of the company
Orfeo Office, s.r.o.
with its registered office at Chelčického 95/15
370 01 České Budějovice
Company ID No.: 25176269
registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 7940
for the sale of goods through the online store located at the internet address: https://www.orfeoshop.co.uk
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the company Orfeo Office, s.r.o., with its registered office at Chelčického 95/15, Company ID No.: 25176269, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 7940 (hereinafter referred to as the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person or legal entity (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at:
https://www.orfeoshop.co.uk
(hereinafter referred to as the “Website”), through the Website interface (hereinafter referred to as the “Store Web Interface”).
1.2. Articles 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.2 and 8.3 of these Terms and Conditions shall not apply in cases where the Buyer intending to purchase goods from the Seller acts, when ordering the goods, within the scope of their business activity (i.e. is not a consumer).
1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Contract. Deviating arrangements in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.
1.4. The provisions of these Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and these Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of these Terms and Conditions. This provision shall not affect rights and obligations arising during the validity of the previous wording of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration made on the Website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). If the Store Web Interface allows it, the Buyer may also order goods without registration directly through the Store Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information stated in the User Account whenever any change occurs. The information provided by the Buyer in the User Account and when ordering goods shall be 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 their User Account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 1 year, or if the Buyer breaches their obligations under the Purchase Contract (including these Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to 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. Any presentation of goods placed in the Store Web Interface is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding such goods. Section 1732(2) of the Civil Code shall not apply.
3.2. The Store Web Interface contains information about the goods, including the prices of individual goods and the costs of returning the goods if, by their nature, such goods cannot be returned by ordinary postal service. Prices of goods are stated inclusive of value added tax and all related fees. Prices of goods remain valid for as long as they are displayed in the Store Web Interface. This provision does not limit the Seller’s possibility to conclude a Purchase Contract under individually agreed conditions.
3.3. The Store Web Interface also contains information on the costs associated with packaging and delivery of goods. The information on costs associated with packaging and delivery of goods stated in the Store Web Interface applies only in cases where the goods are delivered within the territory of the EU.
3.4. To order goods, the Buyer shall complete the order form in the Store Web Interface. The order form contains in particular information on:
3.4.1. the goods being ordered (the Buyer “places” the ordered goods into the electronic shopping cart of the Store Web Interface),
3.4.2. the method of payment of the purchase price of the goods, information on the requested method of delivery of the ordered goods, and
3.4.3. information on the costs associated with delivery of the goods (hereinafter collectively referred to as the “Order”).
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the Order, also with regard to the Buyer’s ability to identify and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the button “Send binding order”. The data stated in the Order are considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately after receiving it by electronic mail to the electronic mail address of the Buyer stated in the User Account or in the Order (hereinafter referred to as the “Buyer’s E-mail Address”).
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected shipping costs), to request additional confirmation of the Order from the Buyer (for example in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order by the Seller to the Buyer by electronic mail, sent to the Buyer’s E-mail Address.
3.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. Costs incurred by the Buyer when using means of distance communication in connection with concluding the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer themselves, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of the goods and any costs associated with delivery of the goods under the Purchase Contract to the Seller using the following methods:
in cash at the Seller’s premises at Chelčického 95/13A, 370 01 České Budějovice;
in cash on delivery at the place specified by the Buyer in the Order;
by bank transfer to the Seller’s account with Fio banka, a.s.
CZK: 2801913474/2010
IBAN: CZ9720100000002801913474
SWIFT: FIOBCZPPXXX
Fio banka, a.s.
EUR: 2400962048/2010
IBAN: CZ1020100000002400962048
SWIFT: FIOBCZPPXXX
(hereinafter referred to as the “Seller’s Account”);
cashless by payment card;
in instalments with Essox;
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with delivery of the goods.
4.3. The Seller does not require any deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of these 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 payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable upon conclusion of the Purchase Contract.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s Account.
4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order pursuant to Article 3.6, to require payment of the full purchase price before dispatching the goods to the Buyer. In the case of payment by bank transfer to the Seller’s Account or cashless payment by payment card, the Buyer is obliged to pay the price of the goods in advance. Section 2119(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 customary in commercial practice or if generally binding legal regulations so provide, the Seller shall issue a tax document – invoice to the Buyer regarding payments made under the Purchase Contract. The Seller is a payer of value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s E-mail Address or in paper form together with the goods, according to the Buyer’s instructions.
4.9. When purchasing under an EU VAT number without VAT for export, proceed according to the conditions at https://www.orfeoshop.co.uk
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of goods that have been modified according to the Buyer’s wishes or for their person, from a Purchase Contract for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a Purchase Contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a Purchase Contract for the supply of audio or video recordings or computer software if the original packaging has been broken.
5.2. Unless it is a case referred to in Article 5.1 or another case where withdrawal from the Purchase Contract is not possible, the Buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the Purchase Contract within fourteen (14) days from receipt of the goods, whereas 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. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annex to these Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, among other ways, to the Seller’s business premises address or to the Seller’s e-mail address info@orfeoshop.com.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of these Terms and Conditions, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days from withdrawal 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 by ordinary postal service due to their nature.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of these Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the Buyer’s withdrawal from the Purchase Contract, using the same method by which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs arise 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 the Seller or proves that the goods have been sent to the Seller. If the consumer chose a delivery method other than the cheapest one offered by the trader, the trader shall reimburse the consumer the delivery costs in the amount corresponding to the cheapest offered delivery method.
5.5. The Seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the Buyer’s claim for refund of the purchase price.
5.6. Until the goods are received by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such case, the Seller shall return the purchase price to the Buyer without undue delay, cashlessly to an account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such gift ceases to be effective and the Buyer is obliged to return the provided gift to the Seller together with the goods.
5.8. A legal entity does not automatically have the right to withdraw from the contract within 14 days without giving any reason if it concluded the contract with another legal entity. This right is reserved for consumers, i.e. persons acting outside the scope of their business activity.
5.9. On the basis of Act No. 89/2012 Coll. and Section 2118, according to which the Buyer pays for and takes over the item, a contractual penalty of 200 CZK may be enforced for uncollected shipments. Failure to collect the shipment does not cancel the contract and the Seller incurs costs.
6.0. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of these Terms and Conditions, the Buyer is entitled to return the goods by any method of transport, but always exclusively to the Seller’s address stated in the Contacts section.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.
6.2. If, under 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. If, for reasons on the Buyer’s side, the goods must be delivered repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another delivery method.
6.4. Upon receipt of 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, immediately notify the carrier. If damage to the packaging is found indicating unauthorized interference with the shipment, the Buyer does not have to accept the shipment from the carrier.
6.5. Further rights and obligations of the parties during transport of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
6.6. By confirming the Order, the Customer agrees to the transport conditions and any transport complaint in the event of damage to the goods caused by transport. In the event of damage to the goods during transport, proceed as follows:
THE DAMAGE IS VISIBLE BEFORE ACCEPTANCE OF THE SHIPMENT
When receiving the shipment, check the condition of its packaging, in particular whether it has been damaged in any way or repaired with different tape. If the packaging shows defects (e.g. minor deformations), it is necessary to make a written note of reservation in the delivery note of the PPL delivery service driver. In the event of any obvious damage or greater deformation, refuse to accept the shipment and inform us immediately by e-mail at info@prodejkavy.cz or by phone at +420 734 215 588 so that we can agree on the next complaint procedure.
I DISCOVERED THE DAMAGE AFTER ACCEPTING THE SHIPMENT
If you accept the shipment and later discover damage or loss of contents, contact the PPL customer service line at +420225331500 or 840 775 775 or use the PPL complaint form HERE and report the transport complaint together with the shipment number (found on the label under the barcode) to the PPL delivery service employee. Do not delay reporting the complaint; for a successful resolution it must be reported no later than within 3 working days. Take photo documentation of the damaged goods and please keep the shipment packaging (the PPL delivery service may require it in some cases for proper processing of the complaint). After the damage is registered with the PPL delivery service, they will contact us and we will handle the complaint together in the shortest possible time.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
7.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer received the goods:
7.2.1. the goods have the properties agreed by the parties, and if no agreement exists, they have such properties as described by the Seller or the manufacturer or as the Buyer expected in view of the nature of the goods and on the basis of advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
7.2.3. the quality or design of the goods corresponds to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
7.2.4. the goods are in the corresponding quantity, measure or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions stated in Article 7.2 of these Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.
7.4. If a defect becomes apparent within six months from receipt, the goods shall be deemed to have been defective already upon receipt. The Buyer is entitled to exercise the right arising from a defect occurring in consumer goods within twenty-four months from receipt.
7.5. The Buyer shall exercise rights arising from defective performance with the Seller at the address of the Seller’s premises where acceptance of complaints is possible with regard to the range of goods sold, or possibly at the registered office or place of business. The moment of lodging the complaint shall be deemed the moment when the Seller received the complained goods from the Buyer.
7.6. Further rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The Czech Trade Inspection Authority, Company ID No.: 00020869, with its registered office at Štěpánská 567/15, 120 00 Prague, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract.
8.4. The Seller is authorized to sell goods on the basis of a trade license. Trade supervision is carried out within its competence by the relevant trade licensing office. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, within the defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION AND PROCESSING OF PERSONAL DATA
9.1. The company Orfeo Office s.r.o. processes personal data in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), Act No. 101/2000 Coll., on the Protection of Personal Data, and the act replacing this law for the purpose of implementing the above regulation, Act No. 480/2004 Coll., on Certain Information Society Services, Act No. 127/2005 Coll., on Electronic Communications, and other legal regulations governing personal data protection.
9.2. For the purpose of User registration, the company Orfeo Office s.r.o. is entitled to process the User’s personal data or personal data provided or entered by the User during registration (in particular contact details).
9.3. Such processing of personal data is lawful because it is necessary for the performance of the contract on the basis of which Orfeo Office s.r.o. provides the registration service and to which the User, as the data subject, is a contracting party.
9.4. In specific cases, Orfeo Office s.r.o. may process personal data beyond Articles 9.2 and 9.3 of these Terms for a specific purpose of protecting the legitimate interests of Orfeo Office s.r.o. or third parties (e.g. the interest in secure operation of the service), in accordance with statutory requirements for the processing of personal data.
9.5. If the User has provided or will provide Orfeo Office s.r.o. with personal data of other natural persons, the User is obliged to inform such natural persons about the processing of personal data and thus ensure the lawfulness of the processing of personal data. Otherwise, the User shall be liable to Orfeo Office s.r.o. for any damage caused.
9.6. More detailed information on the handling of personal data is provided on the website of Orfeo Office s.r.o., see below:
Consent to the processing of personal data (GDPR) can be found on our website at https://www.orfeoshop.co.uk
The Personal Data Protection Statement can be found at https://www.orfeoshop.co.uk
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees to receiving information related to the Seller’s goods, services or business at the Buyer’s E-mail Address and further agrees to receiving commercial communications from the Seller at the Buyer’s E-mail Address.
10.2. The Buyer agrees to the storing of so-called cookies on their computer. If it is possible to make a purchase on the Website and fulfill the Seller’s obligations under the Purchase Contract without storing so-called cookies on the Buyer’s computer, the Buyer may withdraw the consent according to the previous sentence at any time.
11. DELIVERY OF DOCUMENTS
11.1. Documents may be delivered to the Buyer at the Buyer’s E-mail Address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This shall not affect the consumer’s rights arising from generally binding legal regulations.
12.2. If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
12.3. The Purchase Contract including these Terms and Conditions is archived by the Seller in electronic form and is not accessible.
12.4. The attachment to the order confirmation e-mail consists of a sample withdrawal form and instructions.
12.5. Seller’s contact details: delivery address Chelčického 95/13A, 370 01 České Budějovice, electronic mail address info@orfeoshop.com
