Business Terms and Conditions
for electronic shop of
All registered seat at: U Sluncové 666/12a, Karlín, 180 00 Prague 8
All Companies entered in the Commercial Register maintained by the Municipal Court in Prague,
Phones: (+420) 774 33 22 11, 722 666 444, 775 33 22 11
Seller´s address for correspondence:
KATY PATY, Benátecká 1479, 25002 Stará Boleslav, Czech Republic
Show-room of the Seller:
Na Břehu - Redpoint building, Na Břehu and Mlékárenská) 19000 Prague 9 - Vysočany
KATY PATY Drive, Benátecká 1479, 25002 Stará Boleslav, Česká republika
1 Initial Provisions
1/1 These Business Terms and Conditions lay down details of the legal relationship between the Seller and the Customer (hereinafter also the "Buyer“) constituted by goods sales via internet shop on www.katypaty.com (hereinafter "E-shop“).
1/2 This relationship between the Seller and the Buyer is governed by the Czech law, including but not limited to Act no 89/2012 Coll., the Civil Code, as amended, and if the Buyer is a consumer then also by Act no 634/1992 Coll., on Consumer Protection, as amended.
1/3 The Seller does not guarantee suitability, approval or fitness of the information on the E-shop web site or goods sold by the E-shop for use outside the Czech Republic. Buyer entering the E-shop web site from outside the Czech Republic or using the goods purchased from the E-shop outside the Czech Republic is fully responsible for consequences of the web site visit and use of the goods.
2 Subject of Contract
2/1 The Seller hereby agrees to supply to the Buyer goods specified in the order filed by means of the order form of the E-shop and the Buyer hereby agrees to pay the agreed price of the goods, all under the terms and conditions hereof.
3 E-Shop Environment
3/1 The Buyer can order goods from the E-shop directly without the need for any registration.
3/2 When ordering the goods the Buyer is liable for the required data entered to be correct and complete. The data entered by the Buyer in the context of the goods ordering shall be considered correct by the Seller.
3/3 The Buyer acknowledges that the E-shop need not be accessible non-stop, especially due to the necessary maintenance of the hardware and software equipment of the Seller or third parties.
3/4 The Buyer acknowledges that the software and other components of the web interface of the E-shop (including photographs of the offered goods) are copyright protected. The Buyer hereby agrees not to perform any activity that might allow the Buyer or any third parties unauthorised interference with or use of the software or other parts of the E-shop web interface.
4 Goods Ordering and Contract Execution
4/1 The presented goods are designed for the purpose specified in the respective goods descriptions. Use of the goods in another way, for another purpose or not in compliance with the instruction for use or other instructions issued with the goods and consequences of such actions shall be outside the responsibility of the Seller.
4/2 Valid order filing in the E-shop is conditioned by complete and correct filling out of all required data and other appurtenances requested by the order form. To order goods in the E-shop the Buyer shall fill out the order form available on the web interface of the Seller. The order form shall require the following information, including but not limited to:
(a) The ordered goods (the Buyer shall place the ordered goods in the electronic shopping basket found on the web interface of the Seller),
(b) The goods purchase price payment method, data on the required delivery of the purchased goods, and
(c) Information about the goods delivery related costs (hereinafter all together just the "Order“).
4/3 Before the final and binding order confirmation the Buyer may check and correct the whole Order and the entered data, including agreement with these Business Terms and Conditions, the price of the ordered goods including potential shipment and transport costs at the time of the order placement.
4/4 If the Buyer agrees with the text of the Order then after the Order confirmation the Buyer may finally file the Order for processing by clicking the "Submit" button. Thus filed order shall be binding for the Buyer.
4/5 The offers, prices and information on goods availability specified in the E-shop express the current status of the stock of the Seller but for technical and organisational reasons these data may change in the course of the period between the order placement by the Buyer and delivery to the Seller pursuant to 4/6 above, and so the goods listed in the E-shop at the time of the order placement may not be available anymore under the declared conditions.
4/6 Immediately after the order receipt the Seller shall send an e-mail to the address of the Buyer stated in the order in which the Seller shall confirm the order.
4/7 The Seller hereby reserves the right not to accept an order in justified cases, especially when the ordered goods are no longer on stock, or unavailable from the supplier, if there are apparent mistakes in the price or description of the goods in the E-shop goods catalogue or if the Buyer has previously violated any contractual liability towards the Seller.
4/8 This contract is executed in the Czech language but it can also be executed in a foreign language. The executed purchase contract shall be archived by the Seller for the purpose of its successful implementation in the electronic format for 5 years without third party access to it. Information about the individual technical steps leading to the contract execution is included herein where this process is transparently described.
4/9 Remote communication means may be used for the contract execution. If any remote communication means are used for the contract execution the Buyer shall cover its own costs of use of these means of communication.
5 Goods Price and Payment Terms
5/1 The price of the goods is contracted price in the sense of Act no 526/1990 Coll., on Prices, as amended, and is stated in the E-shop as the final price. The costs of shipment and transport, in the amount stated in the E-shop in the possible delivery modes description and different for the individual delivery modes shall be added to the contracted price. The final price calculated after the order filling out shall be already transport cost inclusive.
5/2 Payments for the goods and transport costs shall be effected:
(a) By wire transfer to the bank account of the Seller maintained by Bank Citfin sporitelní družstvo (hereinafter "Seller´s Account") with the payment deadline of 7 days from the contract execution, but no later than before the goods delivery. The payment liability fulfilment is further conditioned by correct statement of the appropriate variable symbol.
(b) By credit provided by CREDIT ALLIANCE, SE, business ID: 24805394, with registered seat at Na Břehu 260/1, Vysočany, 190 00 Prague 9,
(b) By credit card.
5/3 The invoice issued by the Seller for the Buyer on the basis of the purchase contract shall serve as the tax invoice at the same time. The Buyer may only take the goods over after full payment of the purchase price.
6 Goods Delivery
6/1 The Buyer shall acquire ownership right to the goods after full payment of the purchase price or the goods takeover, whichever comes later.
6/2 The ordered goods shall be delivered to the Buyer to the place specified by the Buyer in its purchase order by full address. The Buyer however acknowledges and accepts that the goods are intended for use within the Czech Republic.
6/3 The delivery deadline shall start on the date of the valid contract execution pursuant to 3/7 above herein after delivery of the confirmation e-mail by the Seller. If the Buyer chooses the payment variant comprising advance wire transfer then the delivery deadline shall start from the full payment of the purchase price, i.e. its crediting to the bank account of the Seller.
6/4 Unless a different delivery term is indicated in the Electronic Shop for the particular goods, the delivery term is 45 business days. In the event the ordered goods may not be supplied within the given term, the Seller shall immediately notify the Purchaser thereof and shall give information on the replacement delivery term. If the Purchaser disagrees with the change and no Contract has been entered into so far, the Purchaser is entitled to cancel the Purchase Order. If the Purchaser disagrees with the change and the Contract has already been entered into, the Purchaser is entitled to withdraw from the Contract till the moment of delivery of the goods.
6/5 If the Seller is obligated under the Contract to supply the goods to the destination determined by the Purchaser in the Purchase Order, the Purchaser is obligated to accept the goods after delivery. Unless the Purchaser accepts the goods after delivery, the Seller is entitled to request a storage fee amounting to CZK 100 a day (say: one hundred Czech crowns) and is in addition entitled to withdraw from the Purchase Contract.
6/6 If, due to the reasons on the Purchaser´s side, the goods have to be delivered repeatedly or in a manner other than indicated in the Purchase Order, the Purchaser is obligated to refund the costs, if any, associated with the repeated delivery of the goods, and/or the costs associated with a different method of delivery.
6/7 The Purchaser, who is the consumer, shall confirm acceptance of the goods by affixing his/her signature on the accompanying document and/or the delivery note. The Purchaser is obligated to duly accept the goods from the carrier, to check the packages for integrity, to check the number of packages and immediately notify the carrier of any defects. If packages are found to be damaged which is indicative of possible damage to the goods and/or possible unauthorized break into the shipment, the Purchaser is recommended not to accept the shipment in his/her own interest. By signing the delivery note, the Purchaser confirms no damage and integrity of the goods package. It shall be deemed that unless the packages was damaged and/or disrupted, the goods were supplied without damage. The Purchaser is obligated to inspect the goods without undue delay after acceptance and to inform the Seller of possible identified defects immediately after having detected such defects. If the goods are marked as fragile, the Purchaser is always obligated in the presence of the delivering person to open the goods package and check whether the goods are not mechanically damaged; if the Purchaser fails to do so or if the Purchaser fails to make a claim of such detected damaged goods immediately afterwards, all the mechanical damages of the goods detected at a later time shall be deemed to be damages occurred after acceptance of the goods by the Purchaser.
6/8 The Purchaser, who is not the consumer, shall confirm acceptance of the goods by affixing his/her signature on the accompanying document and/or the delivery note. The Purchaser, who is not the consumer, is obligated to duly accept the goods from the carrier, to check the packages for integrity, to check the number of packages and immediately notify the carrier of any defects. If packages are found to be damaged which is indicative of possible damage to the goods and/or possible unauthorized break into the shipment, the Purchaser is recommended not to accept the shipment in his/her own interest. The Purchaser confirms that the package was not damaged and/or disrupted and that the shipment complied with all the conditions and requisites as specified above and that the goods were delivered without defects. Later claims of damaged or disrupted packages or the goods will not be taken into account. Adequate procedure is recommended to the Purchaser, who is the consumer, in order to avoid any disputes about where the defect on the goods originated. However, the consumer may not incur any detriment to his/her rights due to non-observance of the aforementioned recommendation, in particular to his/her right to make a claim. If the goods are marked as fragile, the Purchaser is always obligated in the presence of the delivering person to open the goods package and check whether the goods are not mechanically damaged; if the Purchaser fails to do so or if the Purchaser fails to make a claim of such detected damaged goods immediately afterwards, all the mechanical damages of the goods detected at a later time shall be deemed to be damages occurred after acceptance of the goods by the Purchaser.
6/9 If it is not a consumer, unreasonable refusal to accept the goods is not a reason to cancel the contract and the Buyer is obliged to pay the agreed purchase price and freight costs, with the Seller being entitled to demand payment of demonstrably incurred costs associated with the attempt. on repeated delivery of goods to the Buyer and costs of storage of unaccepted goods.
7 Liability for defects, warranty period
7/1 The length of the warranty due to the right for defects according to § 2165 paragraph 1 of the Civil Code is stated in the warranty card for the product, while the minimum warranty period for new goods in cases where the Buyer is a consumer is 60 months, for color fastness of porcelain a 50-year warranty is provided.
7/2 The warranty period begins from the date of receipt of the goods by the Buyer and may be extended by the time for which the goods are under warranty repair. In the event of an unjustified complaint, the warranty period is not extended.
7/3 The warranty covers manufacturing defects of the products or other defects that were not caused by unprofessional or careless handling, use of the product contrary to its purpose or operating instructions, or damage after receipt of goods by the Buyer, such as mechanical damage, natural disasters such as impact lightning or other atmospheric discharge, fire or water or other non-standard phenomena.
7/4 Claims for defects in goods can be made to the Seller, in writing, or by prior agreement in person during business hours. In the event of a complaint, the buyer is obliged to truthfully, completely and clearly describe the claimed defect, submit a warranty card (if issued), proof of purchase and delivery and provide contact information for the purpose of communication on the settlement of the complaint.
7/5 The goods are not intended for use if they show a defect. The Seller is not liable for damage that originates in a defect in the goods or in the use of goods with a defect, if the Buyer knew about this defect or could have known with normal caution.
7/6 Goods which are marked as decorative are intended to be used only as an ornament. The Seller is not responsible for use for another purpose, for the ability to use for another purpose or for the consequences of use for another purpose of such goods.
7/7 Other rights of the Buyer, who is a consumer, and the procedure for settling claims for defects are set out in the Seller's Complaints Procedure located on the E-Commerce website and in the Seller's Show-room.
8 Individual nature of the production of goods and right of withdrawal from the contract
8/1 The Buyer acknowledges that all goods that are offered in the E-shop and whose main construction material is porcelain, are always individually adjusted, ie hand-made and dyed on the basis and according to the Buyer's wishes, and therefore each individual piece of goods is original and deviations are possible between individual pieces of goods. In this context, the Buyer acknowledges that according to the provisions of § 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 Buyer's wishes or for his person.
8/2 If this is not a case where it is not possible to withdraw from the purchase contract, the Buyer, who is a consumer, has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from acceptance of goods, and in the event that the subject of the purchase contract is several types of goods or 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. There is no form for withdrawal from the purchase contract, but the withdrawal must be unambiguous.
8/3 In the event of withdrawal from the purchase contract pursuant to Article 8/2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the Seller. In the event that the Buyer violates the obligation under the previous sentence, the Seller is entitled to a contractual penalty of 0.1% (in words: zero, one tenth of a percent) of the purchase price of the goods to be returned, for each day of delay, maximum however, up to the purchase price of the goods. This provision does not affect the right to compensation for any damage caused by a breach of the obligation to which the contractual penalty applies, even if the damage exceeds the contractual penalty. The goods must be returned to the Seller undamaged and unworn and, if possible, in the original packaging. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with the return of goods to the Seller, even if the goods cannot be returned due to their nature by regular mail. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to compensation for the damage caused to the Buyer.
8/4 In the event of withdrawal from the contract pursuant to Article 8/2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the purchase contract by the Buyer, usually in the same way as the Seller received them from the Buyer. If this is not possible, the Seller shall return the funds to the Buyer to the account specified by the Buyer for this purpose; until the Buyer provides the Seller with all the necessary payment details, the deadline for returning the funds does not run. The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in any other way, if the Buyer agrees and the Buyer does not incur additional costs. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that he sent the goods to the Seller.
8/5 Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the purchase contract at any time. In such a case, the Seller will return the purchase price to the Buyer without undue delay (if it has already been paid), non-cash to the account designated by the Buyer.
9 Consent to the processing of personal data
9/1 When handling personal data, the Seller complies with all obligations stipulated by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9/2 By concluding the contract and these terms and conditions, the Buyer agrees that the Seller will process the Buyer's personal data, which the Buyer provided when placing the Order in the E-shop, especially name and surname, address of residence, identification number, tax identification number, e-mail address , telephone number. The purpose of this processing is the conclusion and performance of the contract and the offering of trade and services and the protection of the rights and legally protected interests of the Seller. Consent is granted for an indefinite period and may be revoked at any time; however, the appeal does not concern data to the extent to which the Seller is entitled to process such data without consent.
9/3 The Seller may authorize a third party to process the above personal data as a processor. The Seller hereby informs the Buyer and provides him with an explicit instruction on the rights arising from Act No. 101/2000 Coll., On the protection of personal data, ie in particular that the provision of personal data is voluntary, that the Buyer has the right to access them, has the right The above consent may be revoked at any time in writing at the Seller's address and it also has the right to contact the Office for Personal Data Protection in the event of a breach of its rights, if the Seller does not arrange the remedy itself at the Buyer's request.
9/4 The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer, and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer; The buyer is guaranteed that he can withdraw this consent simply and without additional costs.
10 Lessons on the possibility of out-of-court settlement of consumer disputes
10/1 In the event of a consumer dispute, the consumer may turn to the out-of-court settlement body for consumer disputes. The Czech Trade Inspection Authority is the competent subject of out-of-court settlement of consumer disputes.
the Czech trade inspection
Central Inspectorate - ADR Department
Stepanska 15 120 00 Prague 2
11 Final provisions
11/1 These terms and conditions are displayed on the E-commerce website www.katypaty.com and their wording effective on the date of the Order is sent to the Buyer as part of an e-mail confirming receipt of the Order (Article 3/6), which allows the Buyer to archiving and reproduction.
11/2 The Business Terms and Conditions apply to the extent and wording specified in the Electronic Store on the day of sending the electronic Order. By sending an electronic Order, the Buyer confirms to the Seller that he has read these terms and conditions and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before the actual execution of the Order and has the opportunity to become acquainted with them.
11/3 In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.