Terms and Conditions

TERMS AND CONDITIONS

of the business company
PAVOUCI s.r.o.
with registered office at Královská cesta 147, Kolín IV, 280 02 Kolín
identification number: 27869300
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 122943,
for the sale of goods through an online store located at the internet address www.worksafety.cz

 

1. Introductory Provisions

   1. These terms and conditions (hereinafter referred to as "terms and conditions") of the business company PAVOUCI s.r.o., with registered office at Královská cesta 147, Kolín IV, 280 02 Kolín, identification number: 27869300, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 122943 (hereinafter referred to as the "seller") regulate, in accordance with § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address cz (hereinafter referred to as the "website") through the interface of the website (hereinafter referred to as the "online store interface").

   2. If the buyer is a natural person who concludes a purchase contract outside the scope of his business activities or outside the scope of his independent performance of his profession (hereinafter referred to as the "consumer"), the rights and obligations of the seller and the buyer not regulated by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), shall be governed by these terms and conditions.

   3. If the buyer is a person other than a consumer, the rights and obligations of the seller and the buyer not governed by the Civil Code shall be governed by these terms and conditions, with the exception of § 2158 to § 2174 of the Civil Code, which shall not apply in accordance with § 2158 para. 1 of the Civil Code.

   4. Different provisions than these terms and conditions may be agreed upon in the purchase contract. Deviating provisions in the purchase contract shall take precedence over the provisions of these terms and conditions.

   5. The provisions of these terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

   6. Any terms and conditions other than these shall not apply to the mutual rights and obligations of the buyer and the seller arising in connection with or on the basis of the purchase contract. References by the buyer to other terms and conditions before concluding the purchase contract shall not be considered.

   7. The seller may change or supplement the wording of these terms and conditions. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of these terms and conditions.

2. User Account 

   1. Based on registration performed on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the online store interface allows, the buyer may also place orders without registration directly from the online store interface.

   2. A user account may be established by any natural person over 18 years of age. Each natural person may have only one user account. The seller reserves the right to cancel duplicate user accounts.

   3. Establishment and maintenance of a user account is free of charge.

   4. A user account is established for the buyer upon acceptance of the terms and conditions by delivering a registration confirmation of the user account to the buyer's email address provided in the registration form.

   5. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data stated in the user account in case of any changes. Before submitting each order, the buyer has the opportunity to verify the accuracy of the data provided in the order. The data provided by the buyer in the user account and when ordering goods are deemed correct by the seller, and the seller shall not be liable to the buyer for any damage or other defects caused by incorrect, untrue, or incomplete data.

   6. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding information necessary to access their user account and is not authorized to allow the use of the user account by third parties. The seller shall not be liable for any damage incurred by the buyer due to disclosure or other leakage of access credentials to their user account or their unauthorized use by a third party.

   7. If the buyer becomes aware of any disclosure or leakage of access credentials to their user account or suspects such disclosure or leakage, they are obliged to take all reasonable measures to prevent future misuse of the user account.

   8. The buyer shall report any issues with access to the user account to the seller immediately upon discovery, using the contacts provided on the website to allow for their effective resolution.

   9. The seller may terminate the user account, especially if the buyer does not use their user account for more than 24 months or if the buyer seriously or repeatedly breaches their obligations under the purchase contract (including the terms and conditions).

   10. The buyer acknowledges that the user account may not be available uninterrupted, especially due to necessary maintenance of the seller's hardware and software equipment or necessary maintenance of third-party hardware and software equipment.

3. Conclusion of Purchase Contract

   1. All presentations of goods placed in the online store interface are of an informative nature, and the seller is not obliged to conclude a purchase contract for these goods. § 1732 para. 2 of the Civil Code shall not apply.

   2. The online store interface contains information about the goods, including the prices of individual goods. The prices of goods are stated including value added tax and all related fees. The prices of goods remain valid while they are displayed in the online store interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

   3. The online store interface also contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of goods stated in the online store interface applies only when the goods are delivered within the territory of the Czech Republic and the Slovak Republic. In cases where the seller offers free delivery of goods, the buyer's entitlement to free delivery of goods is conditional on the payment of a minimum total purchase price of the delivered goods as specified in the online store interface. In the event of partial withdrawal from the purchase contract by the buyer and the total purchase price of the goods from which the buyer did not withdraw does not reach the minimum amount required to qualify for free delivery of goods according to the preceding sentence, the buyer's right to free delivery of goods expires, and the buyer is obliged to pay for the delivery of goods to the seller.

   4. To order goods, the buyer fills in the order form in the online store interface. The order form includes, in particular, information about:

      1. the ordered goods (the ordered goods are "placed" by the buyer in the electronic shopping cart of the online store interface),

      2. the method of payment of the purchase price of the goods, information on the desired method of delivery of the ordered goods, and

      3. information on the costs associated with the delivery of goods (collectively referred to as the "order").

   5. Before sending the order to the seller, the buyer is allowed to check and modify the details entered into the order, including the ability for the buyer to identify and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the button "ORDER with obligation to pay". The details stated in the order are considered correct by the seller. The submitted order by the buyer is a proposal for the conclusion of a purchase agreement regarding the ordered goods.

   6. Immediately after receiving the order, the seller confirms this receipt to the buyer by electronic mail to the buyer's email address provided in the user interface or in the order (hereinafter "buyer's email address").

   7. Depending on the nature of the order (quantity of goods, purchase price, expected shipping costs), the seller is always entitled to request additional confirmation of the order from the buyer (e.g., in writing or by phone).

   8. The seller makes every effort necessary to ensure the currency and accuracy of prices on the website. However, the buyer acknowledges that in exceptional cases, due to administrative or technical errors, an obviously disproportionately low price of goods may be displayed. A price is considered obviously disproportionately low if it significantly differs from prices of comparable goods offered by the seller or from prices of comparable goods offered on the Czech market by other sellers (hereinafter referred to as "obviously disproportionately low price"). If the buyer suspects or has reason to suspect that the price displayed on the website is an obviously disproportionately low price, the buyer is obligated to verify its correctness and binding nature with the seller before submitting the order, either via email to info@pavouci.cz or by phone at +420 778 080 897.

   9. A contractual relationship based on a purchase agreement between the seller and the buyer arises upon the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail to the buyer's email address.

   10. The seller is entitled to refuse or cancel an order if it is not possible to deliver the ordered goods due to stock depletion or unavailability. In such cases, the seller is obliged to inform the buyer about the refusal or cancellation of the order in writing or by phone. The seller is also entitled to refuse or cancel an order if the buyer orders goods at an obviously disproportionately low price displayed on the website due to administrative or technical errors, and if the buyer has not confirmed the correctness and binding nature of the order before submitting it.

   11. The buyer agrees to use remote communication means when concluding a purchase agreement. The costs incurred by the buyer for using remote communication means in connection with the conclusion of a purchase agreement (internet connection costs, telephone call charges) shall be borne by the buyer, and these costs do not differ from the basic rate.

4. Price of Goods and Payment Conditions

   1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the seller by the following means:

      1. in cash or by payment card at the seller's premises at Královská cesta 147, Kolín 4, 280 02;

      2. in cash on delivery at the place specified by the buyer in the order;

      3. by bank transfer to the seller's account no. 2900512457/2010, maintained at Fio banka, a.s. (hereinafter "seller's account");

      4. by non-cash payment card online;

   2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount, which will be displayed on the website interface. Unless explicitly stated otherwise, the purchase price includes the costs associated with packaging and delivery of the goods.

   3. The seller does not require a deposit or any similar payment from the buyer. This does not affect the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

   4. In case of payment in cash or cash on delivery, the purchase price is due upon receipt of the goods. In case of non-cash payment, the purchase price is due within 14 days from the conclusion of the purchase agreement.

   5. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of payment. In case of non-cash payment, the obligation of the buyer to pay the purchase price is fulfilled at the moment of crediting the respective amount to the seller's account.

   6. The seller is entitled, especially if the buyer fails to provide additional confirmation of the order (Article 3.7), to demand payment of the entire purchase price before dispatching the goods to the buyer. The provision of Section 2119 (1) of the Civil Code shall not apply.

   7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

   8. If customary in commercial practice or required by generally binding legal regulations, the seller will issue a tax document - invoice regarding payments made under the purchase agreement to the buyer. The seller is the payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of goods and will be sent electronically to the buyer's email address.

5. Transport and Delivery of Goods

   1. Before submitting the order in the web interface of the store, the buyer has the right to choose the preferred method of transport and delivery of the goods at the price stated therein. The costs of delivering the goods vary according to the method of transport chosen by the buyer.

   2. If the mode of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

   3. If, under the purchase agreement, the seller is obliged to deliver the goods to a place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

   4. If due to reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a manner different from that stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with different delivery.

   5. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately of any defects. If there is any damage to the packaging indicating unauthorized intrusion into the consignment, the buyer may refuse to accept the consignment from the carrier.

   6. Additional rights and obligations of the parties in the transport of goods may be governed by special delivery conditions issued by the seller.

6. Withdrawal from the Purchase Agreement

   1. The buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, among other things, it is not possible to withdraw from a purchase agreement for the supply of goods that have been tailored to the wishes of the buyer or for his person, from a purchase agreement for the supply of goods subject to rapid deterioration, as well as goods delivered in a closed package that the consumer has removed from the package and that cannot be returned for hygienic reasons, from a purchase agreement for the supply of audio or video recordings or computer software if the original packaging has been broken, and from a purchase agreement for the supply of newspapers, periodicals or magazines.

   2. If it is not a case referred to in Article 6.1 or another case where withdrawal from the purchase agreement is not possible, the buyer - consumer has the right, in accordance with Section 1829 (1) of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days from the receipt of the goods, and in the case of multiple types of goods or delivery of several parts, this period runs from the receipt of the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period mentioned in the preceding sentence. The buyer - consumer can use the model withdrawal form provided by the seller, which is an annex to the terms and conditions. Withdrawal from the purchase agreement can be sent by the buyer - consumer, among other options, to the address of the seller's store or to the email address info@pavouci.cz of the seller.

   3. In case of withdrawal from the purchase agreement under Article 6.2 of the terms and conditions, the purchase agreement is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the delivery of the withdrawal from the agreement to the seller. The returned goods must not be damaged and must not show signs of wear beyond the usual handling necessary to inspect or test the goods. If the buyer - consumer withdraws from the purchase agreement, the buyer - consumer bears the cost of returning the goods to the seller, even if the goods cannot be returned due to their nature by ordinary mail.

   4. If the buyer - consumer withdraws from the purchase agreement, the seller will return to the buyer - consumer, without undue delay, no later than fourteen (14) days from the date of withdrawal from the purchase agreement, all funds, including delivery costs, received from the buyer - consumer under the purchase agreement, in the same way as received from the buyer - consumer. The seller is also entitled to return the performance provided by the buyer - consumer when returning the goods or otherwise, provided the buyer - consumer agrees and incurs no additional costs to the buyer - consumer. If the buyer - consumer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer - consumer before the buyer - consumer returns the goods or proves to the seller that the goods have been sent to the seller.

   5. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

   6. Until the goods are accepted by the buyer, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller will return to the buyer, without undue delay, the purchase price, including delivery costs, received from the buyer, in the same way as the buyer made the payment to the seller. Withdrawal from the purchase agreement by the seller does not affect the buyer's right to withdraw from the purchase agreement for other reasons stipulated by the law.

7. Rights from Defective Performance

   1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code). If the purchase agreement does not specify otherwise, the seller is responsible to the buyer - consumer that the goods sold are free of defects upon receipt.

   2. The seller is particularly responsible to the buyer that at the time the buyer takes over the goods:

      1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expects with regard to the nature of the goods and the advertising made by them,

      2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

      3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

      4. the goods are in the corresponding quantity, measure or weight, and

      5. the goods comply with the requirements of legal regulations.

   3. Provisions referred to in Article 7.2 do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by their usual use, in case of used goods to defects corresponding to the degree of use or wear the goods had when taken over by the buyer, or if it follows from the nature of the goods.

   4. The buyer is not entitled to rights from defective performance if the buyer knew before taking over the goods that the goods were defective, or if the buyer caused the defect themselves. The buyer is also not entitled to rights from defective performance if the packaging of the goods is damaged upon receipt from the carrier in a manner that may suggest mechanical damage to the goods. If the buyer discovers upon receipt of the goods from the carrier that the packaging of the goods is damaged, the buyer is obliged to report the shipment immediately upon receipt to the carrier, but no later than two working days after delivery of the shipment.

   5. Rights from defective performance do not apply to defects caused by incorrect use of the goods, improper storage of the goods, attempts by the buyer to repair the goods, or other undesirable handling of the goods that prevents proper assessment of the nature of the declared defect.

   6. If a defect appears within one year from receipt, it is presumed that the goods purchased by the consumer-buyer were defective at the time of receipt, unless the nature of the defect excludes this.

   7. A consumer-buyer may assert rights from defective performance within two years of receipt and enforce them against the seller.

   8. If the goods have a defect, the consumer-buyer may request its removal by repair or delivery of a new defect-free item, unless the chosen method of defect removal is impossible or disproportionately expensive compared to another method.

   9. A consumer-buyer may demand a reasonable discount from the price of the goods or withdraw from the purchase contract if:

      1. the seller does not remove the legitimately claimed defect or refuses to remove it;

      2. the defect of the goods recurs;

      3. the defect of the goods constitutes a material breach of the purchase contract; or

      4. it is evident from the seller's statement or from the circumstances that the defect will not be rectified within a reasonable time or without significant inconvenience to the buyer.

   10. The buyer asserts rights from defective performance against the seller at the address of its establishment where the acceptance of complaints is possible in view of the range of goods sold, possibly also at the registered office or place of business. The moment of asserting the complaint is considered to be the moment when the seller receives the claimed goods from the buyer. The buyer may notify the seller of the complaint in advance and agree on the details of its settlement by email to sklad@pavouci.cz.

   11. The buyer shall deliver the claimed goods by physical delivery to the brick-and-mortar store of the seller or by sending them to PAVOUCI s.r.o., Královská cesta 147, 280 02 Kolín 4. Goods sent to the seller cash on delivery will not be accepted by the seller and will be returned to the buyer at their own expense. The buyer is also obliged to submit a complaint protocol along with the claimed goods (also available in the "ALL ABOUT PURCHASE" section), specifying the reason for the complaint, details for possible refund, and other necessary information.

   12. If the buyer exercises the right to defective performance (complaint), the seller shall confirm to them in writing when the right was exercised, as well as the performance of the repair and the approximate duration thereof. The complaint shall be processed within 30 days from its assertion.

   13. Other rights and obligations of the parties related to the liability of the seller for defects may be governed by the seller's complaints procedure.

   14. The seller does not provide the buyer with a voluntary warranty for the quality of the goods, unless a warranty for quality is provided directly by the manufacturer to the buyer by stating the warranty period on the packaging of the goods or in the warranty certificate. In such a case, the length of the warranty period and the conditions of the warranty are governed by the information on the packaging of the goods and the statements of the manufacturer specified in the warranty certificate of the goods.

8. Other rights and obligations of the contracting parties

   1. Ownership of the goods passes to the buyer only upon full payment of the purchase price. The risk of accidental loss and accidental deterioration of the item passes to the buyer at the moment of the item's takeover by the buyer (or a person authorized by them).

   2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code.

   3. The buyer is entitled to submit a complaint to the seller in any form and in any matter, and the seller will do everything reasonable to resolve it promptly. The seller ensures extrajudicial settlement of consumer complaints through the email address sklad@pavouci.cz. The seller will send information on the resolution of the buyer's complaint to the buyer's email address.

   4. The seller is entitled to sell goods based on a trade license. The relevant trade authority carries out trade inspections within the scope of its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority performs, among other things, supervision over compliance with the Consumer Protection Act, being the authority ensuring extrajudicial resolution of consumer disputes arising from consumer contracts, which the consumer is entitled to initiate at their own initiative. More information about the proposal can be found at www.coi.cz.

   5. The buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.

9. Gift Vouchers

   1. In the online interface of the store, the buyer can purchase a gift voucher for one of the offered amounts, or by agreement with the seller, also for another amount specified by the buyer. The gift voucher can be used to pay for goods purchased through the online interface of the store, or for training or inspections.

   2. The gift voucher will be sent to the buyer in the form of a laminated card to the delivery address specified by them, or electronically upon the buyer's request. The method of selecting the form of the gift voucher is described in more detail in the product information in the online interface.

   3. The gift voucher can be redeemed in the online interface of the store during the order process by entering the unique code specified on the gift voucher or by presenting the voucher at the brick-and-mortar store.

   4. The gift voucher is valid for 1 year from its purchase.

   5. The gift voucher must be used in its full value for a single order. Money is not refunded for the gift voucher.

   6. Gift vouchers cannot be combined. Only one gift voucher can be applied per order.

10. Personal Data Protection

    1. The rules for protecting the buyer's personal data, including the rules for processing cookies, are governed by the document Privacy Policy published on the seller's website www.worksafety.cz.

11. Sending Commercial Communications

    1. In accordance with Section 7 of Act No. 480/2004 Coll., on Certain Information Society Services, as amended, the seller is authorized to send commercial communications regarding goods similar to those purchased by the buyer based on the purchase contract.

    2. The buyer has the right to withdraw their consent to receive commercial communications at any time, either by email to info@pavouci.cz or by clicking on the unsubscribe link in the relevant commercial communication.

12. Customer Reviews

    1. Buyers can evaluate goods purchased through the online interface of the store, including services provided by the seller, by rating with the option to attach comments. The seller ensures maximum transparency of such ratings.

    2. Buyers can rate purchased goods and services from the seller in one of the following ways:

       1. Rating in the online interface of the store: Ratings can only be provided by a registered user for the relevant goods, rating by assigning a number of stars, where one star indicates the lowest satisfaction of the buyer with the goods and five stars indicate the highest satisfaction of the buyer with the goods. The average rating by registered users is displayed for the goods through a five-star scale, showing the number of ratings from which the average is calculated. After submission, the seller verifies the review by verifying the validity of the buyer's account and checking whether the user purchased the goods from the seller. The seller does not allow the publication of reviews in the online interface of the store if they are submitted by a user who did not purchase the goods from the seller.

       2. Rating through the Heureka.cz portal: The seller assesses the satisfaction of the buyer with the purchased goods and services provided by the seller via the Heureka.cz portal, using the Heureka.cz rating system, where the buyer rates their satisfaction with the goods and services from the seller in the five-star system. The seller's rating on Heureka.cz is available on the Heureka.cz website and serves as a decision-making tool for other potential buyers in choosing a seller.

13. Alternative Dispute Resolution

    1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification Number: 000 20 869, Internet address: www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform set up by the European Commission is also available at ec.europa.eu/consumers/odr.

14. Concluding Provisions

    1. The relations not regulated by these business terms and conditions are governed by the relevant provisions of the Civil Code, Act No. 634/1992 Coll., on Consumer Protection, as amended, and Act No. 89/2012 Coll., Civil Code, as amended.

    2. These Terms and Conditions enter into force on January 1, 2022.

    3. By confirming the order, the buyer confirms that they have become acquainted with these Terms and Conditions and agree with them. The seller is entitled to change these Terms and Conditions. Obligations arising during the period of validity of the previous Terms and Conditions are governed by the wording of the Terms and Conditions valid at the time of the buyer's order, unless otherwise specified in the relevant terms and conditions.

 

In Kolín on February 28, 2024

PAVOUCI s.r.o.