Consumer Terms and Conditions
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Valid from 1/12/2020
MEGABOOKS CZ, spol. s r. o.
Registered in the commercial register maintained by the Municipal Court in Prague, section C, file 16945
100 00 Prague 10 - Strašnice
Business ID: 48117196
Tax ID: CZ48117196
Tel.: 272 123 190
Fax: 272 123 194
Bank details: 716032083/0300 Československá obchodní banka, a. s. (In case of purchase through the e-shop, wait for an e-mail with payment information)
IBAN: CZ1003000000000716032083, SWIFT: CEKOCZPP
These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company MEGABOOKS CZ, spol. s. r. o., with registered office at Třebohostická 2283/2, Prague 10 - Strašnice, identification number: 48118196, registered in the commercial register maintained by the Municipal Court in Prague, section C, file 16945 (hereinafter referred to as the "seller") in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract ( hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.megabooks.cz (hereinafter referred to as "website"), through the website interface (hereinafter referred to as "web interface of the store").
These terms and conditions are also used appropriately to regulate the mutual rights and obligations between the seller and the buyer when concluding a purchase contract by other means of distance communication such as e.g. post or e-mail.
The business 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 professional performance.
Stipulations 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.
The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
Website user account
Based on the buyer's registration 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.
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 specified 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.
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. The buyer is not authorized to allow the use of the user account by third parties.
The seller may cancel the user account, especially if the buyer does not use his user account for more than 24 calendar months, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
Conclusion of the purchase contract via the web interface
All the presentation of goods placed in the web interface of the store is of an informative 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.
The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
The web interface of the store also contains 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.
To order goods, the buyer fills out the order form in the web interface of the store.
The order form mainly contains information about:
ordered goods (ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),
method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
information about the costs associated with the delivery of the goods (hereinafter referred to collectively as the "order").
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as "buyer's e-mail address"). This does not apply if the order is sent by the buyer exclusively by e-mail or similar individual communication, the receipt of which will be confirmed by the seller as soon as the order is individually physically processed by an authorized person.
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).
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.
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.
Price of goods and terms of payment
The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
online payment by credit card
in cash on delivery at the place specified by the buyer in the order;
by cashless transfer to the seller's account No. 716032083/0300, maintained at Československá obchodní banka, a. s. (hereinafter referred to as "seller's account");
Together with the purchase price, the buyer is 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.
The seller does not require a deposit or other similar payment from the buyer. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
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 payable before the goods are handed over to the carrier or taken over at the seller's premises.
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.
The seller is entitled, especially if the buyer does not provide additional confirmation of the order, to demand payment of the entire purchase price before sending the goods to the buyer. If the buyer does not agree to this, the seller is not bound by the buyer's order and does not have to deliver the goods.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
Withdrawal from the purchase contract
The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods in a closed package that the consumer has removed from the package and for hygienic reasons it is not possible to return it and from the purchase contract for the supply of audio or video recordings or computer programs, if the original packaging has been violated.
In accordance with the provisions of § 1829, paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of taking over 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 starts from the date 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. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's premises (MEGABOOKS CZ, Cukrovarská 13, 682 01, Vyškov) or the seller's e-mail address (firstname.lastname@example.org).
In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of the seller withdrawing from the contract. 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 its nature by regular mail.
In case of withdrawal from the contract, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by 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.
The buyer is liable to the seller for the reduction in the value of the goods that occurred as a result of handling these goods in a way that is necessary to handle them with regard to their nature and characteristics.
Until the buyer takes over the goods, 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.
Transportation and delivery of goods
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.
If, 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 repeated delivery of the goods, or costs associated with another delivery method.
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, notify the carrier immediately. If the package is found to be damaged, indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
Shipment up to 2 kg CZK 95
Shipment up to 30 kg CZK 130
Cash on delivery + CZK 20
Rights from defective performance
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on consumer protection).
The seller guarantees 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:
the goods have the properties that the parties have agreed upon, and in the absence of an agreement, they have the 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 their advertising,
the goods are suitable for the purpose for which the seller indicates their use or for which goods of this type are usually used,
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,
is the goods in the corresponding quantity, measure or weight and
the goods comply with the requirements of legal regulations.
These provisions 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 normal use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or if this results from the nature of the goods.
If defective performance is a material breach of contract, the buyer has the right to:
to remove the defect by delivering a new item without a defect (this does not apply if the defect can be removed by re-delivery of only part of the item) or by delivering the missing item,
to remove the defect by repairing the item,
for a reasonable discount from the purchase price,
withdraw from the contract.
If defective performance is a minor breach of contract, the buyer has the right to:
to remove the defect,
for a reasonable discount from the purchase price.
The buyer agrees that in order to determine the materiality of the defect in the item, the assessment is left to the seller, who will carry out this assessment in particular taking into account the possibility of proper use of the item by the buyer and the possibility of removing the defect without unnecessary delay by the seller.
The buyer is obliged to report the defect without undue delay, after he could have discovered it without undue delay and with sufficient care, but no later than two years after handing over the item to the buyer. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect.
Rights from defective performance are claimed by the buyer at the seller's address, where the complaint can be accepted with regard to the range of goods sold. The legal warranty period is 24 months, unless a special regulation stipulates a longer period. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, at the latest within 30 days from the date of application of the complaint, unless the seller and the consumer agree on a longer period. After the expiration of this period, the consumer has the same rights as if it were a defect that cannot be removed.
Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
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. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
Personal data protection
By sending an order from the online order form on the website www.megabooks.cz, or by other means of remote communication such as e.g. post or e-mail, the Buyer confirms the delivery of goods and services, that he understands these personal data protection rules, that he expresses his agreement with their wording, and that he accepts them in their entirety.
The Seller is the administrator of the Buyer's personal data in accordance with Article 4 point 7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (hereinafter referred to as “GDPR”). The seller undertakes to process personal data in accordance with legal regulations, in particular GDPR.
Personal data is any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example a name, identification number, location data, network identifier or to one or more special elements of physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
When placing an order, personal data is required, which is necessary for the successful processing of the order (name and address, contact). The purpose of processing personal data is to process the Buyer's order and exercise the rights and obligations arising from the contractual relationship between the Seller and the Buyer. The purpose of processing personal data is to send commercial messages and carry out other marketing activities. The legal reason for the processing of personal data is the fulfillment of the contract according to Article 6, paragraph 1 letter b) GDPR, fulfillment of the administrator's legal obligations according to Article 6, paragraph 1 letter c) 2 GDPR and the legitimate interest of the Seller according to Article 6 paragraph 1 letter f) GDPR. The legitimate interest of the Seller is the processing of personal data for the purposes of direct marketing.
The seller uses the services of subcontractors for the fulfillment of the purchase contract, in particular transport service providers (they are stored in the EU) and mailing service providers (personal data are stored in 3rd countries). Subcontractors are screened in terms of secure processing of personal data. The seller and the provider concluded an agreement on the processing of personal data, according to which the subcontractor is responsible for the proper security of the physical, hardware and software perimeter, and therefore bears direct responsibility towards the buyer for any leakage or violation of personal data.
The Seller stores the Buyer's personal data for the period necessary to exercise the rights and obligations arising from the contractual relationship between the Seller and the Buyer and to exercise claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship). After it expires, the data will be deleted.
The Buyer has the right to request from the Seller access to his personal data according to Article 15 GDPR, correction of personal data according to Article 16 GDPR, or restriction of processing according to Article 18 GDPR. The buyer has the right to delete personal data according to Article 17 paragraph 1 letter a), and c) to f) GDPR. In addition, the Buyer has the right to object to processing pursuant to Article 21 of the GDPR and the right to data portability pursuant to Article 20 of the GDPR.
The buyer has the right to file a complaint with the Office for the Protection of Personal Data (www.uoou.cz) if he believes that his right to the protection of personal data has been violated.
The buyer is not obliged to provide personal data. However, the provision of personal data is a necessary requirement for the conclusion and fulfillment of the contract, and without the provision of personal data it is not possible to conclude the contract or fulfill it on the part of the Seller.
There is no automatic individual decision-making on the part of the Seller in the sense of No. 22 GDPR.
Buyer by binding order confirmation:
agrees to the use of their personal data also for the purposes of electronic sending of commercial messages, advertising materials, direct sales, market research and direct product offers by the Seller and third parties, but not more often than once a week, and at the same time
declares that it does not consider the sending of information according to point a) to be unsolicited advertising within the meaning of Act. No. 40/1995 Coll. as amended, because the Buyer is sending me information according to point a) in conjunction with § 7 of Act. No. 480/2004 Coll. expressly agrees.
Consent according to this paragraph can be revoked by the Buyer at any time in writing to email@example.com.
The seller uses so-called cookies in the framework of improving the quality of services, personalizing the offer, collecting anonymous data and for analytical purposes in its presentation. By using the website, the Buyer agrees to the use of the mentioned technology.
The buyer can be delivered to the e-mail address specified in his user account or specified by the buyer in the order.
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 consumer rights resulting from generally binding legal regulations.
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 the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
Seller contact details: delivery address: MEGABOOKS CZ, Cukrovarská 13, 682 01, Vyškov, e-mail address: firstname.lastname@example.org, telephone: 272 123 190.