within 14 days of the effective date of withdrawal to the account from which it was credited, or to the account chosen for the withdrawal from the Agreement. However, the amount will not be refunded until you return the Goods to us or prove that they have been sent back to us. Please return the Goods to us clean, if possible, including the original packaging.
6. In the event of withdrawal from the Agreement pursuant to Article VIII.2 of the Terms and Conditions, you are obliged to send the Goods back to us within 14 days of the withdrawal and bear the costs associated with the return of the Goods to us. Conversely, you are entitled to have us refund the Price for delivery, but only up to the amount corresponding to the cheapest method of delivery of the Goods offered by us. In the event of withdrawal due to our breach of the Agreement, we will also bear the costs associated with the return of the Goods to us, but again only up to the amount of the Price for delivery corresponding to the cheapest method of delivery of the Goods offered by us at the time of delivery of the Goods.
7. You are liable for any damage caused to the Goods as a result of your handling of them other than necessary in view of their nature and properties. In such a case, we will charge you for the damage caused after the Goods have been returned to us, and the payment is due within 14 days of the charge being made. If we have not yet returned the Price to you, we are entitled to set off the claim from the costs against your claim for the return of the Price.
8. We are entitled to withdraw from the Agreement at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons related to the nature of the Goods), even before the period specified in Article VI.9 of the Terms and Conditions has elapsed. We may also withdraw from the Agreement if it is evident that you have deliberately provided incorrect information in the Order. If you purchase goods as part of your business activities, as a business person, we are entitled to withdraw from the Agreement at any time, even without giving a reason.
IX. DISPUTE RESOLUTION WITH CONSUMERS
1. We are not bound by any codes of conduct in relation to buyers under the provisions of Section 1826 (1) (e) of the Civil Code.
2. We handle consumer complaints through the electronic address firstname.lastname@example.org. We will send information about the handling of complaints to the buyer's electronic address.
3. The Czech Trade Inspection is authorized to settle out-of-court consumer disputes arising from the Contract, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz. The platform for online dispute resolution, available at http://ec.europa.eu/consumers/odr, can be used to settle disputes between a seller and a buyer who is a consumer, arising from an electronically concluded sales contract.
4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
X. FINAL PROVISIONS
1. If our legal relationship with you contains an international element (for example, we will be delivering goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under legal regulations will not be affected by this provision.
2.All written correspondence will be delivered to you by electronic mail. Our email address is provided in our identification details. We will deliver correspondence to the email address specified in the contract, user account, or the email through which you contacted us.
3. The contract may only be amended on the basis of our written agreement. However, we are entitled to change and supplement these Terms and Conditions, but such changes will not affect contracts that have already been concluded, but only those that will be concluded after the effective date of the change. We will inform you of any changes only if you have created a user account (so that you have this information if you order new goods, but the change does not establish the right to terminate the contract since we do not have a contract that can be terminated), or if we are required to deliver goods to you regularly and repeatedly under the contract. We will send you information about the changes to your email address at least 14 days before the effective date of the change. If we do not receive notice of termination of the contract for regular and repeated deliveries of goods within 14 days of sending the information about the change, the new terms will become part of our contract and will apply to the next delivery of goods following the effective date of the change. The notice period for termination is 2 months.
4. In the event of force majeure or events that cannot be predicted (natural disaster, pandemic, operational malfunctions, failure of subcontractors, etc.), we are not liable for any damage caused by or related to cases of force majeure, and if the force majeure state persists for more than 10 days, both parties have the right to terminate the contract.
5. The annexes to the Terms and Conditions include a sample form for complaints and a sample form for withdrawal from the contract.
6. The contract, including the Terms and Conditions, is archived in electronic form with us, but is not accessible to you. However, you will always receive these Terms and Conditions and a summary of the order by email, so you will always have access to the contract without our cooperation. We recommend that you save the order confirmation and the Terms and Conditions.
7. These Terms and Conditions come into effect on April 13, 2023.
APPENDIX NO. 1 - COMPLAINT FORM
Recipient: Smart Panda, Sokolovská 127/38, 186 00 Prague, Czech Republic.
Filing a complaint
Date of conclusion of the Contract:
Name and surname:
Goods subject to complaint:
Description of defects in the Goods:
Proposed method of handling the complaint, or the provision of a bank account number for the provision of a discount:
I also request the issuance of a confirmation of the claim of the complaint, stating when I exercised this right, what is the content of the complaint, along with my claim, including the date and method of handling the complaint.
APPENDIX NO. 2 - FORM FOR WITHDRAWAL FROM THE CONTRACT
Recipient: Smart Panda, Sokolovská 127/38, 186 00 Prague, Czech Republic.
I hereby declare that I am withdrawing from the contract:
Date of conclusion of the contract:
Name and surname:
Specification of the Goods covered by the Contract:
Method for refunding received financial means, or specification of the bank account number:
If the buyer is a consumer and has ordered goods via the e-shop of the company PRG Trading Group s.r.o. ("Company") or other means of distance communication, except for cases specified in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, he/she may withdraw from the purchase contract already concluded within 14 days from the date of receipt of the goods, without stating a reason and without any sanction. The buyer shall notify the Company of this withdrawal in writing to the Company's establishment address or electronically at the e-mail address provided in the model form.
If the buyer, who is a consumer, withdraws from the purchase contract, he/she shall send or hand over the goods he/she received from it to the Company without undue delay, but no later than 14 days from withdrawing from the purchase contract.
If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall refund all the financial means received from the buyer (the purchase price of the delivered goods) including the delivery costs that it received from the buyer on the basis of the purchase contract, without undue delay, but no later than 14 days from withdrawing from the purchase contract, in the same way. If the buyer chose a method of delivery of the goods other than the cheapest one offered by the Company, the Company shall refund to the buyer only the costs of delivering the goods up to the amount corresponding to the cheapest offered method of delivery of the goods. The Company is not obliged to refund the received financial means to the buyer before the buyer hands over the goods to the Company or proves that he/she has sent the goods to the Company.