Terms and Conditions
1. INTRODUCTORY PROVISIONS AND PURPOSE OF THE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") regulate contractual relations arising in connection with a contract concluded via remote communication means on the website https://Doypacky.cz/, operated by Doypacky s.r.o, IČ: 06281061, DIČ: CZ06281061, with its registered office at Roháčova 145/14, Žižkov, 130 00 Prague 3, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 279413 (hereinafter referred to as "Provider" or "DOYPACKY"), for the purpose of providing the following services and products according to the Provider's offer: sale of goods (hereinafter referred to as "Goods" or "Product" or "Products").
1.2 These GTC form an integral part of the purchase contract (hereinafter referred to as the "Contract") concluded between the Provider and the Buyer.
1.3 Contractual relations under these GTC are governed by Czech law and apply in full, unless the parties agree in writing on certain terms and conditions otherwise. In such case, the deviating provisions contained in the Contract (order) shall prevail over these GTC.
By concluding the Contract, the Buyer confirms that he/she has read and agrees to these GTC and expressly acknowledges that these GTC are an integral part of the contractual arrangement between him/her and the Provider.
2. DEFINITIONS OF TERMS
2.1 Buyer means the Client, Customer, User who enters into the Contract with the Provider. The Buyer may also be a consumer, i.e. a natural person who, when concluding and performing the Contract, is not acting within the scope of his/her trade or other business activity or within the scope of his/her independent exercise of his/her profession (in this case, the term "consumer" is then used in these Terms and Conditions). If the Buyer indicates his/her ID number in the order form, it is assumed that the Contract is not concluded with a consumer.
2.2 Contract means, according to these GTC, the purchase contract concluded between the Provider and the Buyer when purchasing the Goods.
2.3 Order means a duly completed and submitted electronic order form which constitutes a proposal for the conclusion of the Contract.
2.4 Price means the consideration for making available or delivering the selected Product. Price means the final price including any costs associated with any packaging and delivery (in particular for Goods).
2.5 Website means the website with the domain https://doypacky.cz
2.6 CC means Act No. 89/2012 Coll., the Civil Code, as amended.
2.7 Personal data means name, surname, telephone number, billing and delivery address, e-mail.
3. ORDER AND CONCLUSION OF THE CONTRACT
3.1 The Buyer orders the Product through the web interface, i.e. through the ordering system on the Website, by filling in the electronic order form or the web form (hereinafter referred to as the "Order").
3.2 The Order Form contains basic information about the Product (name, when and for how long the Product will be made available, what is included, etc.) and its Price. For the Product, the delivery method and the costs associated with the delivery and packaging of the Product are indicated on the Website.
3.3 Before submitting the order form, the Buyer is obliged to check and, if necessary, modify the completed data. The Provider shall not be liable for false, incorrect or incomplete data. By submitting the order form, a binding Order for the Product or a proposal to conclude the Contract is made.
3.4 Acceptance of the Order shall be confirmed to the Buyer by sending an e-mail to the Buyer's e-mail address specified in the Order. The confirmation e-mail shall be accompanied by a summary of the Order and these GTC. Upon delivery of this confirmation e-mail, the Contract is concluded and this e-mail constitutes a confirmation of its conclusion. Any changes to the concluded Contract (including cancellation of the Order) are then only possible by agreement with the Provider.
3.5 Until the Buyer receives confirmation of acceptance of the Order, the Buyer may cancel the Order by telephone or email.
3.6 If in doubt, the Provider shall contact the Buyer to verify the authenticity of the Order and if the authenticity of the Order cannot be verified, the Order shall be deemed not to have been created at all.
3.7 All gifts and bonuses are only sent or made available after payment of the agreed Product Price, unless otherwise stated on the Website.
3.8 The Client further expressly declares that he/she agrees to the execution of the contract or confirmation of the concluded contract in written (electronic) form sent via email or by a message received in his/her user account.
3.9 The invoice document will be issued on the basis of the data entered by the Buyer. No data on the invoice can be changed after it has been issued.
4. PRICE OF PRODUCTS, SERVICES AND PAYMENT
A. Price of products and services
4.1 The agreed purchase price (the "Price") is the price quoted for the Product at the time the Order is created (as set out in the submitted Order Form).
4.2 The price of the Product is subject to change, provided that the Buyer shall always be bound by the price that is current at the time the Order is created.
4.3 For the Goods, the costs related to the packaging and delivery of the Product are also listed on the Website. The final price of physical products is stated as the final price including the costs of packaging and delivery of the product. Physical products (Goods) are delivered only within the Czech Republic.
4.4 If there is an obvious error in the indication of the Price (this means, in particular, a typo, a mistake in entering prices) or a similar error in the process of concluding the Contract, then the Provider is not obliged to deliver the Product at such an obviously erroneous price, even if there is an automatic confirmation of acceptance of the Order. In the event that the Buyer has already paid such manifestly erroneous price, the Provider shall be entitled to withdraw from the Contract.
4.5 If there is a change in price between the time the Order is sent and its confirmation by the Provider, the price valid at the time of sending the Order shall apply, unless otherwise agreed between the parties.
4.6 The Provider shall dispatch the Goods no later than 30 days from the date of payment, unless otherwise stated on the Website.
B. Method of payment
4.7 The price may be paid by the methods specified in the specific form, namely:
a) by bank transfer to the Provider's account No. 2301267867 / 2010
b) payment by cash on delivery,
c) online payment by card (via GoPay),
d) PayPal (via GoPay),
e) Google Pay (via GoPay),
f) Apple Pay (via Gopay)
4.8 In the case of the payment method referred to in a) (bank transfer to account), the Buyer will receive an invoice, payment details, including the variable symbol for payment, in the email confirming receipt of the Order.
4.9 Any other payment methods will be indicated on the Website or may be agreed with the Provider.
C. Maturity of the purchase price
4.10. In the case of a wire transfer, the price is payable within 7 days of confirmation of acceptance of the Order (i.e. the conclusion of the Agreement). The due date is specified in the payment instructions and the invoice. The Purchase Price shall be deemed to be paid when the relevant amount is credited to the Provider's bank account.
4.11. In the case of a non-cash transfer made on the basis of an invoice, the Buyer will be issued and sent a proof of payment received - an invoice - to the email address specified in the order, which also serves as a delivery note and confirmation of the establishment of a recurring payment.
4.12. Section 2119 (1) CC shall not apply.
5. PRODUCT DELIVERY CONDITIONS
5.1 The Goods will either be dispatched after payment of the total Price or will be ready for personal collection after prior payment of the total Price and after sending the information-confirmation regarding the possibility of collecting the ordered Goods at a specific store via email.
5.2 The date and method of delivery can be found for the specific Product on the Website, and is specifically agreed in the Contract.
5.3 The delivery period is a maximum of 30 days. If a term longer than 30 days is indicated on the Website for a Product, it means that the Provider cannot deliver the Goods earlier and the Buyer confirms that he/she agrees to this by placing such Order.
5.4 If the Goods are listed on the Website as "check availability", the Product will be delivered on a date agreed between the Provider and the Buyer.
5.5 Shipping will be charged in accordance with the current price list published on our Website.
5.6 The Goods shall be delivered by the Provider only within the Czech Republic by courier, unless the Provider and the Buyer expressly agree otherwise.
5.7 If the Buyer does not take delivery of the goods, the Provider is entitled to compensation in the amount of CZK 200,- excluding VAT, corresponding to the postage for the return journey and packing. The costs related to the return of the Goods shall be borne by the Buyer.
6. WITHDRAWAL FROM THE CONTRACT
6.1 In the event that the Contract is concluded by means of distance communication (i.e., including via the Internet), the Buyer, who is a consumer, has the right to withdraw from the Contract without giving reasons within 14 days from the date of conclusion of the Contract.
6.2 The Buyer may withdraw from the Contract in the cases provided for in the CC.
6.3 The Buyer, despite being a consumer, does not have the right to withdraw from the Contract for the delivery of goods which have been delivered in sealed packaging which, for health or hygiene reasons, is not suitable to return after the Buyer has broken it.
6.4 The Provider shall refund to the Buyer (in the case of a proper withdrawal from the Contract) the amount fully corresponding to the Price within 14 days of withdrawal from the Contract, in the same manner as the payment was received from the Buyer.
6.5 In the event of withdrawal from the Contract in respect of the Goods, the Buyer shall return the Goods to the Provider within 14 days of receipt of the Goods, or
a) the last piece of Goods, if the Consumer orders several pieces of Goods within one order, which are delivered separately,
b) the last item or part of a delivery of goods consisting of several items or parts, or
(c) the first delivery of the Goods if the contract provides for a regular delivery of the Goods over an agreed period of time.
6.6 The money for the Goods shall be sent back to the Buyer within 14 days of cancellation of the Contract and return of the Goods to the Provider. The Buyer shall bear the costs of returning the Goods.
6.7 If the Buyer withdraws from the Contract, the Buyer shall send or hand over to the Provider the Goods received from the Provider without undue delay, within 14 days of withdrawal, unless the Provider has offered to collect the Goods itself. The time limit shall be maintained if the consumer sends the goods before its expiry.
6.8 The Provider shall reimburse the Buyer, who is a consumer, for the costs of returning the Goods if it has not warned the Buyer of the obligation to bear these costs in accordance with the provisions of Section 1820 (1) (j) CC. In the sense of the previous sentence, the Provider notifies the Buyer that in the event of withdrawal from the contract, the consumer shall bear the costs of returning the goods. In the case of a contract concluded by means of distance communication, the Provider shall notify the Buyer that the costs of returning the goods, if they cannot be returned by the usual postal method due to their nature, shall be the same as the cost of delivery of the goods from the Provider to the Buyer.
6.9 The Provider shall take delivery of the goods from the Buyer, if he is a consumer, at his home at his own expense if the Buyer withdraws from the contract concluded outside the premises usual for the Provider's business, the goods were delivered to the consumer's home at the time of conclusion of the contract and the nature of the goods does not allow it to be sent by the usual postal route.
6.10 A Buyer who is a business (i.e. the Buyer is not a consumer) shall not have the right to withdraw from the Contract within 14 days of the date of conclusion of the Contract.
6.11. The Provider may only require the Buyer who is a consumer to pay according to:
6.11.1. If the Consumer has chosen a method of delivery other than the cheapest method of delivery offered by the Provider, the Provider shall reimburse the Consumer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
6.11.2 The Consumer shall only be liable to the Provider for any diminution in the value of the goods resulting from the handling of the goods in a manner other than that necessary to acquaint the Consumer with the nature, characteristics and functionality of the goods. This does not apply if the Provider has not communicated to the Consumer the information referred to in Article 1820(1)(i) CC (i.e. the conditions, time limit and procedure for exercising the right of withdrawal as well as the model form for withdrawal if this right can be exercised; the details of the model form shall be determined by the implementing legislation)
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE
7.1 In the event that the Buyer, who is a consumer, has a defect in the Product within 12 months of receipt, it shall be deemed that the Product was already defective upon receipt. The Buyer may complain about a defect that becomes apparent within two years of receipt. In the case of a second-hand purchase, this period is reduced to one year in accordance with Sections 2168 and 2165 of the Civil Code.
7.2 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding legislation (in particular the Civil Code and Act No. 634/1992 Coll., on Consumer Protection).
7.3 A claim may be filed with the Provider without undue delay after the defects have been discovered, the Goods shall subsequently be handed over to the Provider or stored or otherwise appropriately handled according to the Provider's instructions so that the defect can be examined. If the Buyer has rightfully pointed out the defect, the period for pointing out the defect shall not run for the period during which the Buyer cannot use the defective object.
7.4 The complaint may also be notified in advance by telephone or e-mail.
7.5 The Provider shall settle the complaint without delay, but no later than within 30 days of its receipt. The Provider undertakes to provide the Buyer with information on the progress of the complaint within 30 days of receipt of the complaint if the complaint process takes longer than 30 days for statutory reasons.
7.6 In the matter of liability for defects, the Buyer, who is a consumer, may demand either the repair of the item or the delivery of a new item without defects, at his choice. Unless one of the chosen methods of eliminating the defect is impossible or considerably expensive. The Consumer Buyer will only be entitled to a reasonable discount or withdrawal from the Contract (and therefore a refund) if:
- the Provider refuses or fails to remedy the defect,
- the defect appears repeatedly,
- the defect is a material breach of contract,
- it is evident from the declaration or the circumstances that the defect will not be remedied within a reasonable time or without substantial difficulty for the Buyer.
7.7 The Buyer shall notify the Provider of the right it has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the Provider's consent; this shall not apply if the Buyer has requested the repair of a defect which proves to be irreparable.
7.8 The Buyer shall not be entitled to any rights arising from defective performance and warranty in the following cases:
(a) defects caused by improper use or storage of the Product, failure to follow instructions, improper maintenance,
b) that the Buyer knew that the Product had a defect or caused the defect.
7.9.
7.10. The claim form can be found in electronic form on the Website. For faster processing, we recommend that you attach the completed form to the claimed goods in printed form. You may or may not use the form. This means that you can also use any form you use to provide us with the necessary information to process your claim.
7.11. When a new item (Goods) is delivered, the Provider will return the original item to the Buyer at the Buyer's expense. The Buyer shall take delivery of the new Goods without undue delay within 14 days of being informed of the settlement of the claim.
7.12. The Provider shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that the item
a) corresponds to the agreed description, type and quantity as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
(b) it is fit for the purpose for which the Buyer requires it and to which the Seller has agreed; and
(c) is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.
7.13. The Provider shall be responsible to the Buyer that, in addition to the agreed features
(a) the item (meaning the Goods) is fit for the purpose for which an item of that kind is normally used, including with regard to third party rights, legislation, technical standards or industry codes of practice where there are no technical standards,
(b) the Goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the buyer can reasonably expect, including in the light of public statements made by the seller or by another person in the same contractual chain, in particular advertising or labelling,
(c) the item is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the buyer may reasonably expect; and
(d) the item corresponds in quality or workmanship to the sample or specimen provided by the seller to the buyer before the conclusion of the contract.
7.14 The Provider shall remedy the defect within a reasonable time after it is pointed out so as not to cause the Buyer significant inconvenience, taking into account the nature of the item and the purpose for which the Buyer purchased the item. The Provider shall take over the item at its own expense to remove the defect. If the dismantling of an item whose assembly was carried out in accordance with the nature and purpose of the item before the defect became apparent so requires, the Seller shall dismantle the defective item and assemble a repaired or new item or pay the costs thereof. If the Buyer fails to take possession of the item within a reasonable time after the Seller has informed him of the possibility to take possession of the item after repair, Section 2159(3) CC shall apply mutatis mutandis.
7.15. The defect can be reproached to the Provider. If, however, another person is designated to carry out the repair at the Provider's location or at a location closer to the Buyer, the Buyer shall reproach the defect to the person designated to carry out the repair. A defect in an item is not wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use.
8. HANDLING OF COMPLAINTS, RESOLUTION OF CONSUMER DISPUTES
8.1. In case of a complaint about the performance of the Contract or the Provider's activities, contact the Provider at the e-mail address info@doypacky.cz.
8.2 Consumers may also address their complaints to supervisory and state supervision authorities, the Czech Trade Inspection Authority or the Office for Personal Data Protection.
8.3 If a consumer dispute arises between the Provider and the Buyer, who is a consumer, the consumer has the right to an out-of-court settlement. The Czech Trade Inspection Authority is the subject of the out-of-court settlement pursuant to Act No. 634/1992 Coll., on Consumer Protection. All details on out-of-court resolution are available on the website of the Czech Trade Inspection Authority www.coi.cz. The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
9. FINAL PROVISIONS
9.1 The legal relations between the Provider and the Buyer not regulated by these GTC shall be governed by the relevant provisions of the Civil Code and, in the case of a contractual relationship with a consumer, by Act No. 634/1992 Coll., on Consumer Protection, as amended.
9.2 These GTC are published on the Provider's Website and are directly referred to in the order forms for the Products. By submitting a completed order form via the Website, the Buyer confirms that he/she is aware of the content of the GTC and agrees to it.
9.3 The Provider will also send these GTC in pdf or similar format to the Buyer in the e-mail confirming the Order.
9.4 The Contract is concluded for a definite term, until the Provider and the Buyer have fulfilled their obligations under the Contract.
9.5 The personal data processing policy can be found in the Information on personal data processing published on the Website and directly referenced in the order forms for the Products.
9.6 If any provision of these GTC is or becomes invalid or ineffective, the invalid or ineffective provision shall be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of a provision of the GTC shall not affect the validity and effectiveness of the other provisions of the GTC.
9.7 These GTC are effective as of 1.5.2023.
9.8 The Provider shall be entitled to amend or cancel the GTC in cases where there is a reasonable need to amend them at a later date. In the event of a change to the GTC, the amended GTC shall govern the relations concluded after the effective date of the amended GTC.
9.9 In the event that the Provider decides to amend or cancel the GTC, the currently valid and effective version of the GTC will always be published on the Website and, if applicable, on other web portals of the Provider, so that all persons interested in concluding the Contract and other persons can familiarize themselves with the current version of the GTC.
9.10. The Provider shall use such personal data solely in connection with the pre-contractual offer, the formation of the Contract, the performance of the deliveries under the Contract and the exercise of the rights and obligations under the Contract in accordance with the provisions of these GTC. Further information on this issue is included in a separate document "Information on the processing of personal data", which is available on the Website.
