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  1. Introduction
  2. ALL ABOUT BUYING
  3. Business terms and conditions
Business terms and conditions

business companyMILFA FISHING INT, s.r.o.

head officein Zlín, L .Váchy 675

identification number:25316681

registered in the commercial register kept in the Regional Court in Brno, section C, insert 24837

for the sale of goods through an online store located at the Internet addressiitk.info



1. INTRODUCTORY PROVISIONS

1.1.      These terms and conditions (hereinafter referred to as"terms and conditions") of the trading companyMILFA FISHING INT, s.r.o., based in Zlín, L. Váchy 675, identification number: 25316681, registered in the commercial register kept in the Regional Court in Brno, section C, insert 24837 (hereinafter referred to as"seller") edited in in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter only"Civil Code") mutual rights and obligations of contractual parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as"purchase contract") concluded between the seller and another natural person (hereinafter referred to as" buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address iitk.info (hereinafter referred to as"website"), through the website interface (hereinafter only"store web interface").

1.2.      The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.

1.3.      Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

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

1.5.      The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.



2. USER ACCOUNT

2.1.      Based on the buyer's registration done on the website, the buyer can access its user interface. From his user interface, the buyer can order goods (hereinafter referred to as"user account"). The buyer can also order goods without registration directly from the store's web interface.

2.2.      When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data given in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3.      Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4.      The buyer is not authorized to allow the use of the user account by third parties.

2.5.      The seller can cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).

2.6.      The buyer acknowledges that the user account may not be available 24/7, especially due to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.



3. CONCLUSION OF THE PURCHASE CONTRACT

3.1.      All presentation of goods placed in the web interface of the store is informative in nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.

3.2.      The store's web interface contains information about the goods, including the prices of the individual goods and the cost of returning the goods, if the goods, by their nature, cannot be returned by the usual postal route. Product prices are inclusive of value added tax and all related charges. Product prices remain valid for as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

3.3.      The store's web interface also includes information about the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of 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 mainly contains information about:

3.4.1.    ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping basket of the store's web interface),

3.4.2.    method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3.    information about the costs associated with the delivery of the goods (hereinafter collectively only as"order").

In the case of indicating such a price where it is obvious that this is an error in writing and numbers, this price is not binding and the purchase contract is not concluded.

3.5.      Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "SEND ORDER" button. The data given in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the e-mail address of the buyer specified in the user account or in the order (hereinafter only"buyer's electronic address").

3.6.      The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7.      The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

3.8.      The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.



4. PRICE OF GOODS AND PAYMENT TERMS

4.1.      The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:
in cash at the seller's premises at L.Váchy 675, Zlín;
in cash at cash on delivery at the place specified by the buyer in the order;
by cashless transfer to the seller's account No. 2107513374/2700, maintained at UniCredit Bank (hereinafter only"seller's account").

4.2.      Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3.      The seller does not require a deposit 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 cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days from the conclusion of 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 when 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 § 2119, paragraph 1 of the Civil Code shall not apply.

4.7.      Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8.      If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document - the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

4.9.      According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.

4.10.      Discount program on the e-shop iitk.info:The discount cannot be used for selected sale and sale items. The products are marked with the "ACTION" label for the given product. The amount of the discount is explained in the following link:/slevovy-program|| |430

4.11.       The operator reserves the right to correct the price of the goods before sending the goods, if he discovers that the goods were offered at an incorrect price. In such a case, the customer must be informed of the correct price  and the customer must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be canceled by the operator.

4.12.       Orders sent abroad are sent only when payment is made by bank transfer. We do not ship cash on delivery.

 

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1.      The buyer acknowledges that according to § 1837 of the Civil Code, among other things, it is not possible to withdraw from a purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods , which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of an audio or video recording or a computer program, if he violated their original packaging.

5.2.      If it is not a case mentioned in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code within fourteen (14 ) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance 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 forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's premises or the seller's e-mail address milfa@volny.cz or info@fishing-profi.cz.

5.3.      In the case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase 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 if the goods cannot be returned due to their nature by the usual postal route.

5.4.      In the case of withdrawal from the purchase contract according 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 withdrawal from the purchase contract by the buyer, 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 it does not incur additional costs for the buyer. 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 to him or proves that he has sent the goods to the seller.

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

5.6.      In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 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 the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash 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 the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return, together with the goods to the seller, gift given.



6. TRANSPORT AND DELIVERY OF GOODS

6.1.      In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.

6.2.      If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3.      In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.

6.4.      When taking over 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, to notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5.      Other rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if they are issued by the seller.

6.6.     Delivery of the goods if we have them in stock we ship themusually within 3 working days of the order. For products wherea stock date is specified in availability, we usually ship after this date. This deadline applies only to goods ordered on cash on delivery. When paying by bank transfer, we only ship the goods after the amount has been credited to the account. If the goods are not in stock and you need to order them from the importer or manufacturer, the delivery time will unfortunately be extended. In such cases, the goods are usually sent within 7 working days. In exceptional cases, the delivery time may be longer than 7 working days, if the goods are not currently with the supplier. In the event that we are unable to secure specific goods within a reasonable time, we will contact you, offer you alternative goods and agree on the next procedure.

6.7.      We ship the goods viaGLS shipping service.Price of postage: CZK 100.Price of cash on delivery: CZK 49. When paying by transfer, the prepayment is CZK 0.00.For purchases over 2,000 NOK, postage is FREE. For oversized shipments, the goods are always delivered via the GLS shipping service.(oversized shipments include rods, sunbeds, chairs, bivouacs, umbrellas, brollies, etc.)

We only ship toabroad (e.g. the Slovak Republic) shipments when paying by transfer to a foreign account, We do not send goods on delivery.The shipping price is CZK 180.

6.8.      Explanation of the term "in stock in the e-shop", means that the goods are in stock at the brick-and-mortar store in Zlín or in stock at the supplier. All these points mean the term "in stock in the e-shop".



7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1.      The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 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 of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1.    the goods have the properties agreed upon by the parties and, in the absence of an agreement, have such properties that the seller or manufacturer has 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 that the seller states for their use or for which goods of this type are usually used,

7.2.3.    the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model, 480

7.2.4.    je zboží v odpovídajícím množství, míře nebo hmotnosti a

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

7.3.      The provisions stated in Article 7.2 of the terms and conditions of trade do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.

7.4.      If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.

7.5.      Rights from defective performance are exercised by the buyer at the seller's address, where the complaint can be accepted with regard to the range of goods sold, or 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 modified 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 entire purchase price of the goods.

8.2.      In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

8.3.  The seller handles consumer complaints via the email address milfa@volny.cz or info@fishing-profi.cz. The seller will send information about the handling of the buyer's complaint to the buyer's e-mail address.

8.4.      Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

8.5.      The European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation of the European Parliament and Council (EU) No. 524/2013 of 21 . of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

8.6.      The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Supervision over the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.7.      The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.



9. PROTECTION OF PERSONAL DATA

9.1.      The seller processes the buyer's personal data. More information on such processing can be found in this link:/osobni-udaje-informacni-povinnost



10. FINAL PROVISIONS

10.1.      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.

10.2.      By choosing the law according to this article of the terms and conditions, the consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which would otherwise be applied in the absence of the choice of law according to the provisions of Article 6, paragraph 1 of the Regulation of the European Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).

10.3.      If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.

10.4.     The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

10.5.     The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract.

10.6.     Contact details of the seller: address for delivery: Milfa fishing int, s.r.o., L. Váchy 675, 760 01 Zlín, email address milfa@volny.cz or info@fishing-profi.cz, telephone 577011774.

 

According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

The operator of the website iitk.info reserves the right to change the terms and conditions.

 

In Zlín on 15/12/2022


A. Fafílková, company manager

 

Attachment:Sample form on withdrawal from the purchase contract - download HERE.

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Martin Fafílek
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