Terms and Conditions
- Introductory Provisions
- User Account
- Conclusion of the Purchase Agreement
- Price of Goods, Discounts and Payment Conditions
- Withdrawal from the Purchase Agreement
- Shipping and Delivery of Goods
- Rights from Defective Performance
- Other Rights and Obligations of the Parties
- Protection of Personal Data and Sending of Commercial Communications
- Sending Commercial Communications and Storing Cookies
- Delivery
- Final Provisions
1. Introductory Provisions
1.1. These terms and conditions (hereinafter "terms and conditions") of the business company PlasticPlanet s.r.o., with its registered office at Kodymova 2539/8, 158 00 Prague 5 - Stodůlky, identification number: 24683396, registered in the Commercial Register at the Municipal Court in Prague, section C, file number 237204 (hereinafter "the seller") regulate the mutual rights and obligations of the parties arising in connection with or based on the purchase agreement (hereinafter "purchase agreement") concluded between the seller and another natural or legal person (hereinafter "the buyer") through the seller's online store. The online store is operated by the seller at the internet address www.plasticplanet.cz (hereinafter "website"), via the web interface of the store (hereinafter "web interface").
1.2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting in the course of their business or in the course of their self-employed profession.
1.3. Provisions differing from the terms and conditions can be agreed upon in the purchase agreement. Such provisions in the purchase agreement take precedence over the provisions of these terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drafted in the Czech language. The purchase agreement can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect rights and obligations arising during the validity of the previous version of the terms and conditions.
2. User Account
2.1. Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter "user account"). If the web interface allows, the buyer can place an order for goods without registration directly from the web interface.
2.2. When registering on the website and when ordering goods, the buyer is required to provide correct and truthful information. The buyer is required to update any information provided in their user account as soon as any changes occur. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is required to maintain confidentiality regarding the information necessary for accessing their user account.
2.4. The buyer is not allowed to allow third parties to use their user account.
2.5. The seller may cancel the user account, especially if the buyer has not used the account for more than 12 months, or if the buyer breaches their obligations under the purchase agreement (including these terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, particularly due to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
3. Conclusion of the Purchase Agreement
3.1. All product presentations placed in the web interface of the store are of an informational nature, and the seller is not obligated to conclude a purchase agreement for these products. Section 1732, paragraph 2 of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual items and the costs of returning goods if the goods cannot be returned by regular mail. Prices of goods are shown including VAT and all related charges. The prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs of packaging and delivery of goods. The information about the costs of packaging and delivery of goods displayed in the web interface applies only when the goods are delivered within the Czech Republic.
3.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form includes the following information:
3.4.1. The goods being ordered (the buyer "adds" the ordered goods to the electronic shopping cart in the web interface of the store),
3.4.2. The method of payment for the purchase price of the goods, the requested method of delivery of the ordered goods, and
3.4.3. Information about the costs associated with the delivery of the goods (hereinafter referred to collectively as "order").
3.5. Before submitting the order to the seller, the buyer is allowed to review and modify the data they have entered into the order, including the option to identify and correct errors made during the data entry process. The buyer submits the order to the seller by clicking the "Confirm Order" button. The information provided in the order is considered correct by the seller. The seller will immediately confirm the receipt of the order to the buyer by email, sent to the buyer's email address provided in the user interface or in the order (hereinafter "the buyer's email address").
3.6. The seller is always entitled to request additional confirmation of the order from the buyer (e.g., in writing or by phone), depending on the nature of the order (quantity of goods, price, expected delivery costs).
3.7. The contractual relationship between the seller and the buyer is established upon delivery of the acceptance of the order (the seller’s confirmation), which is sent to the buyer by email, to the buyer’s email address.
3.8. The buyer agrees to the use of remote communication means for concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with concluding the purchase agreement (costs for internet connection, phone calls) are borne by the buyer, and these costs do not differ from the standard rate.
4. Price of goods, discounts and payment terms
4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- in cash at the seller's premises at Kodymova 2539/8, 158 00 Prague 5 - Stodůlky;
- in cash on delivery at the location specified by the buyer in the order;
- by bank transfer to the seller's account No. 237266106 / 0300, held with ČSOB (hereinafter referred to as the "seller's account");
- by bank transfer via a payment system;
- by bank transfer by card
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to mean the costs associated with delivery of the goods.
4.3. The seller does not require an advance payment or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
4.7. Any discount coupons (general discounts on the price of goods) provided by the Seller to the Buyer cannot be combined with each other. Discount coupons can only be applied to selected products (selected models and publications), they cannot be applied to already discounted goods and are valid only until the date indicated on the Discount Coupon.
4.8. If the customer registers on the e-shop, he/she receives a loyalty discount of 5%. He/she also receives a volume discount according to the total order amount:
Order worth 2000 – 3999 CZK = additional 2% discount
Order worth 4000 – 4999 CZK = additional 4% discount
Order worth 5000 CZK and more = additional 5% discount
In the event that the goods are on special discount, these discounts are not added together.
4.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer’s electronic address.
4.9. Goods with a zero or negative price, which are offered by an electronic store (e-shop) due to an error, are not for sale. The seller will cancel this order and inform the buyer.
5. Withdrawal from the purchase contract
5.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from the purchase contract for the supply of audio or video recordings or computer programs if their original packaging has been damaged.
5.2. If this is not the case referred to in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the Buyer has, in accordance with the provisions of Section 1829 para. 1 of the Civil Code, the right to withdraw from the purchase contract, within fourteen (14) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions. The buyer can send the withdrawal from the purchase contract, among others, to the address of the seller's premises or to the seller's e-mail address shop@plasticplanet.cz.
5.3. In the event of withdrawal from the purchase contract according to Art. 5.2 of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the entrepreneur.
5.5. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the buyer is obliged to return the gift provided to the seller together with the goods.
6. Transportation and delivery of goods
6.1. If the method 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 method of transport.
6.2. If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to accept the goods upon delivery.
6.3. If, for reasons on the buyer's part, the goods must be delivered repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7. Rights arising from defective performance
7.1. The rights and obligations of the contracting parties 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).
7.2. The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the goods:
7.2.1. the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties that the seller or the manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are in an appropriate quantity, measure or weight and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, for wear and tear of the goods caused by their usual use, or for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods.
7.4. If the defect becomes apparent within six months of taking over, it shall be deemed that the goods were defective already upon taking over. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months from the date of receipt.
7.5. The buyer exercises the rights from defective performance with the seller at the address of his business premises, where the acceptance of the complaint is possible with regard to the range of goods sold, or possibly also at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. Other rights and obligations of the contracting parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.
8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.
8.4. The seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out by the relevant trade license authority within its scope of competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
9. Protection of personal data and sending of commercial communications
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller for the purposes of exercising rights and obligations under the purchase contract and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in full pursuant to this article is not a condition that would in itself prevent the conclusion of a purchase contract.
9.4. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5. The Seller may authorize a third party, as a processor, to process the Buyer's personal data. Apart from persons transporting the goods, personal data will not be transferred to third parties by the Seller without the Buyer's prior consent.
9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal data provided are accurate and that he has been informed that the provision of personal data is voluntary.
9.8. If the Buyer believes that the Seller or the Processor (Article 9.5) is processing his personal data in a manner that is contrary to the protection of the Buyer's private and personal life or in violation of the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may:
9.8.1. ask the Seller or the Processor for an explanation,
9.8.2. demand that the Seller or the Processor eliminate the situation that has arisen in this way.
9.9. If the Buyer requests information about the processing of his personal data, the Seller is obliged to provide him with this information. The Seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.
10. Sending commercial communications and storing cookies
10.1. The buyer has the option to express consent (and subsequently withdraw consent) to the sending of information related to the seller's goods, services or company to the buyer's electronic address during the order process, or for example via the News by email option. In particular, this concerns commercial communications about news, new goods in stock, promotions, discounts, opening of pre-orders, etc.
10.2. The buyer has the option to express consent or disagreement with the storage of so-called cookies on his computer. It is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without the storage of so-called cookies on the buyer's computer.
10.3. More information can be found here.
11. Delivery
11.1. The Buyer may be delivered to the Buyer's electronic address.
12. Final provisions
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. The appendix to the terms and conditions consists of a sample form for withdrawal from the purchase contract.
12.5. Seller's contact details: delivery address Kodymova 2539/8, 158 00 Prague 5 - Stodůlky, e-mail address shop@plasticplanet.cz, phone +420 235 315 925.
In Prague on 1.2.2018
The representative of the company PlasticPlanet s.r.o.