ANV Knives s.r.o.
Na Perštýně 2, 110 00 Prague 1
Business terms and conditions for sale of goods via the e-shop on the www.anvknives.com website
1. INTRODUCTORY PROVISIONS
1.1. These business terms and conditions (hereinafter referred to only as the “Business Terms and Conditions”) of the trading company ANV KNIVES s.r.o. with registered office at Na Perštýně 2, 110 00 Prague 1, Company ID No.: 05522790, VAT No.: CZ05522790 (hereinafter referred to only as the “Seller”), regulate the mutual rights and obligations of the Contracting Parties created in relation to or on the basis of a purchase contract (hereinafter referred to only as “Purchase Contract”) concluded by and between the Seller and another natural person or corporate entity (hereinafter referred to only as the “Buyer”) via the Seller’s e-shop, this being in compliance with the provisions of Section 1751 para. 1 Act No. 89/2012 Coll., Civil Code (hereinafter referred to only as the “Civil Code”). The e-shop is operated by the Seller on the website located at the address www.anvknives.com (hereinafter referred to only as the “Website”), this being via the Website interface (hereinafter referred to only as the “E-shop Web Interface”).
1.2. Provisions differing from the Business Terms and Conditions may be arranged in the Purchase Contract. Different arrangements in the Purchase Contract shall take precedence over the provisions of the Business Terms and Conditions.
1.3. The provisions of the Business Terms and Conditions constitute an integral part of the Purchase Contract. The Purchase Contract and the Business Terms and Conditions are drawn up in Czech and in English.
1.4. The Seller may alter or supplement the wording of the Business Terms and Conditions. These provisions shall not affect the rights and obligations which arose during the period of effectiveness of the previous version of the Business Terms and Conditions.
2. User account
2.1. On the basis of registration of the Buyer on the Website, the Buyer may access its user interface. The Buyer may place orders for goods from its user interface (hereinafter referred to only as “User Account”). If the E-shop Web Interface so allows, the Buyer may also order goods without registration directly from the E-shop Web Interface.
2.2. When registering on the Website and when placing orders for goods, the Buyer shall be obliged to state all details correctly and truthfully. The Buyer shall be obliged to update the details specified in the User Account in the event of any change to them. The details specified by the Buyer in the User Account and when placing an order shall be deemed to be correct by the Seller.
2.3. Access to the User Account is protected by a user name and password. The Buyer shall be obliged to preserve the confidentiality of information needed to access its User Account.
2.4. The Buyer shall not be entitled to allow any third parties to use its User Account.
2.5. The Seller may cancel the User Account, in particular if the Buyer does not use its User Account for more than 12 monts, or if the Buyer breaches its obligation arising from the Purchase Contract (including the Business Terms and Conditions).
2.6. The Buyer acknowledges that the User Account need not be available continuously, in particular in view of the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
3. Conclusion of a Purchase Contract
3.1. All presentation of goods on the E-shop Web Interface is informative in nature and the Seller shall not be obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732 para. 2 Civil Code shall not be applied.
3.2. The E-shop Web Interface contains information about goods, including specification of the prices of individual goods. Prices of goods are specified inclusive of value added tax and all related fees. Prices of goods shall remain valid over the period in which they are displayed on the E-shop Web Interface. This provision shall not restrict the possibility on the part of the Seller to conclude a Purchase Contract subject to individually agreed conditions.
3.3. The E-shop Web Interface also contains information about costs relating to packaging and delivery of goods. Information about costs relating to packaging and delivery of goods specified on the E-shop Web Interface only apply in cases when goods are delivered in the Czech Republic.
3.4. To order goods, the Buyer fills in the order form in the E-shop Web Interface. The order form in particular contains information about:
3.4.1. the ordered goods (the Buyer “adds” the ordered goods to the electronic shopping basket on the E-shop Web Interface),
3.4.2. the method of settlement of the purchase price of the goods, details about the required method of delivery of the ordered goods and
3.4.3. information about costs relating to delivery of goods (hereinafter referred to jointly only as the “Order”).
3.5. Before sending the Order to the Seller, the Buyer can check and change the details which the Buyer entered into the order, this also being to allow the Buyer to ascertain and correct any mistakes which occurred while entering data into the Order. The Buyer sends the Order to the Seller by clicking on the “Place order” or “Order” button. The details specified in the Order shall be regarded as correct by the Seller.
3.6. Sending an Order shall be regarded as action by the Buyer which clearly identifies the ordered goods, the purchase price, the identity of the Buyer and the method of settlement of the purchase price, and which is a binding draft Purchase Contract for the Contracting Parties. A condition for the validity of the Order is entry of all obligatory details in the order form, familiarisation with these Business Terms and Conditions on the Website and confirmation by the Buyer that it has familiarised itself with these Business Terms and Condition.
3.7. Without delay after receiving the Order, the Seller shall provide the Buyer confirmation of this receipt by e-mail, this being to the Buyer’s e-mail address specified in the user interface or in the Order (hereinafter referred to only as the “Buyer’s E-mail Address”).
3.8. Depending on the nature of the Order (quantity of goods, anticipated costs for transportation), the Seller shall always be entitled to ask the Buyer to provide additional confirmation of the Order (for example in writing or by telephone).
3.9. The draft Purchase Contract in the form of an Order shall be valid for fifteen days.
3.10. The contractual relationship between the Seller and the Buyer shall be created on acceptance of the Order, this being sent by the Seller to the Buyer by e-mail to the Buyer’s E-mail Address.
3.11. If the Seller is unable to meet any of the requirements specified in the Order, it shall send the Buyer a modified Order to the Buyer’s E-mail Address with specification of possible alternatives for the Order and shall ask the Buyer for its opinion.
3.12. The modified Offer shall be deemed to be a new draft Purchase Contract and the Purchase Contract shall in such a case not be concluded until acceptance by the Buyer by e-mail.
3.13. The Buyer agrees to use of remote means of communication while concluding the Purchase Contract. Costs incurred by the Buyer while using remote means of communication in relation to conclusion of the Purchase Contract (costs for an internet connection, costs for telephone conversations) shall be settled by the Buyer itself, whereas these costs are no different from the basic rate.
4. Price of goods and Payment conditions
4.1. The price of goods and any possible costs relating to delivery of goods pursuant to the Purchase Contract may be settled by the Buyer in the following ways:
4.1.1. in cash at the Seller’s business premises at the address: ANV KNIVES s.r.o. Pražská 716/24, 676 02 Moravské Budějovice or ANV KNIVES s.r.o. Na Perštýně 2, 110 00 Prague 1
4.1.2. cash on delivery at the location determined by the Buyer in the Order;
4.1.3. by cashless transfer to the Seller’s bank account
4.1.4. in a cashless manner via a payment system;
4.1.5. in a cashless manner using a payment card;
4.2. Together with the purchase price, the Buyer shall be obliged to also pay the Seller costs relating to packaging and delivery of goods in the contractually agreed amount. Unless explicitly determined otherwise, the purchase price shall hereinafter be understood to also include costs relating to delivery of goods.
4.3. The Seller shall not request any deposit or other similar payment from the Buyer. This shall not affect the provisions of art. 4.6 of the Business Terms and Conditions with regard to the obligation to settle the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of cash on delivery, the purchase price shall be payable on acceptance of goods. In the case of cashless payment, the purchase price shall be payable within 5 days of conclusion of the Purchase Contract.
4.5. In the case of cashless payment, the Buyer shall be obliged to pay the purchase price of the goods together with specification of the variable symbol for the payment. In the case of cashless payment, the obligation of the Buyer to pay the purchase price shall be met at the moment of crediting of the respective amount to the Seller’s account.
4.6. The Seller shall be entitled, in particular if the Buyer does not provide additional confirmation of the Order (art. 3.6), to require settlement of the whole purchase price before sending the goods to the Buyer. The provisions of Section 2119 para. 1 Civil Code shall not be applied.
4.7. Any discounts on the price of goods which may be provided by the Seller to the Buyer cannot be mutually combined.
4.8. If usual in commercial transactions or if so determined by the generally binding legislation, the Seller shall issue the Buyer a tax document – invoice regarding payments made on the basis of the Purchase Contract. The Seller is a VAT payer. The Seller shall issue the Buyer the tax document – invoice after payment of the price of the goods and send it to the Buyer’s E-mail Address in electronic format.
5. Withdrawal from the Purchase Contract
5.1. The Buyer takes due note of the fact that in accordance with the provisions of Section 1837 Civil Code, it is among other things not possible to withdraw from a Purchase Contract:
5.1.1. concerning delivery of goods, the price of which depends on fluctuations in the financial market independently of the will of the Seller and which could occur during the deadline for withdrawal from the Contract,
5.1.2. concerning delivery of alcoholic drinks which may not be delivered until after expiry of a period of thirty days and the price of which depends on fluctuations in the financial market independent of the will of the Seller,
5.1.3. concerning delivery of goods which were modified at the request of the Buyer or for the Buyer,
5.1.4. concerning delivery of perishable goods, as well as goods which were irrevocably mixed with other goods after delivery,
5.1.5. concerning delivery of goods in sealed packaging which the Buyer removed from the packaging and which cannot be returned to the packaging on hygiene grounds,
5.1.6. concerning delivery of audio or video recordings or computer software if the original packaging has been opened,
5.1.7. concerning delivery of newspapers, periodicals and magazines,
5.1.8. concerning delivery of digital content, unless delivered on physical media and delivered with the prior explicit consent of the Buyer before expiry of the deadline for withdrawal from the contract and the Seller notified the Buyer before conclusion of the contract that in such a case, it shall not be entitled to withdraw from the contract.
5.2. Unless this concerns a case specified in art. 5.1 or other case when it is not possible to withdraw from the Purchase Contract, the Buyer shall, in compliance with the provisions of Section 1829 para. 1 Civil Code, be entitled to withdraw from the Purchase Contract, this being within fourteen (14) days of receipt of the goods, whereas if the subject of the Purchase Contract is constituted by several types of goods or delivery of several parts, this deadline shall begin on the date of receipt of the last delivery of goods. Notice of withdrawal from the Purchase Contract must be sent to the Seller within the deadline specified in the previous sentence.
5.3. The Buyer may use the specimen form provided by the Seller for withdrawal from the Purchase Contract, this constituting an appendix to the Business Terms and Conditions. The Buyer may, among other things, send notice of withdrawal from the Purchase Contract to the address of the Seller’s business premises or registered office. The provisions of art. 11 of these Business Terms and Conditions shall apply to delivery of notice of withdrawal from the contract.
5.4. In the event of withdrawal from the Purchase Contract in accordance with art. 5.2 of the Business Terms and Conditions, the Purchase Contract shall be terminated ex tunc. Goods must be returned to the Seller within fourteen (14) days from the moment of withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear costs relating to return of goods to the Seller, even if goods cannot be returned in the regular manner by post due to their nature.
5.5. In the event of withdrawal from the contract pursuant to art. 5.2 of the Business Terms and Conditions, the Seller shall refund money received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract by the Buyer, this being in the same manner in which the Seller received such money from the Buyer. The Seller shall also be entitled to already return performance provided by the Buyer on return of the goods by the Buyer or in another manner, if the Buyer agrees to this an no further costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return money received to the Buyer until the Buyer returns the goods or proves that it has sent the goods to the Seller.
5.6. The Seller shall be entitled to unilaterally set off entitlement to compensation for damage caused to goods against entitlement on the part of the Buyer to refunding of the purchase price.
5.7. Until the moment of acceptance of the goods by the Buyer, the Seller shall be entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller shall refund the purchase price to the Buyer without unnecessary delay, this being in a cashless manner to the account determined by the Buyer.
5.8. If the Buyer is provided a gift together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition subsequent that if the Buyer withdraws from the Purchase Contract, the gift contract relating to this gift shall lose its effectiveness and the Buyer shall be obliged to also return the gift provided together with the goods to the Seller.
6. Transportation and delivery of goods
6.1. If the method of delivery is contractually agreed on the basis of special request by the Buyer, the Buyer shall bear any possible risk and additional costs which may arise in relation to this method of delivery.
6.2. If the Seller is obliged, in accordance with the Purchase Contract, to deliver goods to a location determined by the Buyer in the Order, the Buyer shall be obliged to accept goods on delivery.
6.3. If for reasons lying on the side of the Buyer it is necessary to deliver goods repeatedly or in a different manner than that specified in the Order, the Buyer shall be obliged to provide reimbursement of costs relating to repeated delivery of goods, or costs relating to a different method of delivery.
6.4. On acceptance of goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging of the goods and in the event of any defects whatsoever, to immediately inform the carrier of this. If interference with the packaging is found indicating unauthorised opening of the consignment, the Buyer need not accept the consignment from the carrier.
7. Rights from arising from defective performance
7.1. The rights and obligations of the Contracting Parties regarding rights from defective performance shall be governed by the respective generally binding legislation (in particular the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 Civil Code).
7.2. The Seller shall be liable to the Buyer for the goods being free from defects on acceptance. The Seller shall in particular be liable to the Buyer for ensuring that at the moment when the Buyer accepted the goods:
7.2.1. the goods exhibit the properties which the parties agreed on, and if no such agreement exists, that the goods exhibit such properties which the Seller or the manufacturer described or which the Buyer expected in view of the nature of the goods and on the basis of advertising performed by the Seller of the manufacturer,
7.2.2. the goods are suitable for the purpose which the Seller stipulates as their purpose or which goods of this type are usually used for,
7.2.3. the goods correspond to the quality or design of the contractually agreed specimen or pattern, if quality or design was determined in accordance with a contractually agreed specimen or pattern,
7.2.4. the goods are provided in the appropriate quantity, scope or weight and
7.2.5. the goods comply with the requirements of the legislation.
7.3. The provisions specified in art. 7.2 of the Business Terms and Conditions shall not be applied, in the case of goods sold at a lower price, to a defect which was the reason for arrangement of the lower price, to wear and tear of goods caused by their regular use and in the case of used goods, to a defect corresponding to the level of use or wear and tear which the goods exhibited at the moment of acceptance by the Buyer, or if this arises from the nature of the goods.
7.4. If a defect exhibits itself over the course of six months from acceptance, it shall be understood that the goods were already defective at the moment of acceptance.
7.5. The Buyer shall exercise rights from defective performance with the Seller at the address of its business premises in which acceptance of claims is possible in view of the range of goods sold, or at the Seller’s registered office or place of business. The moment when the Seller received the goods being claimed from the Buyer for shall be regarded as the moment the claim is exercised.
7.6. Other rights and obligations of the parties relating to liability on the part of the Seller for defects may be regulated for by the Seller’s claims procedure.
8. Other rights and obligations of the Contracting Parties
8.1. The Buyer shall acquire ownership of the goods by payment of the purchase price for the goods in full.
8.2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826 para. 1 e) Civil Code.
8.3. Out-of-court settlement of consumer complaints shall be ensured by the Seller via the e-mail address email@example.com. The Seller shall send information about handling of the Buyer’s complaint to the Buyer’s E-mail Address.
8.4. The Seller is authorised to sell goods on the basis of a trade licence. Trade licencing inspection shall be performed by the Trade Licencing Authority within the framework of its sphere of competence. Supervision over the field of personal data protection shall be performed by the Office for the Protection of Personal Data. The Czech Trade Inspection Authority shall, among other things and within the determined scope, perform supervision of compliance with Act No. 634/1992 Coll., on Consumer protection, as amended.
8.5. The Buyer hereby assumes risk of change in circumstances within the meaning of Section 1765 para. 2 Civil Code.
9. Protection of personal data
9.1. Protection of the personal data of the Buyer if the Buyer is a natural person is provided by Act No. 101/2000 Coll., on Personal data protection, as amended.
9.2. The Buyer agrees to processing of the following items of its personal data: name and surname, address, identification number, VAT number, e-mail address and telephone (hereinafter referred to jointly only as “Personal Data”).
9.3. The Buyer consents to processing of Personal Data by the Seller, this being for the purpose of exercising the rights and meeting the obligations arising from the Purchase Contract and for the purpose of administration of the User Account. If the Buyer does not choose any other option, it also agrees to processing of Personal Data by the Seller for the purpose of sending information and commercial messages to the Buyer. Consent to processing of Personal Data within the whole framework of this article is not a condition which in itself would make conclusion of a Purchase Contract impossible.
9.4. The Buyer takes due note of the fact that it is obliged to state its Personal Data (during registration, in its User Account, when placing an Order from the E-shop Web Interface) correctly and truthfully and that it is obliged to inform the Seller of any change to its Personal Data without unnecessary delay.
9.5. The Seller may commission a third party to process the Buyer’s Personal Data as a processor. Apart from parties transporting goods, Personal Data shall not be handed over by the Seller to third parties without the prior consent of the Buyer.
9.6. Personal Data shall be processed for an indefinite period. Personal Data shall be processed in electronic format in an automated manner or in printed format in a non-automated manner.
9.7. The Buyer confirms that the Personal Data provided is precise and that it was informed of the fact that this concerns voluntary provision of Personal Data.
9.8. If the Buyer were to believe that the Seller or the processor (art. 9.5) is processing its Personal Data at variance with protection of the private and personal life of the Buyer or at variance with the law, in particular if Personal Data is imprecise in view of the purpose of its processing, it may:
9.8.1. request that the Seller or processor explain this state of affairs,
9.8.2. request that the Seller or processor remedy such a state of affairs which has arisen.
9.9. If the Buyer requests information about processing of its Personal Data, the Seller shall be obliged to provide such information to it. The Seller shall be entitled to request reasonable reimbursement for provision of information pursuant to the previous sentence, not exceeding the level of costs necessary for provision of information.
10. Sending of commercial messages and saving of cookies
10.1. The Buyer agrees to sending of information relating to goods, services or the business of the Seller to the Buyer’s E-mail Address and also agrees to sending of commercial messages by the Seller to the Buyer’s E-mail Address.
10.2. The Buyer agrees to saving of so-called cookies on its computer. If a purchase on the Website can be made and the obligations of the Seller arising from the Purchase Contract met without so-called cookies being saved on the Buyer’s computer, the Buyer may retract its consent as specified in the previous sentence at any time.
11.1. Notices relating to the relations between the Seller and the Buyer, in particular relating to withdrawal from the Purchase Contract must be delivered by post in the form of a registered letter, unless determined otherwise in the Purchase Contract. Notices shall be delivered to the respective postal address of the other party and shall be deemed to have been delivered and effective at the moment of its delivery by the post office, with the exception of notice of withdrawal from the contract given by the Buyer, when withdrawal shall be effective if notice is sent by the Buyer within the deadline for withdrawal.
11.2. A notice, acceptance of which was refused by the recipient, which was not collected during the period of its storage or which was returned as undeliverable shall also be deemed to have been delivered.
11.3. The Contracting Parties may deliver regular correspondence to each other by e-mail, this being to the e-mail addresses specified in the Buyer’s User Account or specified by the Buyer in the Order, or to an address specified on the Seller’s Website.
12. Final provisions
12.1. If the relationship established by the Purchase Contract contains in international (foreign) element, the Parties agree that the relationship shall be governed by Czech law. This shall not affect the rights of the consumer arising from the binding legislation.
12.2. If any of the provisions of the Business Terms and Conditions are invalid or ineffective, or if they become so, a provision shall be used instead of the invalid provision, the meaning of which is a close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and supplementations to the Purchase Contract or Business Terms and Conditions must be made in writing.
12.3. The Purchase Contract, including the Business Terms and Conditions, shall be archived by the Seller in electronic format and is not accessible.
12.4. A specimen form for withdrawal from the Purchase Contract constitutes an appendix to the Business Terms and Conditions.
12.5. Contact details for the Seller
ANV KNIVES s.r.o. Na Perštýně 2, 110 00 Prague 1, Czech Republic, firstname.lastname@example.org, +420 735 751 750