Terms and Conditions
JV Profi
Jaroslava Vyskočilová
Registered office: Na Výsledku I 1084/4, 140 00 Prague 4 - Nusle
Company ID No.: 88624315
CONTACT
Name: Jaroslava Vyskočilová
Address: Na Výsledku I. 1084/4, 140 00 Prague 4 - Nusle
Email:
Telephone: +420 724 503 777
INTRODUCTORY PROVISIONS
1. These Terms and Conditions of JV Profi, operated by a natural person conducting business under the Trade Licensing Act, Ms Jaroslava Vyskočilová, with registered office at Na Výsledku I. 1084/4, Company ID No.: 88624315, are governed by the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection. The online store is operated by the Seller on the website located at www.jvprofi.cz.
2. The Terms and Conditions form part of the order. The order and the Terms and Conditions are drawn up in the Czech language and sent electronically to the Buyer’s email address.
GENERAL PROVISIONS
1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of JV Profi, operated by a natural person conducting business under the Trade Licensing Act, Ms Jaroslava Vyskočilová, with registered office at Na Výsledku I. 1084/4, Company ID No.: 88624315 (hereinafter the “Seller”), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at www.jvprofi.cz (hereinafter the “Website”), through the website interface (hereinafter the “Online Store Interface”).
1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting, when ordering goods, within the scope of their business activities or independent professional practice.
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Deviating arrangements in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions without prior notice; the Seller will always publish the current wording of the Terms and Conditions on the Website. This provision does not affect rights and obligations arising during the period of validity of any previous wording of the Terms and Conditions.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The Online Store Interface contains information about goods, including the prices of individual goods. The prices of goods are stated including value added tax. The prices of goods remain valid for the period during which they are displayed in the Online Store Interface. This provision does not limit the Seller’s option to conclude a Purchase Agreement under individually agreed terms.
3.3. The Online Store Interface also contains information on costs associated with packaging and delivery of goods; the individual types of delivery and packaging of goods are specified in the Online Store Interface. Unless stated otherwise for a specific method of packaging and delivery of goods, the information on costs associated with packaging and delivery of goods stated in the Online Store Interface applies only where the goods are delivered within the territory of the Czech Republic. Unless stated otherwise in a specific case, the price of packaging is already included in the shipping price.
3.4. To order goods, the Buyer completes the order form in the Online Store Interface. The order form includes, in particular, information on:
3.4.1. the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods, and information on the costs associated with delivery of the goods (hereinafter collectively the “Order”).
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, including 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 “Send Order” button. The Seller considers the data stated in the Order to be correct. Immediately after receiving the Order, the Seller confirms receipt to the Buyer by email, to the Buyer’s email address stated in the Order (hereinafter the “Buyer’s Email Address”). The Seller then confirms and accepts the Order (acceptance) in a separate email, provided that the goods are available and the Order can be fulfilled, sent to the Buyer’s Email Address; at that moment, in accordance with paragraph 3.7 of this Article, a contractual relationship between the Buyer and the Seller is established.
3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled 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 is established upon delivery of the acceptance of the Order, which the Seller sends to the Buyer by email to the Buyer’s Email Address. The facts stated in the completed confirmed Order form form part of the Purchase Agreement.
3.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) are borne by the Buyer, and such costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the Seller the price of the goods and any costs associated with delivery of the goods under the Purchase Agreement in the following ways:
by bank transfer in Czech crowns (CZK) to the Seller’s account No. 2300236831/2010, maintained with Fio banka, a.s. (hereinafter the “Seller’s Account”);
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the agreed costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
4.3. The Seller does not require the Buyer to pay a deposit or any similar payment. This does not affect Article 4.6 of the 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 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 within ten (10) days of conclusion of the Purchase Agreement.
4.5. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the Seller’s Account.
4.6. The Seller is entitled, in particular if the Buyer does not additionally confirm the Order (Article 3.6), to require payment of the full purchase price before dispatching the goods to the Buyer. 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.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
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 agreement for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, or in other cases stated in Section 1837 of the Civil Code.
5.2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where withdrawal from the Purchase Agreement is not possible, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods. If the subject of the Purchase Agreement consists of several types of goods or delivery in several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period stated in the previous sentence. The Buyer may send withdrawal from the Purchase Agreement, among other ways, to the Seller’s business premises address or to the Seller’s email address
5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.
5.4. In the event of withdrawal from the agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement, 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 upon the return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.
5.5. The Seller is entitled to unilaterally set off any claim for compensation for damage caused to the goods against the Buyer’s claim for a refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are received 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 subject to the condition subsequent that if the Buyer withdraws from the Purchase Agreement, 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. The Buyer is obliged to accept the shipment and may return the goods only thereafter. If the Buyer fails to accept the shipment without good reason, the Buyer is obliged to pay the costs of its dispatch. If the postage is not paid within 14 days of notification, it will be recovered through court proceedings.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. The methods of transport and delivery of goods are stated in the Online Store Interface, and the Buyer selects a specific method of transport and delivery by completing the order form. The foregoing does not exclude the possibility that the Seller and the Buyer agree on a special method of transport and delivery of goods.
6.2. If the method of transport is agreed on the basis of a special request by the Buyer, the Buyer bears the risk and any additional costs associated with that method of transport.
6.3. If, under the Purchase Agreement, the Seller is obliged to deliver the goods to a place designated by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
6.4. If, for reasons on the Buyer’s side, the goods must be delivered repeatedly or in a manner other than that stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.
6.5. 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, to notify the carrier immediately. If the packaging is found to be damaged in a way indicating unauthorised access to the shipment, the Buyer does not have to accept the shipment from the carrier.
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, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.2. The Buyer acknowledges that, unless it is expressly stated for a specific item that it is new goods, goods sold through the Seller’s online store are used goods (second-hand goods) within the meaning of Section 2167(c) of the Civil Code, and their purchase price has been determined in accordance with Section 2167(a) of the Civil Code with regard to the defects of such goods. Accordingly, pursuant to Section 2167 of the Civil Code, the Buyer’s rights under Section 2165 of the Civil Code do not apply to the goods. In connection with the above, the condition of wear is stated for each item of goods and is also reflected in the purchase price of the goods.
7.3. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective already upon receipt. Pursuant to the express agreement in this paragraph and in connection with Section 2168 of the Civil Code, the Buyer is entitled to exercise rights arising from a defect occurring in used consumer goods within twelve (12) months of receipt. If the Buyer purchased goods expressly stated to be new consumer goods, the statutory period for exercising rights arising from defects is twenty-four (24) months from receipt.
7.4. The Buyer exercises rights arising from defective performance with the Seller at the address of the Seller’s business premises where acceptance of a complaint is possible with regard to the range of goods sold.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods upon payment of 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, with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Purchase Agreement.
8.4. The Seller is authorised to sell goods on the basis of a trade licence. Trade supervision is carried out within its competence by the competent trade licensing office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, to the specified extent, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. Protection of the personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on Personal Data Protection, as amended.
9.2. The Buyer consents to the processing of the following personal data: first name and surname, residential address, identification number, tax identification number, email address, telephone number (hereinafter collectively the “Personal Data”).
9.3. The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising rights and obligations under the Purchase Agreement.
10. DELIVERY OF COMMUNICATIONS
10.1. Communications may be delivered to the Buyer at the Buyer’s email address.
11. FINAL PROVISIONS
11.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
11.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
11.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4. Seller’s contact details: delivery address Jaroslava Vyskočilová, Na Výsledku I. 1084/4, 140 00 Prague 4 - Nusle; email address
In Prague on 1 November 2023
By law, the Seller is obliged to issue a receipt to the Buyer. We do not accept cash or card payments.
We are not VAT payers.