The mutual rights and obligations of the User and the Operator.
Terms and Conditions Sarava Espirito amazonico s.r.o., Za vodárnou 1628/11, 182 00, Praha 8 ID: 09389628, VAT: CZ09389628 Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 335569
Bank account CZK 2601848452/2010
Fio banka a.s.
Bank account EUR 2801857273/2010
Fio banka a.s.
Payments are serviced by: PayLane sp. z o.o. which is located in Gdańsk at ul. Norwida 4, zip code: 80-280, KRS: 0000227278. ComGate Payments, a.s., Praha 7 – Holešovice, Jankovcova 1596/14a, 170 00, IČ: 279 24 505, DIČ 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 Contract, shall be governed by these Business Terms and Conditions (hereinafter referred to as the “Business Conditions”). Use of this website is subject to the following terms, 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. Therefore, make sure you read them carefully. Terms and conditions 1 Definition 1.1 In these Terms and Conditions. 1.1.1 “E-shop” means a computer program – an internet application that is available on the Internet via the Internet address www.sarava.cz, whose main function is to display, select and order goods by the User; “Purchase Agreement” means a Purchase Agreement within the meaning of Section 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 a part of the E-shop that is automatically generated by activating the respective functions by the User in the context of his / her behavior in the E-shop user environment, in particular by adding or removing the Goods and / or changing the quantity of selected Goods; 1.1.3 “Civil Code” means Act No. 89/2012 Coll., Civil Code, as amended; “Operator” means Mrs. Lucie Havlínová, IČO: 03156800, with place of business Za vodárnou 1628/11, 182 00 Praha 8; 1.1.4 “Access Data” means a unique login name and password assigned by the User to the E-shop database during Registration; 1.1.5 “Registration” means the electronic registration of the User in the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and the Access Data and their subsequent storage in the E-shop database; 1.1.6 “Consumer” means the User – a person who, in addition to his business activities or outside the scope of his own profession, concludes a Contract with the Operator or otherwise acts on it; 1.1.7 “User” means any legal or natural person using the E-shop; 1.1.8 “User Account” means the part of the E-shop that is set up by each User by Registration (ie, is unique to each User) and made available after entering Access Data; 1.1.9 “Goods” means a thing offered by the Operator for sale to the User via the E-shop and, if offered to the Goods, a license to use the Goods; 2 Pre-contract consumer information 2.1 Regarding the price of Goods and shipping costs and other charges, the following applies: The prices of the goods provided are exclusive of VAT on the website, including any statutory fees, but the cost of delivery of goods or services varies according to the method chosen and the shipping provider and method of payment. The agreed price does not include any payments, fees or other fees 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 exclusively by the User. In the event of withdrawal from the contract, the Consumer shall bear the cost of returning the Goods and, in the case of a contract concluded by means of distance communication, the cost of returning the Goods if such goods cannot be returned by their usual postal route. 2.2 If the subject of the contract is the supply of digital content that is not delivered on a tangible medium, the Consumer gives explicit consent to deliver this content before the expiry of the statutory withdrawal period. 2.3 To withdraw from the contract: 2.3.1 Under Section 1829 (1) of the Civil Code, the consumer is entitled to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods. In the event that several types of Goods or the delivery of several parts are subject to the Purchase Contract, 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 To withdraw from the contract, send it to the Operator at the address of Štěpán Bako, Elišky Peškové 12, 150 00 Praha 5. 2.3.3 The consumer is obliged to send back to the Operator without undue delay, no later than 14 days after the date of withdrawal from the given Purchase Contract, or to hand it over to the Operator’s address or registered office. The time limit shall be deemed to be maintained even if the Goods are sent to the Operator at the latest on the last day of the aforementioned period. 2.3.4 The consumer cannot withdraw from the contract: o the provision of services which the Operator has fulfilled with the prior express consent of the Consumer before the expiry of the withdrawal period; 2.3.5 The consumer is under an obligation to pay a pro rata part of the price in case of withdrawal from the contract for 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 that may be humiliated if the legal reasons are fulfilled. 2.3.7 If the Consumer withdraws from the Purchase Contract for Goods that return to the Operator damaged and / or worn out, especially if the original Goods designation (ie, plaques, stickers, etc.) is removed, the Consumer is obliged to reimburse the Operator for the costs of bringing the Goods back to their original condition. 2.3.8 For withdrawal from the contract, Consumer will use email [email protected] 2.4 The consumer is liable to the Operator for the reduction of the value of the Goods due to the handling of the goods in a manner other than that necessary to familiarize themselves with the nature and characteristics of the Goods, including its functionality. 2.5 The operator does not use the possibility of out-of-court settlement of consumer complaints. A complaint may be lodged with the supervisory or supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in a manner and under the conditions laid down in the relevant legislation. 3 Contract Conclusion Process 3.1 The E-shop offers the Operator to conclude a Purchase Contract. The offer to conclude the Purchase Contract by the Operator is to display a button labeled “Order” in the E-shop user interface. 3.2 For unconditional acceptance of the Provider’s offer to conclude the Purchase Contract pursuant to par. 3.1. of these Terms and Conditions by the User is considered a click on the given button labeled “Order”. 3.3 Unreserved acceptance of the offer under paragraph 3.2. of these Business Terms and Conditions, the Purchase Agreement is concluded. 3.4 The contract is concluded at the moment when the electronic button click information within the meaning of paragraph 3.2. The user will access 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 E-shop user environment with true and complete data, especially his e-mail address, identification data and possibly delivery address. The User acknowledges that the Provider 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 on the conclusion of the Purchase Contract, to the email address entered by the User in the relevant field in the E-shop user interface. 4 Purchase contract 4.1 By concluding the Purchase Agreement, the following provisions come into effect: 4.1.1 The User buys from the Operator the goods that the user has chosen in the E-shop user environment by entering them into the Shopping Cart in the amount that the User has chosen and / or set for the given Goods in the E-shop user environment and given goods the price that is stated in such Goods in the E-shop user interface. 4.1.2 The Operator has the right to withdraw from the Purchase Agreement until the Goods are dispatched to the User for any reason or without stating a reason. The withdrawal from the Purchase Agreement shall also include the legal actions of the Operator consisting in the notification to the User that the Goods ordered by him cannot be delivered. 4.1.3 The Operator is entitled at any time to ask the User for an additional confirmation of the order and is entitled to delay sending the Goods to the User until it receives an order confirmation from the User. 4.1.4 The way of packing the Goods is determined exclusively by the Operator; Section 2097 of the Civil Code is hereby excluded. 4.1.5 The User is obliged to pay the Operator the costs associated with the packaging and delivery of the given goods to the User in the amount specified for the given 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 E-shop user environment the method of payment of the purchase price for the Goods and possibly other financial performance to the Operator. 4.1.7 If any of the methods of payment contains information about the cost of making such a payment, the User is obliged to bear the costs of making such a payment, which are given for the given payment in the E-shop user environment. 4.1.8 In the case of cashless payment by bank transfer, the user is obliged to indicate the variable symbol determined by the Operator. 4.1.9 In the case of cashless payment, the obligation of the User to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Operator’s bank account. 4.1.10 Provozovatel má právo poskytnout Uživateli slevu z ceny Zboží. Slevy z ceny Zboží nelze vzájemně kombinovat, pokud není uvedeno výslovně jinak. 4.1.11 The purchase price for the Goods does not include any payments, fees or other remuneration 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 costs of the User. 4.1.12 The Operator reserves the ownership right to the Goods, which is the subject of the Purchase Contract, until full payment of the purchase price for the given 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 delivery deadlines specified in the E-shop user interface are for reference only. 4.1.14 The Operator will always send the User a tax document – an invoice in electronic form, to the User’s email address entered during the given order into the E-shop User Environment. 4.1.15 The Operator grants the User a warranty on the Goods, if the warranty period is specified for the given Goods in the E-shop user environment, for the period of the stated warranty period, and the guarantee is only valid for the Consumer. 4.1.16 The User is entitled to exercise the right of withdrawal from the Contract and the right of defective performance to the Operator at the correspondence address. The moment of filing a complaint is considered to be the moment when the Operator received the Goods claimed from the User. 4.1.17 The risk of loss, damage and / or destruction of the Goods that is the subject of the Purchase Contract shall pass to the User who is the Consumer at the moment of acceptance of the given Goods by the User. 5 User account 5.1 The User has the right to set up a User Account by Registration. 5.2 The User is obliged to enter Access Data before entering the User Account. 5.3 The User’s identification data entered during the Registration shall be deemed to have been entered upon the order of each Goods made by the User upon logging into his 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 precautions to keep them confidential. The User is fully responsible for unauthorized use of this access data or User Account and for damage 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 notify the Operator immediately. The Operator shall provide the User with new access data within a reasonable time. 5.5 In the case of User Registration, the conditions of Section 1752 (1) of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; will notify the User of the change via E-shop and / or by e-mail to the e-mail address of the User entered into the E-shop database. The User has the right to refuse to change the Terms and Conditions within 3 days from the first login to the User Account after notification of the change of Terms and Conditions (if delivery via E-shop) or delivery of the given e-mail message to the User’s e-mail box ) and the obligation for this reason to terminate the notice period of 3 days by which the parties agree that it is sufficient to provide similar supplies from another supplier. 6 Complaints Procedure 6.1 The Operator is liable to the Consumer that the Goods are free from defects. 6.2 If the Goods contain defects, the Consumer has the right to demand the delivery of a new Goods free of defects unless this is disproportionate to the nature of the defect, but if the defect only affects the Goods component, the Consumer may only request the replacement of that component; if this is not possible, it has the right to withdraw from the Purchase Contract. 6.3 The consumer is entitled to the delivery of a new Goods or replacement of the Goods even in the case of a removable defect if the Goods cannot be used properly for repeated occurrence of defect after repair or for a greater number of defects. In this case, the Consumer is entitled to withdraw from the Purchase Agreement. 6.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to deliver a new Goods without defects, nor to replace its part or to repair the Goods, it may require a reasonable discount. The consumer has the right to a reasonable discount even if the Operator cannot deliver new Goods without defects, replace its part or repair the Goods as well as if the Operator fails to remedy the situation within a reasonable period of time or would cause considerable difficulties to the consumer. 6.5 The consumer is not entitled to a defective performance if the Consumer knew before accepting the Goods that the Goods had a defect, or if the Consumer himself caused the defect. 6.6 Liability of the Operator for defects of the Goods does not apply to the wear and tear of the Goods caused by its usual use; , or if it results from the nature of the Goods. 6.7 If a warranty is provided for the Goods, the Consumer has the right to assume liability for defective performance within the warranty period. 6.8 Complaints about the Goods, including the removal of defects of the Goods, must be handled without undue delay, no later than 30 days from the date of the claim, if the Operator does not agree with the Consumer on a longer period. After this period, the consumer has the same rights as if he were a material breach of the Contract. 6.9 The time limit for settling a claim is settled in case the Operator has not received all the documents necessary for the settlement of the claim, until such time as the documents are delivered. 6.10 The Operator or a designated entity after a proper settlement of the claim will invite the Consumer to take over the repaired Goods. 6.11 The right to claim defects in the Goods shall be terminated in the case of improper installation or improper commissioning of the Goods, as well as in the case of improper handling, ie especially when using the Goods in conditions that do not comply with the parameters specified in the Goods documentation. 7 Personal data 7.1 In accordance with Section 5 (2) of Act No. 101/2000 Coll., On Personal Data Protection, as amended (hereinafter also referred to as the “Act”), the User hereby agrees to collect, store and process personal data provided by the User to the Administrator personal data, which is the Operator. In addition, the user agrees that personal data will be processed and used: Administrator, any contractor of the Administrator, IT Solution Manager; 7.2 The administrator is authorized to collect this User-related information: first and last name, address (billing and delivery), telephone number, e-mail address, login name and password for the user account, business transactions of the User. 7.3 This User’s consent is granted for an indefinite period. 7.4 The purpose of the processing of personal data is defined by the operator as the controller: sending business offers to the manager; marketing purposes; payment, marketing and offering other services 7.5 The User declares that I am aware of my rights under Sections 12 and 21 of the Act and declares that all data is accurate and true and is provided voluntarily. 7.6 The Operator declares that it will collect personal data to the extent necessary for the fulfillment of the stated 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 as follows: computerized via computers and computer programs; 7.8 This consent is a free and knowing expression of the will of the User as a data subject whose content is the consent of the data subject to the processing of personal data. 8 Cookies In accordance with the provision of § 89 par. 127/2005 Coll., on Electronic Communications, as amended, the Operator hereby informs the User that it processes User’s cookies, including permanent cookies, and the User hereby gives his consent. The Operator processes User Cookies to personalize content and ads, provide social media features, and analyze traffic. Operator Information on how the User E-Shop is shared with its social media, advertising and analysis partners. 9 E-shop use 9.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner foreseen by these Business Terms. 9.2 The operator has the right to change the E-shop, ie 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 period necessary for maintenance or repair of the E-shop or other reason on the part of the Operator or third party. 9.4 The User is obliged to comply with valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to fully compensate for any damages that the Operator or third parties would incur. 9.5 V případě porušení těchto Obchodních podmínek nebo Kupní smlouvy nebo platných a účinných právních předpisů má Provozovatel právo zrušit Uživatelský účet. 10 Operator’s Statement 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 may be displayed for Goods whose amount 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 for 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 for the actual purchase price and if not, 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; Operator. 10.4 Contact details of the Operator for communication with the User are listed in the E-shop user interface in the Contact section. 10.5 There are no assumptions or claims that the products or information contained on this website are available, appropriate, unlimited or legal outside the Czech Republic. Anyone who decides to access this website is entirely responsible for ensuring that the products and information are unlimited in their own country. The use of this website is at your own risk. 10.6 Pro objednání musí být zákazník ve věku 18 let nebo starší. Každá objednávka je proto považována za podanou v souladu s touto podmínkou. 11 Applicable law 11.1 These Terms and Conditions, as well as the Purchase Contract, are governed by the laws of the Czech Republic, in particular the Civil Code. 12 Efficiency 12.1 These Terms and Conditions come into effect on 10.08.2020.