General terms and conditions
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereinafter the “T&Cs”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code of the Czech Republic (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between the seller papelote s.r.o. (hereinafter the “seller”) and another natural person (hereinafter the “buyer”) through the seller’s online shop (hereinafter the “purchase contract”). The online shop is operated by the seller on the website located under the domain name shop.papelote.cz, through the website interface. The buyer is advised to read the General Terms and Conditions and the Complaints Procedure before ordering goods.
I. General Provisions
Seller
Papelote s.r.o., Company ID (IČ): 289 44 895, with its registered office at Kozí 1002/8, 110 00 Praha 1, is a company registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 154878, engaged in the sale of stationery products.
Buyer
The buyer acknowledges that by purchasing products offered by the seller, no rights arise to use the seller’s or other companies’ registered trademarks, trade names, company logos or patents, unless otherwise agreed in a special contract in a particular case. When establishing a business relationship, the buyer provides the seller only with contact details necessary for the smooth processing of the order, or the details the buyer wants stated on the invoice. Legal relationships of the seller with a consumer not expressly governed by these T&Cs are governed by the relevant provisions of the Civil Code and related regulations.
An individual contract between the seller and the buyer takes precedence over these terms and conditions.
II. Ordering System
Goods and services are ordered by means of an electronic order (hereinafter the “order”) at shop.papelote.cz (hereinafter the “e-shop”). Orders can be placed 24 hours a day, 7 days a week.
Preparation for dispatch means the time necessary to complete all formalities in connection with handing the ordered goods over to the carrier chosen by the buyer. Dispatch (of the ordered goods) then means the seller’s handing over of the ordered goods to the carrier.
Goods are dispatched on working days (Monday - Friday). For dispatch on a given day, the order must be received no later than 8:00 on the dispatch day.
All orders placed through the e-shop are binding. By placing an order, the buyer confirms that they have read these T&Cs and agree with them. The order is a proposal to conclude a purchase contract. The purchase contract is concluded at the moment the order is confirmed. For an order to be valid, all of the following buyer details must be provided: first name and surname, phone number, email address, delivery address, delivery method, payment method, contents of the cart.
Ownership of the goods passes to the buyer at the moment of taking delivery and paying the purchase price.
The seller is not obliged to conclude a purchase contract, in particular if:
• the goods are no longer being produced
• the price from the supplier of the goods concerned has increased significantly
Should this situation arise, the seller undertakes to contact the buyer without delay to agree on how to proceed.
If the buyer has already paid part or all of the purchase price, this amount will be transferred back to the buyer’s account or address.
The buyer receives the goods at the price valid at the time of ordering. If the goods are not in stock, the seller will confirm the price and delivery date to the buyer in advance by phone / email. The seller reserves the right to change this price in view of the current market situation and depending on the development of the Czech koruna exchange rate against foreign currencies; however, a change of price does not apply to purchase contracts already concluded.
III. Delivery Terms
When delivering the purchased goods, the seller undertakes to issue an invoice with all the necessary particulars of an accounting document. The seller prepares goods in stock for dispatch no later than 72 hours after receiving the order, otherwise in accordance with the stated delivery time of the item requested. In the case of payment by bank transfer, the goods are sent after the payment is received in the seller’s account (if the goods are in stock, otherwise in accordance with the stated delivery time of the item concerned). If, for selected items, the delivery time is longer due to the exclusivity of the product, the seller will contact the buyer without delay.
Goods are delivered by the method chosen by the buyer in the online order. The delivery methods are:
• delivery via Zásilkovna
• delivery by GLS courier
• personal collection at the brick-and-mortar store
The place of delivery is the delivery address or pick-up point stated by the buyer in the order.
Personal collection
Goods can be collected in person during the opening hours of the brick-and-mortar store.
• Opening hours for personal collection: Mon—Fri 10—19, Sat 11—19.
• Phone: +420 774 719 113
• Address of the brick-and-mortar store: Milady Horákové 11, Praha 7
Delivery via Zásilkovna or GLS (hereinafter the “carrier”):
If the buyer is not found at the stated address, they will receive a notice that the shipment has been deposited (the shipment will be held at the relevant carrier branch for seven days). If you do not collect the shipment by the given deadline, it will be returned to the seller. For redelivery, the seller charges postage of the same amount.
Delivery by the carrier usually takes 2 working days (from dispatch of the ordered goods) under standard shipping conditions.
Payment terms
• payment by bank transfer to account 290353479/0300 held at ČSOB, IBAN (CZ92 0300 0000 0002 9035 3479), BIC/SWIFT (CEKOCZPP)
• payment via an online payment gateway
Schedule of other costs
All prices are contractual. Current and valid prices are always shown in the e-shop.
Delivery price list:
- personal collection – FREE
- Zásilkovna CZ - CZK 79 / GLS CZ - CZK 99
If you order goods worth CZK 900 (incl. VAT) or more, we do not charge for delivery by Zásilkovna and GLS within the Czech Republic.
- GLS Slovakia and Poland - CZK 139
- GLS Germany and Austria - CZK 159
If you order goods worth CZK 1,500 (incl. VAT) or more, we do not charge for GLS delivery within Slovakia, Poland, Germany and Austria.
We do not charge for packaging or any other fees.
This price list is valid for the territory of the Czech Republic, Slovakia, Poland, Germany and Austria. For other countries, the shipping price follows the carrier’s current price list and is always updated before the order is completed.
IV. Withdrawal from the Contract
In accordance with Section 1829(1) of the Civil Code, a buyer who is a consumer has the right to withdraw from the purchase contract within fourteen (14) days of receiving the goods.
The buyer must send the notice of withdrawal within 14 days of receiving the goods. The buyer must then send the goods back to the seller within 14 days of withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller. The buyer is then entitled to a refund of the shipping costs for the cheapest delivery option offered by the seller (CZK 79).
If the buyer decides to withdraw within this period, the following conditions must be met:
• The goods must be delivered to the dispatch address (Fulfillment CZ s.r.o. (papelote s.r.o), CTPark Prague North - Úžice / Kozomín, 277 45) with the invoice number.
• The goods sent and delivered back to the seller’s address must be undamaged and complete, including accessories and all documents provided and any gifts received with the product. If damaged or incomplete goods are returned, the purchase price will be refunded reduced by an appropriate amount. Do not send goods cash on delivery - they will not be accepted. We recommend insuring the goods.
• If any of the above requirements is not met, the seller has the right to refuse the returned goods or to proportionally reduce the amount to be refunded to the buyer for the goods received.
• The right to withdraw from the contract does not apply to I) the supply of goods or services whose price depends on fluctuations in the financial market independent of the seller’s will, II) the supply of goods modified to the buyer’s wishes, III) the supply of consumable goods and other goods whose use consumes part of their value and which cannot be returned to their original pre-purchase condition.
The seller undertakes to refund the purchase price paid to the buyer no later than fourteen (14) days after withdrawal, in the same manner in which the buyer paid the purchase price. The seller reserves the right to send the funds to the buyer’s account only after the goods have been returned or after proof of their dispatch has been delivered.
If the buyer is no longer able to return the goods in their original condition or their value has already been reduced (the goods have been partially consumed or worn), the buyer is obliged to compensate the missing value in money pursuant to Section 2991(1) of the Civil Code – in practice this is done by offsetting it against the purchase price being refunded by the seller, which is therefore paid out to the consumer in a reduced amount.
V. Complaints Procedure
This Complaints Procedure is available at the seller’s registered office or as part of these terms and conditions.
Complaints will be handled in accordance with the seller’s Complaints Procedure and the legal order applicable in the Czech Republic.
Goods can be claimed under warranty from the seller in accordance with the conditions of the Complaints Procedure.
The buyer is obliged to read the Complaints Procedure and the T&Cs before ordering the goods. By taking delivery of the goods from the seller, the buyer agrees to the Complaints Procedure set out below.
As proof of warranty, the seller issues a purchase document for each item of goods purchased - an invoice with all the particulars of an accounting document and other data necessary for claiming the warranty (name of goods, date, price, quantity, order number).
Warranty period
The warranty period begins on the day the buyer takes delivery of the goods, i.e. the date stated on the invoice. The statutory warranty period is generally 24 months.
The seller will not accept complaints regarding goods made after the above warranty period has expired. Within the statutory warranty period, complaints are governed by the Civil Code (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code), taking this Complaints Procedure into account. For an extended period, complaints are governed exclusively by this Procedure.
Warranty conditions
The warranty conditions for the goods are governed by the seller’s Complaints Procedure and the applicable legal regulations of the Czech Republic. The invoice serves as the warranty certificate. We ask the buyer to check the shipment in the presence of the carrier and, if damage to the shipment is found, to make a complaint directly to the carrier. The carrier will then draw up a report of the defect found with the addressee, and the shipment will be returned to the sender. The buyer is entitled to refuse to accept a shipment that does not conform to the purchase contract, for example because it is incomplete or damaged. If the buyer accepts such a damaged shipment from the carrier, the damage must be described in the carrier’s delivery protocol.
An incomplete or damaged shipment must be reported immediately by email to eshop@papelote.cz, a damage report must be drawn up with the carrier, and this must be sent to the seller without undue delay by email or post. A subsequent complaint about incompleteness or external damage to the shipment gives the seller the opportunity to prove that there is no non-conformity with the purchase contract.
The buyer may send defective goods for a complaint by courier service to the address of the establishment. The package should be clearly marked "COMPLAINT" and contain: the goods complained about (including complete accessories), we recommend enclosing a copy of the invoice, a detailed description of the defect and sufficient contact details of the buyer (return address, phone number). Without the above, it is impossible to identify the origin and the defect of the goods. The buyer proves the validity of the warranty by presenting the invoice; if the goods have been the subject of a complaint in the past, the buyer must also present the complaint document. The relevant documents (invoice or complaint document) must bear the same order number.
Furthermore, the warranty does not cover damage caused by:
• careless, inappropriate or forceful mechanical handling
• use of the goods in conditions whose temperature, dustiness or humidity do not correspond to those specified by the manufacturer, where specified
• the goods having been damaged by excessive loading or by use contrary to the conditions stated in the documentation or to general principles
• the goods having been damaged by natural elements or force majeure
Goods submitted for a complaint will be tested only for the defect stated in writing by the buyer (in the complaint form or in the enclosed sheet describing the defect). If it is found that the cause of the problems is not the product complained about but improper handling by the buyer, the complaint will be rejected. If the buyer agrees to a paid repair, it will be charged according to the current valid price list. The seller is liable for hidden defects of the goods that appear upon the buyer’s taking delivery and during the warranty period.
How complaints are handled
If, upon the buyer taking delivery, the item does not conform to the purchase contract (hereinafter a “non-conformity with the purchase contract”), the buyer has the right to have the seller bring the item into conformity with the purchase contract free of charge and without undue delay, either by replacing the item or by repairing it, as the buyer requires. If this is not possible, the buyer may demand a reasonable discount on the price or withdraw from the contract. This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity himself.
A non-conformity with the purchase contract that becomes apparent within six months of the day the item was taken over is deemed to have existed already at the time of delivery, unless this is incompatible with the nature of the item or the opposite is proven. In the case of a defect that can be remedied, the buyer has the right to have it remedied free of charge, in good time and properly, and the seller is obliged to remedy the defect without undue delay. Unless it is disproportionate given the nature of the defect, the buyer may demand replacement of the item or, if the defect concerns only a component of the item, replacement of the component. If this is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract. If a discount is granted, the defect cannot be claimed again later.
In the case of a defect that cannot be remedied and that prevents the item from being properly used as an item without defects, the buyer has the right to a replacement of the item or the right to withdraw from the contract. The same rights belong to the buyer if the defects are remediable but the buyer cannot properly use the item because the defect recurs after repair or because of a larger number of defects. In the case of other irremediable defects, if the buyer does not request replacement of the item, the buyer has the right to a reasonable discount on the price of the item or may withdraw from the contract. The seller handles complaints about goods without undue delay, but at the latest within 30 days from the day following the date the buyer made the complaint.
After a justified complaint has been handled, the warranty period is extended by the duration of the complaint. In the case of an unjustified complaint, the warranty period is not extended. If the complaint was resolved by replacement, any further complaint is considered the first complaint about the goods. (The duration of the complaint is counted from the day following receipt to the day the complaint is resolved. Not until pickup by the buyer! The customer is informed of the resolution by the email address provided at the time of purchase.)
After the complaint has been handled, the seller notifies the buyer of the completion of the complaint by phone, SMS or email. If the goods were sent by courier service, they will be automatically sent to the buyer’s address after the complaint has been handled. If the goods complained about are not collected within 60 days of the date the complaint was filed, the seller is entitled, pursuant to Section 2608(1) in conjunction with Section 2159(2) of the Civil Code, to charge a storage fee when the complaint goods are released. The amount of this fee is CZK 10/day, and for goods over 5 kg CZK 20/day.
VI. Privacy and Intellectual Property
The seller is obliged to handle the buyers’ personal data in accordance with the relevant provisions of Czech Act No. 101/2000 Coll., on the Protection of Personal Data.
The seller declares that all personal data are confidential, will be used only to perform the contract with the buyer and will not otherwise be published, provided to a third party, etc., except where related to the distribution or payment of the ordered goods (disclosure of name and delivery address).
The buyer is obliged to notify the provider without delay of any changes to their identification, billing and contact details that could affect the performance of the purchase contract.
By concluding the purchase contract, the buyer acknowledges that the goods constitute the seller’s intellectual property protected by law. The buyer is entitled to use the goods supplied by the seller for themselves or their business partners or clients, but is not entitled to modify or supplement the goods in any way, remove the seller’s trademarks or other marks from them or resell them (unless the purchase contract shows that the goods are ordered for the purpose of resale), with the exception of modifications for the personal non-commercial use of a buyer who is a natural person. The buyer is also not entitled to make or have made copies or imitations of the purchased goods. For each individual breach by the buyer of any of the obligations set out in this paragraph, a contractual penalty of CZK 50,000 is agreed, together with an obligation to compensate damage and non-material harm in full (e.g. in the case of unauthorised use of the goods).
VII. Out-of-Court Dispute Resolution
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID (IČ): 000 20 869, website: https://adr.coi.cz/cs , is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.
The seller is authorised to sell goods on the basis of a trade licence. Trade licensing inspections are carried out by the competent trade licensing office within its remit. The Czech Trade Inspection Authority, within the defined scope, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection
VIII. Final Provisions
These T&Cs are valid from 1 January 2018. The seller reserves the right to change these T&Cs without prior notice.
Approved on behalf of papelote s.r.o. by Denisa Havrdová.
Prepared in accordance with Act No. 89/2012 Coll., the Civil Code.