Mutual rights and obligations of the User and the Operator.

Terms and conditions

The operator of the online eshop SARAVA.cz

Sarava s.r.o.,
Za vodárnou 1628/11, 182 00, Praha 8
ID No.: 19534850, VAT: CZ19534850
Registered in the Commercial Register, maintained by the Municipal Court in Prague, Section C, Insert 335569.

We are VAT payers.

Bank account CZK 3299344003/5500
Raiffeisenbank a.s.

Bank account EUR
IBAN: CZ3555000000003299344003
SWIFT/BIC: RZBCCZPP
Raiffeisenbank a.s.

Payment gateway providers:
ComGate Payments, a.s., with registered office in Prague 7 - Holešovice, Jankovcova 1596/14a, 170 00, ID: 279 24 505, VAT CZ27924505,
Stripe, 510 Townsend Street, San Francisco, CA 94103, USA, Attention: Stripe Legal,

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").

The use of this website is subject to the terms and conditions set out below, whether for historical, scientific or educational purposes or for ordering products. This means that when you visit or shop in Sarava, you agree to these terms and conditions. Therefore, be sure to read them carefully.

Content:

Terms and conditions

Definition of
Pre-contractual information for Consumers
Process of concluding the Contract
Purchase Contract
User Account
Complaints Procedure
Personal data
Cookies
Use of the E-shop
Statement of the Operator
Applicable law
Effectiveness

Terms and conditions

1 Definitions

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 https://sarava.cz , whose main functionality is the display, selection and ordering of goods by the User;

"Purchase Contract" means a purchase contract within the meaning of § 2079 et seq. of the Civil Code concluded between the Operator, as the Seller, and the User, as the Buyer, via the E-shop;

1.1.2 "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/her 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;

1.1.3 "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended;
"Operator" means Sarava s.r.o., ID No.: 19534850 , with its place of business at Za vodárnou 1628/11, 182 00 Prague 8;

1.1.4 "Access Data" means the unique login name and associated password entered by the User into the E-shop database during Registration;

1.1.5 "Registration" means the electronic registration of the User to 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;

1.1.6 "Consumer" means a User - a person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, enters into a Contract with the Operator or otherwise deals with the Operator;

1.1.7 "User" means any legal or natural person who uses the E-shop;

1.1.8 "User Account" means the part of the E-shop that is set up for each User by Registration (i.e. is unique for each User) and made available after entering the Access Data;

1.1.9 "Goods" means the item offered by the Operator for sale to the User via the E-shop and, if offered, the license to use the item.

2 Information for Consumers before the conclusion of the contract

2.1 With respect to the price of the Goods and the cost of shipping and other charges, the following applies:
The prices of the Goods provided on the Website are exclusive of VAT, including any charges provided for by law, however, the cost of delivery of the Goods or services varies according to the method and provider of transport chosen and the method of payment. The agreed price does not include any payments, fees or other charges that the User has to 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.
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 these goods cannot be returned by the usual postal route 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 gives explicit consent to the delivery of such content before the expiry of the statutory withdrawal period.

2.3 Withdrawal from the Contract:
2.3.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, in accordance with 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 Withdrawal from the contract should be sent at your own expense to the Operator at the address Štěpán Bako, Elišky Peškové 12, 150 00 Prague 5.

2.3.3 The Consumer is obliged to send it back to the Operator without undue delay, no later than 14 days from the date of withdrawal from the given Purchase Contract, or to hand them over to the address of the Operator's premises or registered office. The deadline is considered to be maintained even if the Goods are sent to the Operator no later than the last day of the above period.

2.3.4 The Consumer cannot withdraw from the contract:
for the provision of services that the Operator has fulfilled with the prior express consent of the Consumer before the expiration of the withdrawal period;
for the delivery of a product that has deteriorated by opening the packaging;

2.3.5 The consumer is obliged to pay a proportional part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun.

2.3.6 If the Consumer withdraws from the Purchase Contract, he is obliged to provide in writing his bank account number for the refund of the purchase price for the Goods, which may be humiliated if the legal reasons for doing so are met.

2.3.7 If the Consumer withdraws from the Purchase Contract in respect of Goods that are returned to the Operator damaged and/or worn, especially if the original markings of the Goods (i.e. signs, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for the costs of restoring the Goods to their original condition.

2.3.8 To withdraw from the Contract, the Consumer shall use email [email protected] or telephone number +420603457732.

2.4 The Consumer is liable to the Operator for the decrease 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 use the possibility of out-of-court settlement of consumer complaints. It is possible to turn to a supervisory authority or state supervision. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions laid down by the relevant legal regulations.

3 The process of concluding the Contract

3.1 The Operator offers the Users to conclude the Purchase Contract through the E-shop. The Operator's offer to conclude the Purchase Contract is the display of a button marked " Order binding payment " in the user interface of the E-shop.

3.2 Clicking on the button marked " Order binding payment ".

3.3 Unconditional acceptance of the offer pursuant to para. 3.2. of these Terms and Conditions, the Purchase Agreement is concluded.

3.4 The Contract is concluded at the moment when the electronic information about the click on the button within the meaning of para. 3.2. 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 information, in particular truthfully with his e-mail address, identification data and, if applicable, the delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not entitled to check the entered data.

3.6 The Operator shall 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 relevant field in the User Environment of the E-shop.

4 Purchase contract

4.1 Upon conclusion of the Purchase Agreement, the following provisions come into effect:

4.1.1 The User purchases from the Operator the Goods that the User has chosen in the E-shop user interface by placing them in the Shopping Cart, in the amount that the User has chosen and/or set for the goods in the E-shop user interface and the User undertakes to pay the Operator the price specified in such Goods in the E-shop user interface for the goods.

4.1.2 The Operator has the right to withdraw from the Purchase Contract until the Moment of Sending the Goods to the User, for any reason or without giving any reason. Withdrawal from the Purchase Contract is also considered to be a legal act 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 at any time for additional confirmation of the order and until he receives the order confirmation from the User, he is entitled to delay the sending of the Goods to the User.

4.1.4 The method of packing the Goods is determined exclusively by the Operator; The provisions of Section 2097 of the Civil Code are hereby excluded.

4.1.5 The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User in the amount specified for the given order in the User Environment of the Portal.

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 possibly other monetary performance to the Operator.

4.1.7 If any of the payment methods contains information about the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are specified for the payment in the user interface of the E-shop.

4.1.8 In the case of cashless payment by bank transfer, the User is obliged to provide a variable symbol specified by the Operator.

4.1.9 In the case of cashless payment, the User's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount 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 with each other, unless expressly stated otherwise.

4.1.11 The purchase price for the Goods does not include any payments, fees or other rewards that the User must incur on 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 ownership of the Goods, which are the subject of the Purchase Agreement, until the full payment of the purchase price for the Goods by the User.

4.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Contract. All deadlines for delivery of the Goods specified in the user interface of the E-shop are only indicative.

4.1.14 The Operator shall always send the User a tax document – invoice in electronic form to the User's e-mail address entered during the order in the E-shop User Environment.

4.1.15 The Operator provides the User with a warranty for the Goods if the warranty period is specified for the Goods in the E-shop user interface, for the duration of the warranty period, whereas the warranty stated in this way applies only to the Consumer.

4.1.16 The User is entitled to exercise the right to withdraw from the contract and the rights from defective performance with the Operator at the correspondence address. The moment of making a claim is considered to be the moment when the Operator received the claimed Goods from the User.

4.1.17 The risk of loss, damage and/or destruction of the Goods that are the subject of the Purchase Agreement passes to the User, who is the Consumer, at the moment of receipt of the goods by the User.

5 User account

5.1 The User has the right to set up 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 when ordering each Good that the User makes after logging into their User Account.

5.4 The User may not provide third parties with Access Data or any other access to the User Account. The user is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for damage thus caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to inform the Operator of this fact without delay. The Operator shall provide the User with new access data within a reasonable period of time.

5.5 In the case of User Registration, the conditions of the provision are fulfilled. § 1752 para. 1 of the Civil Code and the Operator is entitled to unilaterally change these Terms and Conditions; notify the User of the change through the E-shop and/or by e-mail message 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 Account after notification of the change in the Terms and Conditions (if delivery is through the E-shop) or from the delivery of the given e-mail message to the User's mailbox (if delivered by e-mail) and the obligation for this reason to terminate the obligation within a notice period of 3 days, which the contracting parties consistently state, that it is sufficient to procure similar services from another supplier.

6 Complaints Procedure

6.1 The Operator is liable to the Consumer that the Goods are free of defects upon receipt.

6.2 If the Goods contain defects, the Consumer has the right to request the delivery of new Goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the Goods, the Consumer may only request the replacement of the part; if this is not possible, he has the right to withdraw from the Purchase Contract.

6.3 The Consumer has the right to the delivery of new Goods or the replacement of a part even in the case of a removable defect, if he cannot properly use the Goods due to the repeated occurrence of the defect after repair or for a greater number of defects. In such a 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 the delivery of new Goods without defects, or to the replacement of their part or to the repair of the Goods, he may request a reasonable discount. The Consumer has the right to a reasonable discount even if the Operator cannot deliver new Goods without defects, replace their part or repair the Goods, as well as if the Operator fails to remedy the situation within a reasonable time or if the remedy would cause significant difficulties for the Consumer.

6.5 The right of defective performance does not belong to the Consumer if the Consumer knew before taking over the Goods that the Goods had a defect or if the Consumer himself caused the defect.

6.6 The Operator's liability for defects in the Goods does not apply to wear and tear of the Goods caused by their normal use, in the case of Goods sold at a lower purchase price to a defect for which a lower purchase price was agreed, in the case of used Goods to a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Consumer, or if this results from the nature of the Goods.

6.7 If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance within the warranty period.

6.8 Complaints about the 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 has the same rights as if it were a material breach of the Contract.

6.9 The period for settling the complaint is suspended if the Operator has not received all the documents necessary for the settlement of the complaint until the documents are delivered.

6.10 The Operator or an entity designated by the Operator shall, after the proper settlement of the complaint, invite the Consumer to take over the repaired Goods.

6.11 The right to exercise the rights arising from defects of the Goods expires in the event of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the case of improper handling of the Goods, i.e. especially when using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.

7 Personal data

7.1 The User hereby agrees to the collection, storage and processing of the personal data provided by the User to the data controller, which is the Operator, in accordance with Section 5(2) of Act No. 101/2000 Coll., on the protection of personal data, as amended (hereinafter referred to as "the Act").
The User further agrees that the personal data may be processed and used by:
the Administrator;
any employee of the Administrator;
any contractual partner of the Administrator;
the IT solution administrator ;

7.2 The Controller is entitled to collect the following data concerning the User:
name and surname,
address (billing and delivery),
telephone number,
e-mail address,
login name and password to the user account,
business transactions of the User.

7.3 This consent of the User is granted for an indefinite period.

7.4 The Operator, as the controller, has a stated purpose for processing personal data:
sending commercial offers of the controller;
marketing purposes;
payment, marketing and offering other services,

7.5 The User declares that I am aware of my rights under the provisions of the Act. § 12 and § 21 of the Act and declares that all data are accurate and true and are provided voluntarily.

7.6 The Operator declares that it will collect personal data to the extent necessary to fulfil the above-mentioned purpose and process them only in accordance with the purpose for which they were collected.

7.7 The Operator declares that it will process personal data in the following way:
by machine (automated) through computers and computer programs;
in written form;

7.8 This consent is a free and conscious expression of the User's will as a data subject, the content of which is the data subject's consent to the processing of personal data.

8 Cookies

In accordance with the provisions of Section 89(3) of Act No. 127/2005 Coll., on Electronic Communications, as amended, the Operator hereby informs the User that it processes the User's cookies, including persistent cookies, and the User consents to this.
The consent under the preceding paragraph is granted for a period of 12 months.
The Operator processes the User's cookies to personalize content and advertisements, to provide social media functions and to analyze traffic. The Operator shares information about the User's use of the E-shop with its social media, advertising and analytics partners.

9 Use of the E-shop

9.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner foreseen by these Terms and Conditions.

9.2 The Operator has the right to change the E-shop, i.e. its technical solution and/or user interface.

9.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time strictly necessary for reasons of maintenance or repair of the E-shop or other reason on the part of the Operator or a third party.

9.4 When using the E-shop, the User is obliged to comply with the valid and effective legal regulations of the Czech Republic and the European Community. The User is obliged to compensate for any damage that would be incurred by the Operator or third parties in full.

9.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.

10 Operator's declaration

10.1 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.

10.2 Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which grossly does not 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, contacts the User and informs 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 Contract is canceled from the beginning.

10.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression as a result of their transfer 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 doubt contact the Operator.

10.4 The Operator's contact details for communication with the User are listed in the E-shop user interface in the Contact section.

10.5 There are no assumptions or representations that the products or information provided on this website are available, appropriate, unrestricted or legal outside of the Czech Republic. Anyone who chooses to access this website is entirely responsible for ensuring that the products and information listed are not limited in their own country. Use of this website is at your own risk.

10.6 To order, the customer must be 18 years of age or older. Therefore, each order is considered to have been placed in accordance with this condition.

11 Governing Law

11.1 These Terms and Conditions, as well as the Purchase Agreements, are governed by the laws of the Czech Republic, in particular the Civil Code.

12 Efficiency

12.1 These Terms and Conditions shall come into force on 1.10.2023.