General Terms & Conditions of Purchase in the e-shop 

1. General conditions

• These general conditions (hereinafter after “General Conditions”) define the content of the legally binding relationship created on the basis of the Sellers order pursuant to Art. 2 of the General Conditions between de.fakto CZ, s.r.o. as Seller on one side, and the Buyer on the other side. The General Conditions are binding on both sides.
• The Seller is de.fakto CZ, s.r.o., company registration number 264 46 995, V.A.T. registration number CZ 26446995, with a seat in Vejvodova 447/3, 101 00 Prague 1, Czech Republic, entered into the Commercial Register maintained by the Municipal Court in Prague, Section C, file no. 82818, contact information: tel. +420 224 233 815, e-mail: defakto@defakto.cz; the supervisory entity of the Seller pursuant to §53 par. 4(b) law no. 40/1964 Sb., of the Civil Code, as amended by subsequent regulations, is City of Prague 1, Department of Trade Licenses (hereinafter “Seller“).2.

2. Ordering merchandise

• The order is in the form of an interactive order form which is accessible on the Seller’s web pages www.centrum-sedacich-souprav.cz. A valid order is placed when a fully completed order form is received by the Seller (hereinafter “Order”). A purchase contract is completed when the confirmation of Order acceptance is received by the Buyer.
• The Buyer has the opportunity during completion of the Order form to determine and correct errors made during data input prior to submitting the Order, specifically, on the basis of the Order summary that is generated by the Order input application.
• The Seller is obligated to confirm the Order subsequently to receiving it without delay.
• If the agreed purchase price is not be credited to the Seller’s account within five days following the receipt of the Order, The Seller agrees to call the telephone number indicated by the Buyer in the Order, in order to determine whether the Buyer intends to cancel the order. If the Buyer intends to cancel the Order, the Seller will request the Buyer to cancel the Order (per Sec. 6, par. 3 of the General Terms & Conditions). If the Buyer does not expressly cancel the Order, the Order is automatically canceled on the 10th day following the receipt of the Order. If the lack of payment was an error, the Seller will request the Buyer to pay within an additional agreed upon time. If payment is not received even within this extended time, the Order is automatically cancelled.
• The Seller has the right to cancel the purchase contract if the Buyer, or the Buyer’s representative, or a person acting under the influence of the Buyer, repeatedly fails to fulfill his obligations to the Seller based upon the purchase contract entered into pursuant to Terms & Conditions or in the Seller’s store, particularly the obligation to accept the goods and to pay the purchase price.
• To execute the contract entered into between the Seller and Buyer in a manner that is necessary for its fulfillment, The Seller will process the Buyer’s personal information (First and family name, address, telephone, e-mail, name of company, corporate identification and V.A.T. tax numbers) which the Buyer will provide in the Order, and will maintain such information for the period necessary to satisfy the purpose of the processing of personal information. By completing the registration form, or Order form of the online store www.centrum-sedacich-souprav.cz, the Buyer consents to the processing of his personal information which he provided in the Order form, and information about his purchases (date of purchase, invoice number, type of goods, and similar). The Seller is obligated to process this information in compliance with valid and applicable legal regulations. Making this information available is voluntary; however, a purchase is not possible without this information.
• A purchase contract entered into pursuant to the Terms & Conditions (The Order and the Order acceptance, Terms & Conditions, the conditions for Returns and Allowances for the e-shop) is filed and is accessible to the Buyer who will receive them in printed form upon the delivery of goods together with the invoice, Bill of Delivery (also serves as the Warranty card) and the product use and care instructions. The purchase contract is also accessible to authorized employees of the Seller or to persons with a similar standing as the Seller’s authorized employees.
• The technical steps that lead to a valid contract are: (i) sending the Order (after Buyer completes all required information in the Order form and clicks the “send Order” button, which is followed by the text confirming that the Order was send [“Your Order was successfully sent. In case of any errors, please contact us and include the Order number. Thank you for using our services”] and (ii) the confirmation of the Order, specifically, the delivery of the automatic reply from Seller to the e-mail address indicated in the Order (the completion of the e-mail address field is required).
• It is possible to enter into a contract only in the Czech language.

3. Purchase price and delivery of goods

• The parties agree to the purchase price that is indicated on the web pages at www.centrum-sedacich-souprav.cz at the moment the Order is placed. The indicated prices include V.A.T. and other taxes, fees and similar charges, unless indicated otherwise. The Seller reserves the right to make corrections of errors and the right to make a proportionate adjustment to price in response to inflation or in case of changes in exchange rates or substantial changes in the supply conditions of the Seller. The purchase price will be considered as paid only when the entire purchase price for a stand-alone part of the Order has been credited to the Seller’s account, or paid to the Seller in cash. The invoice issued by Seller serves also as a tax document. The Buyer can take delivery of his goods only after making payment in full, unless the moment of delivery is agreed otherwise.
• If the purchase price has been paid prior to delivery, and the Seller is unable to make delivery, the Seller agrees to return the purchase price that has been paid to the Buyer without delay. The return of the purchase price cancels the purchase contract.
• The cost of delivery in the Karlovy Vary region is included in the purchase price.
• The cost of delivery outside of the Karlovy Vary region is not included in the purchase price and is charged to the Buyer at 10 CZK without V.A.T. for each kilometer, or part thereof, from the border of the Karlovy Vary region. The cost of delivery is paid to the delivery company.
• The price for transfering the goods is not included in the purchase price and it is 100 CZK without V.A.T. for each floor the goods are moved. The cost of moving the goods is paid to the delivery company.

The price of delivery outside of the Czech Republic is not included in the purchase price and will be agreed individually.

• Each party pays its own expenses related to long distance communications. The goods are delivered by a delivery company, unless agreed otherwise.
• The day immediately following the complete payment of the purchase price is the first day of the delivery period.
• The delivery consists of an original invoice, use and care instructions, Bill of delivery (which also serves as the Warranty card), printed Order, printed confirmation of the receipt of Order, printed Terms & Conditions, and printed conditions for Returns & Allowances claims for the e-shop.
• The moment of delivery of goods is the authorized personal acceptance of the goods in the Seller’s store, or acceptance of the goods from the delivery company.

4. Payment Methods

• Cashless transfers. If the Buyer elects in the Order form payment to the Seller’s account by bank transfer as a method of payment of the purchase price, the Seller agrees to send the Buyer a confirmation of receipt of Order together with a copy of the invoice. The purchase price is paid when the amount of the payment is credited to Seller’s account. The Seller agrees to contact the Buyer by telephone to make arrangements for delivery within 24 hours, and in case of payment by credit card, within 48 hours after the purchase price is paid.
• Cash payments. If the Buyer elects in the Order form payment to the Seller in cash as a method of payment of the purchase price, the Seller agrees to send the Buyer a confirmation of receipt of Order together with a copy of the invoice. The Seller agrees to confirm the receipt of payment in cash by issuing a cash receipt document. The purchase price is paid upon the payment of cash to the Seller. The details of delivery will be agreed when the purchase price is paid.

5. Warranty

• The warranty for the goods sold is issued pursuant to generally applicable legal regulations that are included in the transfer protocol which serves also as the Warranty card. Unless indicated in the online product catalog at www.centrum-sedacich-souprav.cz otherwise, the warranty period on the goods for all brands is 24 months. The warranty period begins when the Buyer assumes possession of the merchandise.
• The warranty is valid for manufacturing defects or other defects which were not caused in particular by unprofessional or improper handling or maintenance, or using the product in conflict with its intended purpose or use instructions, mechanical damage, wear and tear, natural disasters or other external factors.
• The warranty does not apply to mechanical damage that is not described in the Bill of Delivery. The Seller has the right to refuse a claim for return of goods in cases where the Bill of delivery or transfer protocol has been visibly altered, such as by transcribing it and by similar actions.
• The place where claims for returns or allowances of merchandise may be made is the Seller’s warehouse in Dolní Žďár 74, 363 01, Ostrov nad Ohří, Czech Republic.

6. Returned goods

• The Buyer has the right to cancel the purchase contract within 14 days from the receipt of the goods. If the Buyer decides to cancel the purchase contract, he must return the undamaged goods, which must not show signs of use or wear and tear, within the prescribed time period (determinative is the date the goods were shipped). Before sending the goods back to our address, please send (by e-mail or fax) a formal withdrawal from the contract and indicate the Order number. This provision does not change §53, par. 8 of the Civil Code. Please also indicate the reason for the withdrawal from contract (this is not required by law and do we make declaring the reason for cancelation a condition for refunding the purchase price). It will help us to improve our services. Thank you.
• Following the receipt of the returned goods pursuant to the preceding provision, Seller shall pay the purchase price to the account of the Buyer within 10 working days following the receipt of a signed credit memo, which is sent to the address of the Buyer immediately following the physical receipt and a check of the goods. If the purchase price was paid in cash, the Buyer has the right to the return of the purchase price in cash in the Seller’s store in Dolní Žďár 74, 363 01 Ostrov nad Ohří, Czech Republic. The Seller has the right to reimbursement of actual expenses incurred in connection with the return of the goods. It is not possible to return the goods by Cash-on-deliver (C.O.D.) and all such deliveries will be immediately refused and returned back to the sender.
• The Buyer has the right to cancel the Order at any time without stating a reason prior to the payment of the purchase price. If Buyer cancels the order he is obligated to reimburse the Seller expenses incurred in connection with the cancellation. The Seller will claim the right to reimbursement of expenses especially in the case of a purchase of goods that were specially ordered for the Buyer or in the case when demonstrable expenses were incurred in connection to receiving the goods, such as transportation expenses and similar expenses.

7. Goods

• The colors of sofas can differ from reality (particularly due to technical reasons such as computer monitor settings, age of goods, lighting in the room, etc.).
• The Seller reserves the right to sell goods in other shades of color of leather or fabric in response to changes by manufacturer which the Seller cannot influence.
• Photos are illustrative.
• The allowed tolerance for the actual dimensions of furniture is +-5%.

8. Concluding provisions

• These Terms & Conditions are valid in the scope and version that is found on the Seller’s internet pages at the moment of sending the Order.
• By placing an order, the Buyer confirms to the Seller that he accepts the amount of the price for the ordered goods and all Terms & Conditions and other provisions that are valid at the moment of purchase.
• By sending the Order the Buyer becomes contractually bound for the period which is established for the delivery of goods. Pursuant to provision § 262, par. 1 of the Commercial Code, the parties expressly agree that, unless the conditions of purchase expressly provide otherwise, their rights and obligations are governed by the Commercial Code, particularly provisions § 409 and subsequent.
• The legal relationship between the Seller and the Buyer is governed by the laws of the Czech Republic. The court located in the district in which Seller is registered in the Commercial Register has exclusive jurisdiction in all legal conflicts arising between Buyer and Seller.
• If the Buyer is not a consumer, the provisions of Sections 5 and 6, and the provisions for Returns and allowance claims will not be used for purchases in the e-shop.
• The Terms and Conditions are an integral part of the purchase agreement.