Terms and Conditions

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Business conditions for the JELÍNEK online store

Navigation:
1) Definition of terms
2) Purchase contract
3) Rights from defective performance
4) The Consumer's right to withdraw from the contract
5) Protection of personal data
6) Costs of using means of distance communication
7) Complaints, warranty periods
8) Applicable law, jurisdiction of the court
9) Final provisions
10) Thank you for your trust and contact details

These conditions take effect on February 1, 2016.

These terms and conditions apply to purchases in the online stores of JELÍNEK - výroba nábytku sro The conditions further define and specify the rights and obligations of the seller, which is the company JELÍNEK - výroba nábytku sro, based in Valašské Meziříčí 757 01, Masarykova 672/35, IČ: 42866022 , entered in the Commercial Register in Section C, Insert 1821 at the Register Court in Ostrava and the buyer (customer, consumer).

All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not the consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.).

Definitions

The seller (supplier) is the company JELÍNEK - výroba nábytku sro, with its registered office in Valašské Meziříčí 757 01, Masarykova 672/35, IČ: 42866022, DIČ: CZ42866022. The JELÍNEK company is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling a contract. It is an entrepreneur who directly or through other entrepreneurs supplies the buyer with products or provides services.

The customer of our online store is the buyer. Due to the valid legal regulation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.

A consumer buyer or just a consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.

A buyer who is not a consumer is an entrepreneur. An entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activities or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur.

Purchase contract

If the buyer is a consumer, the proposal to conclude a purchase contract (offer) is the placement of the offered goods by the supplier on the website. The purchase contract is created by sending the order by the buyer - the consumer and the acceptance of the order by the supplier. The supplier will immediately confirm this acceptance to the buyer by an informative e-mail to the specified e-mail (order confirmation). The resulting contract (including the agreed price) can be changed or canceled only by mutual agreement of the parties or on legal grounds.

If the buyer is not a consumer, the proposal for concluding the purchase contract is the sent order of goods by the buyer and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer with this proposal (order confirmation).

By concluding the purchase contract, the buyer confirms that he has read these terms and conditions, including the complaint procedure, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before the actual execution of the order and has the opportunity to become acquainted with them. The period for settling complaints is suspended if the seller has not received all the documents necessary for settling the complaint (parts of goods, other documents, etc.). The seller is obliged to request additional documents from the buyer in the shortest possible time. The deadline is suspended from this date until the delivery of the requested documents by the buyer.

Among other things, the seller reserves the right to cancel the order or part thereof before concluding the purchase contract, based on an agreement with the buyer, in the following cases: the goods are no longer produced or delivered or the price of the goods has changed significantly. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the purchase contract will not be concluded.

The drawings, weight and dimensions of the products (goods) listed on the website and in the catalogs are for information only, unless they are explicitly marked as binding.

Gifts that are provided completely free of charge cannot be subject to any consumer rights. Such goods meet the conditions of the Donation Agreement and all standards according to the valid legislation of the Czech Republic.

Defective performance rights

The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (especially 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).

The seller responds to the consumer that the item has no defects upon receipt. In particular, the seller is responsible to the consumer that at the time the consumer took over,

• the item has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,
• the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used,
• the item corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• is an item in an appropriate quantity, measure or weight, and
• the matter complies with the requirements of the legislation.

If the item does not have the above characteristics, the consumer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular if the defect can be rectified without undue delay, the consumer shall have the right to have the defect rectified free of charge. The consumer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.

If the consumer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller cannot deliver a new item to him without defects, replace its part or repair the item, as well as if the seller does not remedy the situation within a reasonable time or would arrange considerable difficulties for the consumer.

The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.

The consumer is entitled to exercise the right from a defect that occurs in consumer goods within 2 years, in the case of an extended quality guarantee for a period of 5 years from receipt of the goods. If the defect becomes apparent within six months of receipt, the item shall be deemed to have been defective at the time of receipt, unless this contradicts the nature of the item or unless the contrary is proved.

The Consumer's right to withdraw from the contract

In accordance with the provisions of § 1820 letter f) of the Civil Code, the seller hereby provides instructions to consumers on the right to withdraw from the contract in accordance with Government Decree No. 363/2013 Coll. in the case of concluding a purchase contract by means of distance.

If the purchase contract is concluded by means of distance communication (in the online store), the consumer has the right to withdraw from the contract without giving a reason within 14 days of receipt of the goods (if 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). In the event that the consumer wishes to withdraw from the contract within 14 days in accordance with the previous paragraph, he contacts the seller and states in writing that he withdraws from the contract with the order number, date of purchase and account number for refunds.

The consumer can also use it to withdraw from the purchase contract sample form provided by the seller, which is attached to these terms and conditions. Withdrawal from the purchase contract can be sent by the consumer to, among other things, the seller's address or the seller's e-mail address [email protected].

In the event that the buyer withdraws from the contract according to the previous paragraphs, the seller will return the funds received from the buyer (except for the amount representing additional delivery costs incurred as a result of the buyer's chosen method of delivery) within 14 days of withdrawal from the purchase contract to the buyer's bank account. . The seller is also entitled to return the performance provided to the buyer in another way, if the buyer agrees and there is no 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.

However, the provisions of the Act on withdrawal from the contract within 14 days cannot be understood as a possibility of free loan of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must give the seller, within 14 days of withdrawing from the contract, everything he has obtained on the basis of the purchase contract. If this is no longer possible (eg in the meantime the goods have been destroyed or consumed), the consumer must provide monetary compensation in return for what can no longer be issued. If the returned goods are only partially damaged, the seller may claim damages from the consumer and set off his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage. In such a case, the seller returns to the consumer only the reduced purchase price.

In the event that the consumer withdraws from the contract according to the previous paragraphs, the consumer bears the costs associated with the return of goods according to § 1820 paragraph 1 of the Civil Code.

The consumer does not have the right to withdraw from the contract in accordance with the provisions of Section 1837 of the Civil Code, in particular in the following cases:

• if the goods are returned damaged (including original packaging), used or incomplete (without documentation, sales document, accessories, etc.),
• in the case of services provided in connection with the sale of goods, the performance of which has already begun; an example could be the ordered assembly,
• if the goods are ordered with a custom optional part or modification, which is only made after the issuance of the order according to the wishes of the consumer or his agent (eg architect); an example could be a product with selected custom upholstery or a product with an optional wood color shade, or other custom production. All products listed on the website, for which the delivery time is more than 3 weeks, are considered to be custom products. These products are not in stock and are always manufactured according to the wishes and requirements of the consumer or for his person,
• in the case of repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
• if it is a delivery of goods in a closed package, which the consumer has removed from the package and for hygienic reasons it is not possible to return,

The seller reserves the right to cancel the order for goods marked with the term "This product is no longer in stock" if the goods can no longer be delivered or replaced with another model or if its price has changed significantly and the customer does not accept this before the purchase contract. The seller informs the customer about this situation. If part or all of the order has been paid, the customer's money will be returned to the account.

Protection of personal data

Information about customers is stored in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations. By concluding the contract, the buyer agrees to the processing and collection of his personal data in the seller's database after the successful fulfillment of the contract, until his written expression of disagreement with this processing. Personal data can be removed from the database based on a written request from the customer. Personal data of customers are fully protected against abuse. The supplier does not pass on personal customer data to any other person. An exception is external carriers to which customers' personal data are transferred to the minimum extent necessary for the delivery of goods.

Individual contracts are archived by the seller after their conclusion, in electronic form and are accessible only to the seller.

Costs of using means of distance communication

The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.

Complaints, warranty periods

For all deliveries, the buyer must immediately upon receipt check the correctness of the delivered items, their completeness and any visible damage caused by transport. Detected defects must be marked on the delivery note and confirmed by the carrier, otherwise they will not be recognized. Other defects found after unpacking the goods, the buyer must immediately notify the seller in writing. In addition to the legal liability for defects of goods regulated in the Civil Code, the seller provides the buyer with a guarantee for the quality of goods for a period of 2 years from the date of delivery of goods. For products bearing the JELÍNEK trademark, the seller provides the buyer with an extended quality guarantee for a period of 5 years from the delivery of the goods. The buyer is obliged to strictly observe the rules of installation and use of the products, in accordance with the "Instructions for the use of furniture and warranty conditions" created by the seller.

The extended quality guarantee for a period of 5 years from the delivery of the goods does not apply to:

• longitudinal spring beams in mattresses
• electrical and electronic furniture components

The buyer's claims for defects in the goods result from the relevant provisions of the Civil Code of the Czech Republic.

Liability for defects does not arise, nor are defects covered by the quality guarantee in the case of:

• the goods have been demonstrably used in violation of the "Instructions for use of furniture and warranty conditions" supplied by the seller or
• has been used improperly because of its useful properties or contrary to the purpose for which it is intended or
• has been improperly installed, subsequently arbitrarily modified, altered or combined with other items not supplied by the seller,
• was violently disrupted by careless and unprofessional handling, eg by scratching the goods.

The reason for the complaint is not damage caused by environmental deficiencies (eg air humidity). The reason for the complaint is also not minor differences in dimensions, color shades and surface or veneered structure caused mainly by the natural character of the materials used (eg small knots). Goods that were made to order according to the wishes of the consumer or his agent (eg architect) cannot be claimed.

Neither liability for defects nor the guarantee for quality applies to wear and tear of the goods caused by their normal use.

Until proof of liability for the defect on the part of the buyer, it is considered that the seller is responsible for the defect, who is obliged to eliminate the defect. In the event that the seller proves that he is not responsible for the defect, the buyer undertakes to reimburse the seller the eligible costs associated with its removal plus a surcharge of 20%.

Applicable law, jurisdiction of the court

The decisive law is the law of the Czech Republic. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The court with territorial jurisdiction for both parties to the contract in the event of disputes is the District Court in Vsetín, the Valašské Meziříčí branch or the Regional Court in Ostrava. However, the seller has the right to assert his claims at the registered office or place of residence of the buyer.

If any provision of the Business Terms and Conditions conflicts with the Civil Code of the Czech Republic, the relevant regulation of the Civil Code applies, however, the other articles of the Business Terms and Conditions remain unaffected.

Final Provisions

These terms and conditions are valid as stated on the seller's website, on the day of concluding the purchase contract. After its confirmation, the consumer order is archived as a concluded contract between the buyer and the seller for the purpose of its fulfillment and further registration. The contract may be concluded in the Czech language, or in other languages, unless this is the reason for the impossibility of concluding it. By purchasing, the customer agrees to the sending of commercial messages.

These terms and conditions allow the consumer to archive and reproduce them. At the time of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions as amended on the day of sending the order, including the price of the ordered goods specified in the confirmed order, unless demonstrably agreed otherwise in a particular case.

Thank you for your trust

In case of a complaint, any questions, comments or suggestions, our customer service is at your disposal at

JELÍNEK - výroba nábytku sro
Masarykova 672/35
757 01 Valasske Mezirici
E-mail: [email protected]
Tel .: +420 602 575 091