The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as "Terms and Conditions").
1.1 In these Terms and Conditions.
1.1.1 "E-shop" means a computer program - an internet application available on the Internet via the internet address greatexpectations.cz, whose main functionality is to display, select and order goods by the User;
1.1.2 "Purchase contract" means a purchase contract within the meaning of § 2079 et seq. of the Civil Code concluded between the Operator as a seller and the User as a buyer through the E-shop;
1.1.3 "Shopping Cart" means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;
1.1.4 "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended;
1.1.5 "Operator" means Great Expectations s.r.o., ID No.: 06035434, with registered office at Korunní 2569/108, Prague 10 - Vinohrady 101 00;
1.1.6 "Access data" means the unique login name and the password assigned to it entered by the User into the E-shop database during Registration;
1.1.7 "Registration." means electronic registration of the User into the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and Access Data and their subsequent storage in the E-shop database;
1.1.8 "Consumer" means a User - a person who, outside the scope of his/her business activity or outside the scope of independent exercise of his/her profession, concludes a Contract with the Operator or otherwise deals with the Operator;
1.1.9 "User" means any legal or natural person who uses the E-shop;
1.1.10 "User account" means the part of the E-shop that is set up for each single User by Registration (i.e. it is unique for each User) and made available after entering the Access Data;
1.1.11 "Goods" means the item offered by the Operator for sale to the User via the E-shop, and if the Goods are offered, also the license to use this item;
2.1 With respect to the price of the Goods and the cost of shipping and other charges,:
2.1.1 In the case of licence agreements concluded for an indefinite period, the licence price is agreed for the entire period of the licence, unless otherwise stated.
2.1.2 The prices of the goods, services and licensed content provided on the website are inclusive and exclusive of VAT, including any charges provided for by law, however the cost of delivery of goods or services varies depending on the method and provider of delivery and method of payment. The agreed price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User.
2.1.3 In the event of withdrawal from the contract, the Consumer shall bear the costs of returning the Goods and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if the Goods cannot be returned by the usual postal method due to their nature.
2.2 In the event that the subject of the contract is the delivery of digital content that will not be delivered on a tangible medium, the Consumer expressly consents to the delivery of this content before the expiry of the statutory withdrawal period.
2.3 For withdrawal, the following applies:
2.3.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, pursuant to the provisions of Section 1829(1) of the Civil Code. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.
2.3.2 Please send your withdrawal at your own expense to the Operator at [email protected]
2.3.3 The Consumer is obliged to return the Purchase Contract to the Operator without undue delay, no later than 14 days from the date of withdrawal from the Purchase Contract, or to hand it over at the Operator's registered office. The time limit shall be deemed to have been observed even if the Goods are sent to the Operator no later than the last day of the aforementioned period.
2.3.4 The consumer cannot withdraw from the contract:
s on the provision of services, which the Operator has fulfilled with the prior express consent of the Consumer before the expiry of the withdrawal period;
b the delivery of an audio or visual recording or computer program, i.e. digital content on a tangible medium, if it has broken its original packaging;
c for the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period;
2.3.5 The consumer is obliged to pay a proportionate part of the price in the event of withdrawal from a contract whose subject matter is the provision of services and whose performance has already begun.
2.3.6 If the Consumer withdraws from the Purchase Contract, he/she is obliged to provide in writing his/her bank account number for the refund of the purchase price for the Goods, which may be reduced if there are legal reasons for this.
2.3.7 If the Consumer withdraws from the Purchase Contract in respect of Goods which are returned to the Operator damaged and/or worn out, in particular if the original markings of the Goods (i.e. tags, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for the cost of restoring the Goods to their original condition.
2.3.8 The form for withdrawal from the Purchase Agreement is attached as Annex 1 to these Terms and Conditions.
2.4 The Consumer shall be liable to the Operator for any reduction in the value of the Goods as a result of handling the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.
2.5 The operator does not make use of the possibility of out-of-court settlement of consumer complaints... It is possible to address a complaint to the supervisory authority or the state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.
3.1 The Operator offers the Users to conclude a Purchase Contract through the E-shop. The Operator's offer to conclude the Purchase Contract is the display of a button marked "Order" in the user interface of the E-shop.
3.2 The User's unconditional acceptance of the Operator's offer to conclude the Purchase Contract pursuant to paragraph 3.1 of these Terms and Conditions shall be deemed to be a click on the button marked "Order".
3.3 The unconditional acceptance of the offer pursuant to paragraph 3.2 of these Terms and Conditions constitutes the conclusion of the Purchase Contract.
3.4 The Contract is concluded at the moment when the electronic information about the click on the button within the meaning of paragraph 3.2 by the User reaches the server where the E-shop is installed via the Internet.
3.5 The User undertakes to fill in the relevant text fields in the user interface of the E-shop with true and complete data, in particular his/her e-mail address, identification data and, if applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.
3.6 The Operator will send the User an e-mail message about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the appropriate field in the user environment of the E-shop.
3.7 All Goods presented within the user environment of the E-shop are for informational purposes only and the Operator is not obliged to enter into a Contract in respect of such Goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
4.1 Upon conclusion of the Purchase Agreement, the following provisions shall come into force:
4.1.1 The User purchases from the Operator the Goods that the User has selected in the user environment of the E-shop by inserting them into the Shopping Cart, in the quantity that the User has selected and/or set for the Goods in the user environment of the E-shop, and the User undertakes to pay the Operator the price for the Goods that is indicated for such Goods in the user environment of the E-shop.
4.1.2 The Operator has the right to withdraw from the Purchase Contract for any reason or no reason until the Goods are sent to the User. The withdrawal from the Purchase Contract is also considered to be a legal action of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him.
4.1.3 The Operator is entitled to ask the User for an additional order confirmation at any time and is entitled to delay the dispatch of the Goods to the User until it receives the order confirmation from the User.
4.1.4 The method of packaging the Goods is determined solely by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.
4.1.5 The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount specified for the order in the Portal user environment.
4.1.6 The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and other monetary benefits to the Operator.
4.1.7 If any of the payment methods contains information about the cost of making such payment, the User is obliged to bear the cost of making such payment, which is indicated for the payment in the user environment of the E-shop.
4.1.8 In the case of non-cash payment by bank transfer, the user is obliged to indicate the variable symbol specified by the Operator.
4.1.9 In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.
4.1.10 The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined unless expressly stated otherwise.
4.1.11 The purchase price for the Goods does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User's costs.
4.1.12 The Operator reserves the ownership right to the Goods, which are the subject of the Purchase Agreement, until the User has paid the purchase price for the Goods in full.
4.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Agreement. All delivery times for the Goods indicated in the user interface of the E-shop are indicative only.
4.1.14 The Operator shall always send the User a tax document - invoice in electronic form to the User's email address entered during the order to the User's E-shop environment.
4.1.15 If the Operator provides the User with a gift together with the Goods, the gift contract between the User and the Operator is concluded with the condition that if the Purchase Contract is terminated (e.g. due to withdrawal from the Purchase Contract), the gift contract shall terminate without further delay from the beginning together with the Purchase Contract and the User shall be obliged to return the gift together with the Goods to the Operator.
4.1.16 The Operator provides the User with a warranty for the Goods, if the warranty period is indicated for the Goods in the user environment of the E-shop, for the duration of the stated warranty period, while the warranty so indicated applies only to the Consumer.
4.1.17 The User is entitled to exercise the right to withdraw from the contract and the rights arising from defective performance at the Operator's registered office. The moment when the Operator receives the Goods from the User is considered the moment of claiming.
4.1.18 If the Goods are listed as used within the user interface of the E-shop, the User shall purchase the Goods in used condition, including the listed defects of such Goods.
4.1.19 The risk of loss, damage and/or destruction of the Goods that are the subject of the Purchase Contract shall pass to the User, who is a Consumer, at the moment of acceptance of the goods by the User.
4.1.20 The risk of loss, damage and/or destruction of the Goods subject to the Contract shall pass to the User who is not a Consumer at the moment of receipt of the Goods by the User.
5.1 The User has the right to create a User Account by registering.
5.2 The User is obliged to enter the Access Data before entering the User Account.
5.3 The User's identification data entered during Registration shall be deemed to be the data entered during the order of each Goods made by the User after logging into his User Account.
5.4 The User shall not provide third parties with Access Data or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorised use of such Access Data or User Account and for any damage caused to the Operator or third parties as a result. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify the Operator. The Operator shall provide the User with new access data within a reasonable period of time.
5.5 In the case of User's registration, the conditions of § 1752 paragraph 1 of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; the change shall be notified to the User via the E-shop and/or by e-mail to the User's e-mail address entered into the E-shop database.
The User has the right to reject changes to the Terms and Conditions within 3 days from the first login to the User's account after the notification of the change to the Terms and Conditions (if delivered via the E-shop) or from the delivery of the e-mail message to the User's e-mail box (if delivered via e-mail) and to terminate the obligation for this reason within a notice period of 30 days, which the parties agree is sufficient to procure similar performance from another supplier.
6.1 The Operator shall be liable to the Consumer that the Goods are free from defects upon receipt.
6.2 If the Goods contain defects, the Consumer has the right to demand delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the Goods, the Consumer may only demand replacement of the part; if this is not possible, the Consumer has the right to withdraw from the Purchase Contract.
6.3 The Consumer has the right to have new Goods delivered or parts replaced even in the case of a removable defect, if the Goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Consumer has the right to withdraw from the Purchase Contract.
6.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects or to replacement of its parts or to repair of the Goods, he/she may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Operator cannot deliver new Goods without defects, replace a part of the Goods or repair the Goods, as well as if the Operator fails to remedy the defect within a reasonable time or if the remedy would cause the Consumer significant difficulties.
6.5 The Consumer shall not be entitled to the right of defective performance if the Consumer knew that the Goods were defective before taking delivery of the Goods or if the Consumer caused the defect.
6.6 The Operator's liability for defects in the Goods does not extend to wear and tear of the Goods caused by their normal use, in the case of Goods sold for a lower purchase price to the defect for which the lower purchase price was agreed, in the case of used Goods to the defect corresponding to the level of use or wear and tear that the Goods had when taken over by the Consumer, or if it results from the nature of the Goods.
6.7 If the Goods are under warranty, the Consumer has the right to claim liability for defective performance within the warranty period.
6.8 At the Consumer's request, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods so permits, it is sufficient to issue the Consumer with a proof of purchase of the Goods containing the same information as the warranty certificate. The warranty certificate must contain the name and surname, name or business name, registration number and registered office of the Operator.
6.9 In the event that the Consumer exercises his/her right to eliminate defects in the Goods by repairing the Goods, for which a businessman other than the Operator, whose registered office or place of business is in the same place as the Operator or in a place closer to the Consumer, is designated for the purpose of warranty repairs, the Consumer shall exercise the right to warranty repairs with this businessman.
6.10 Claims for Goods, including the removal of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer shall have the same rights as if it were a material breach of the Contract.
6.11 The time limit for the settlement of the complaint shall be stopped in the event that the Operator has not received all the documents necessary for the settlement of the complaint until the documents are delivered.
6.12 The Operator or the entity designated by him/her shall invite the Consumer to take delivery of the repaired Goods after the proper handling of the complaint.
6.13 The right to exercise the rights from defects of the Goods shall expire in the event of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the event of unprofessional handling of the Goods, i.e. in particular in the event of using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.
7.1 The operator is legally obliged to protect and secure the personal data provided. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorized disclosure or use.
8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
8.2 The Operator has the right to change the E-shop, i.e. its technical design and/or user interface.
8.3 The Operator has the right to restrict or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop or any other reason on the part of the Operator or a third party.
8.4 The User is obliged to comply with the valid and effective legislation of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damages incurred in this way.
8.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or applicable and effective legislation, the Operator has the right to cancel the User Account.
9.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
9.2 Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not roughly correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contact the User and inform him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price, and if this does not happen, the Purchase Agreement is cancelled from the beginning.
9.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression due to their conversion to the display in the User's technical means, therefore the User is always obliged to familiarize himself with the full description of the Goods and in case of any doubts contact the Operator.
9.4 The Operator's contact details for communication with the User are listed in the user interface of the E-shop in the Contact section.
10.1 According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer and is also obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
10.2 The invoice containing the mandatory data and the receipt according to Act No. 112/2016 Coll., on the registration of sales, will be sent to the User in the form of a link to download these documents or as an attachment to an e-mail. The Buyer agrees to this.
10.3 More information is available on the following website: http://www.etrzby.cz/cs/zakladni-informace-pro-zakazniky
11.1 These Terms and Conditions, as well as the Purchase Contract, are governed by the law of the Czech Republic, in particular the Civil Code.
12.1 These Terms and Conditions shall come into force on 23 March 2020.