TERMS & CONDITIONS – Tereza Rosalie Kladosova


1.  Contact details of the seller
E-shop name: Tereza Rosalie Kladosova
Owner: Tereza Rosalie Kladošová
Address: Osadní 26, Praha 7
ICO: 05981433
Telephone: + 420 604 161 087
Email: hello@terezarosaliekladosova.com
Contact address: Osadní 26, Praha 7, 170 00
Business registration address: Velvarská 23, Praha 6, 160 00
List of establishments: online - eshop
2.  Information 
The goods and price information provided by the Seller is binding except for obvious error. TRK is not a VAT payer.  Information on the accepted methods of payment is card payment or Bank transfer, (cash on delivery from 1st August 2019). Acceptance of an offer with an amendment or deviation is not acceptance of the offer.
3.  Order and conclusion of the purchase contract
By placing an offer for the sale of goods on the website, the Seller expresses his / her will to conclude a purchase contract for the goods, or. services under these conditions. The purchase contract is established at the moment of confirmation of the buyer's order to the seller. The Seller undertakes to deliver properly after the Buyer's payment has been made (Bank Transfer, Paypal Express, Card Payment)

3.1.  The order can be canceled within 14 days by e-mail shop@terezarosaliekladosova.com

3.2.  By placing an order, the buyer confirms that he / she is familiar with these terms and conditions as well as with the complaints procedure, delivery rules and agrees with them. The buyer is notified of these terms and conditions sufficiently before the order is placed and has the opportunity to become acquainted with them. The condition of validity of the electronic order is the completion of all the required data and particulars. The customer will be immediately informed about the cancellation of the order. By completing the registration form or a binding order within the online store http://www.epepujuj.cz/ gives the buyer consent to the collection and archiving of personal information about the buyer and his purchases  (more in the section "Privacy"). The photos on the shop pages correspond to the goods sold.
4.  Delivery of goods 
The Seller shall deliver the goods to the Buyer in full, at the latest within 10 days of the order confirmation, unless a different delivery time is specified for the individual goods. If the goods are marked "in stock", the seller sends the goods within four working days at the latest. The buyer is obliged to take over the goods and pay. The Buyer is advised to check the goods upon receipt as soon as possible. The Seller shall send the goods documents, especially the tax document, certificates and certificates, to the Buyer immediately upon confirmation of payment, acceptance of the goods, at the latest within two days from receipt of the goods by the consumer. If so requested by the Buyer, the Seller shall confirm it to the Seller in writing, to what extent and for what period the obligations arising from the defective performance shall continue and how the Buyer may assert the rights from them. If the Buyer fails to take over the goods within the agreed time by breaching his obligation, he is obliged to pay the Seller a storage fee of CZK 10 for each day of delay. The Seller shall be entitled to sell the goods in an appropriate manner after he has been demonstrably notified by e-mail and given him a new reasonable time for receipt. Storage costs and costs of futile delivery of goods due to lack of cooperation on the part of the Buyer in the necessary amount, the Seller is entitled to set off against the Buyer the proceeds of the sale.
5.  Reclaims and complaints
Rights and obligations from defective performance of quality at takeover if the goods received have deficiencies (eg they do not have agreed or legitimately expected properties, do not fit for usual or agreed purpose, are incomplete, do not correspond to their quantity, measure, weight, or quality do not correspond to other legal, contractual or pre-contractual parameters) defects of goods for which the seller is responsible. The Buyer may claim from the Seller no less than two years from the receipt of the goods, as required, free removal of the defect or a reasonable discount from the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), the requirement to deliver a new item without defects or a new component without defects can be applied, if the defect concerns only this component. If repair or replacement of the goods is not possible, the buyer may request the full refund of the purchase price based on the withdrawal from the contract. Within six months of receipt of the goods, it is assumed that the defect of the goods already existed upon receipt of the goods. The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect of the goods or caused it himself. In the case of second-hand goods being sold, the seller is not responsible for defects corresponding to the extent of previous use or wear. For items sold at a lower price, the seller is not responsible for the defect for which the lower price was agreed. In these cases, the buyer has the right to a reasonable discount instead of the right to exchange.
6.  Complaint handling
The buyer is obliged to file a complaint with the seller or the person to be repaired without undue delay from finding the defect. If he / she does so in writing or electronically, he / she should provide his / her contact details, a description of the defect and a request for how to handle the claim. The Buyer is obliged to inform the Seller of the right he has chosen at the time of the defect notification or without undue delay after the defect notification. A change of choice without the Seller's consent is possible only if the Buyer has requested the repair of a defect that proves to be irremovable. If the buyer does not choose his right from a substantial breach of contract in time, he has the rights as in a minor breach of contract. The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for handling the complaint runs from the moment of claiming (notification). The Buyer shall deliver or deliver the goods to the Seller or to the place to be repaired at the same time or subsequent to the claim. The goods should be packed in suitable packaging during transport to avoid damage, clean and complete. The Seller is obliged to promptly, within three working days at the latest, to decide on the complaint or, if necessary, on the need for expert judgment. It shall inform the Buyer of the need for expert judgment within this period. The Seller shall settle the claim, including the removal of the defect, without undue delay, at the latest within 30 days of its application, unless they agree in writing with the Buyer on a longer period. After this period, the Buyer has the same rights as if it were a material breach of contract. If the seller refuses to remove the defect, the buyer may request a reasonable discount on the price or withdraw from the contract. The warranty period is extended by the time from the claim to its settlement or until the buyer was obliged to collect the item. If the goods or part thereof is exchanged, the seller's liability shall apply as if it were a purchase of new goods or part thereof. If it is not possible to monitor the status of the claim settlement on-line, the seller undertakes to inform the buyer of the claim settlement by his request by e-mail or SMS. In the case of a justified complaint, the Buyer is entitled to reimbursement of reasonably incurred costs.  
7.  Privacy
The Seller is the administrator of the personal data provided for the purpose of fulfilling the subject of the Contract. Administrator identification and contact information Tereza Rosalie Kladosova
Franchisee: Tereza Rosalie Kladosova Address: Osadní 26, Praha 7, 170 00. IC 05981433. Purpose of processing, scope of personal data and legal basis for processing The Buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent performance (order processing, ensuring the removal and delivery of goods) and possible resolution of rights of defective performance (complaints), the administrator processes and retains in accordance with Regulation (EU) 2016/679, General Data Protection Regulation (hereinafter referred to as GDPR), his personal data in the following scope: name, surname, address, e-mail and telephone number (or add other data to be processed - payment data etc.) ). The legal basis for the processing of personal data is in accordance with Article 6 (1) (a). (b) GDPR performance of a contract to which the buyer is a party.  Categories of recipients / recipients of personal data The Administrator undertakes not to disclose the Buyer's personal data to entities other than the following processors:(a) to a contractual carrier chosen by the buyer in the order form for the purpose of delivering goods, the list of carriers is available here, with the following information being provided: first name, last name, address, e-mail, telephone number;b) the Heureka.cz portal operator in order to generate and send purchase satisfaction questionnaires under the Verified customers program in which the online store is involved. The legal basis for processing in this case is in accordance with Article 6 (1) (a). (f) the GDPR's legitimate interest in the trustee's satisfaction of the buyer's satisfaction with the trustee's purchase. Questionnaires are sent to all buyers who have not refused to send commercial communications within the meaning of Section 7 (3) of the Act on Certain Information Society Services (No. 480/2004 Coll.), And are performed after each purchase on an online store. The operator of the Heureka.cz portal is authorized to use the provided e-mail address solely for the purpose of generating and sending a satisfaction questionnaire in accordance with the Terms and Conditions Verified by customers. The Buyer may dispute the Customer Verified Email questionnaires at any time by rejecting additional questionnaires using the link in the questionnaire email. In case of objection the questionnaire will not be sent to the buyer. Storage time Personal data will be stored by the administrator for the time necessary to fulfill the contract (order processing, picking and delivery of goods) and for the duration of the statutory warranty (24 months from receipt of goods) or during the period of contractual warranty. The buyer acknowledges that, pursuant to Section 31 of the Act on Accounting (No. 593/1991 Coll.),
The administrator is obliged to keep the accounting documents and accounting records (invoices) for a period of 5 years beginning at the end of the accounting period to which they relate ( if you buy goods during 2018, the invoice must be kept until the end of 2023). The administrator is also obliged under Section 47 of the Act on Administration of Taxes and Fees (No. 337/1992 Coll.) To keep the invoice for 3 years from the end of the tax period in which the tax related to the invoice arose (ie if you buy goods in In the course of 2018, the invoice must be kept for tax purposes until the end of 2021). The invoice contains the following personal information: name, surname and address FOR VAT PAYERS: The Buyer also acknowledges that, pursuant to Section 35 of the Value Added Tax Act (No. 235/2004 Coll.), The administrator is obliged to keep tax documents for a period of 10 years from the end of the tax period in which the transaction took place (that is, if to purchase goods during 2018, the invoice must be retained until the end of 2028). The tax document contains the following personal information: name, surname and address. Buyer's rights in relation to personal data The Buyer further acknowledges that under Articles 15 to 21 of the GDPR has the right to:(a) access to personal data consisting of the right to obtain confirmation from the controller whether or not personal data concerning him are being processed and, if so, the right to access such personal data and the information defined in Article 1; 15 GDPR;(b) for the correction of inaccurate personal data relating to him, further taking into account processing purposes, the buyer shall have the right to complete incomplete personal data, including by providing an additional declaration under Article 16 of the GDPR;(c) a deletion ('right to be forgotten') consisting in the controller deleting, without undue delay, personal data relating to the buyer as soon as it is no longer needed for the purposes of the performance of the contract, ;(d) to limit the processing of personal data in the cases defined in Article 18 of the GDPR;(e) the portability of data under the terms of Article 20 of the GDPR;(f) object to the processing of personal data pursuant to Article 21 of the GDPR. In any case, the administrator shall provide the buyer, upon request, with information on the measures taken within 20 days of receipt of the request. In case of doubt about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory authority in this area and to file a complaint. The Seller shall allow the purchase without registration, using the data of unregistered buyers solely for the performance of the subject of the contract, not for marketing or business purposes.
8.  Dispute resolution
Mutual disputes between the seller and the buyer are settled by general courts. According to the Consumer Protection Act (No. 634/1992 Coll.), A consumer who is a consumer has the right to out-of-court settlement of a consumer dispute under a sales contract or a service contract. The entity authorized to carry out out-of-court dispute resolution is the Czech Trade Inspection. More information is available at www.coi.cz. The out-of-court settlement of a consumer dispute shall be initiated solely on the consumer's proposal and only if the dispute has not been settled directly with the seller. The petition may be filed no later than 1 year from the date on which the consumer exercised his right at issue for the first time with the seller. The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/. 
The Seller undertakes to seek out primarily out-of-court settlement of disputes with the Buyer, unless the Buyer refuses them. Out-of-court settlement of disputes can also be done through the service https://www.vasestiznosti.cz on the website https://www.vasestiznosti.cz.  This procedure is neither mediation under the Mediation Act (No. 202/2012 Coll.) Nor arbitration under the Act on Arbitration Dissemination and Enforcement of Arbitration Awards (No. 216/1994 Coll.) And its use is without prejudice to the right of the parties to turn their claim to the Czech Trade Inspection Authority or to a court. For the duration of the out-of-court settlement proceedings, the limitation and limitation periods under the Civil Code will not run or start until one of the parties to the dispute has explicitly refused to continue the proceedings. The Czech Trade Inspection (www.coi.cz) supervises compliance with the obligation under the Consumer Protection Act (No. 634/1992 Coll.).  
Other (unrated point of business conditions)
Buyer for the purposes of these terms and conditions means a consumer, which is a person who, unlike the seller when concluding and performing the contract does not act in the course of his business or in the independent exercise of his profession. For the purposes of these Terms and Conditions, the Seller means an entrepreneur who, in contrast to the Buyer, acts in the course of his business activity or in the independent exercise of his profession Other matters not listed here are governed by the Civil Code (No. 89/2012 Coll.), The Consumer Protection Act (No. 634/1992 Coll.) And other legal regulations, as amended. The contract and related issues are governed by Czech law. Changes to the Terms and Conditions in other than mutually agreed written form are excluded.
These terms and conditions are effective from 1 May 2020.