These terms and conditions apply for purchases from the online store www.utukutu.eu, operated by Utukutu s.r.o., Dlážděná 3, Praha 1,
ICO: 07146370 VAT: CZ07146370.
These terms and conditions specify and clarify the rights and obligations of the seller and the customers (hereafter buyers).
Contact person: Gabriela Hrdina and Viktor Hrdina
All orders placed through the online store are binding. By placing an order the buyer confirms that he is familiar with these terms and conditions, including complaint conditions and agrees with them. The order is a draft of a purchase agreement. The purchase agreement originates upon receipt of ordered goods by the buyer. All the mandatory information and requirements have to be filled for the electronic order to become valid. After sending the order you will receive an email confirmation and delivery dates.
All information about the change in order status is sent to the e-mail address of the buyer which is carefully monitored by him, and any discrepancies are to be immediately reported to the seller.
- PRELIMINARY PROVISIONS
1.1. These terms and conditions govern mutual rights and obligations of contracting parties, in accordance with § 1751 paragraph. 1 of Law no. 89/2012 Coll., Civil Code (hereafter the "Civil Code"). These mutual rights and obligations arise in connection or pursuant to the purchase agreement (hereafter “purchase contract”) concluded between the seller and any other private individual (hereafter the “buyer”) through the online store of the seller.
1.2. These terms and conditions also govern the rights and obligations when using the seller’s website located on www.utukutu.eu (hereafter the “website”) and other related legal relations.
1.3. The seller and operator of the online store www.utukutu.eu is Utukutu s.r.o., Dlážděná 1491/3, Praha 1, 110 00, IČO 07146370
1.4. Provisions deriving from these terms and conditions can be agreed in the purchase contract. Divergent arrangements in the purchase contract shall prevail over the terms and conditions.
1.5. Provisions of these terms and conditions are an integral part of the purchase contract. Purchase contract and terms and conditions are written in Czech language. The purchase contract may be concluded in Czech language.
1.6. The terms and conditions may be amended by the seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of terms and conditions.
- USER ACCOUNT
2.1. Upon the buyer’s registration at the website, the buyer can access his user interface. From the user interface the buyer can order goods (hereafter “user account”). In the event that the store’s web interface allows it, the buyer can also order goods without registration directly from the store’s web interface.
2.2. The buyer is obliged to provide correct and true information when registering on the website and ordering goods. The buyer is required to update data referred to in the user account if this data changes. The seller considers the data provided by the buyer upon registering on the website and ordering goods to be correct.
2.3. Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user’s account.
2.4. The buyer shall not allow the use of a user account to third parties.
2.5. The seller may cancel a user account, especially when the account has not been used for more than 24 months, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of hardware and software, or necessary maintenance of hardware and software of third parties.
- CONClUSION OF THE PURCHASE CONTRACT
3.1. Any presentation of goods placed on the store’s web interface is informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code does not apply.
3.2. The store’s web interface contains a list of goods and products offered for sale by the seller, including the prices of individual products. Products for sale and the prices remain in force as long as they are displayed on the store’s web interface. This provision does not limit the seller to conclude a sale under individually negotiated conditions. All offers to sell goods placed on the web interface of the store are not binding and the seller is not obliged to conclude a purchase contract regarding these products.
3.3. Pictures of products are taken so that the colors correspond to reality as much as possible. The actual colors, however, may vary due to monitor settings.
3.4. The store’s web interface contains information about the costs associated with packaging and delivery. Information about the packaging costs and delivery of the goods listed on the store’s web interface applies only in cases where the goods are delivered within Czech Republic.
3.5. To order goods, the buyer fills an order form on the store’s web interface. The order form contains particular information on:
-the ordered goods (the buyer “inserts” the ordered goods into an electronic shopping cart on the store’s web interface),
-payment method of the purchase price, details on delivery and
-information about the costs associated with the delivery of goods (hereafter jointly referred to as the “delivery”).
3.6. The buyer is allowed to check and modify data that he put in the order before sending the order to the seller, as well as to detect and correct errors created during entering the data into the order. The buyer sends the order by clicking on the “ “ button. The seller considers data specified in the order from the buyer to be correct. The seller will immediately confirm the receipt of the order to the buyer’s e-mail address specified in the user’s account or in the order (hereafter “e-mail address of the buyer”).
3.7. The seller is always entitled to ask the buyer for additional confirmation of his order (such as in writing or by telephone) depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
3.8. The contractual relationship between the seller and the buyer originates by delivering the acceptance of an order. The acceptance is sent by the seller by e-mail to the e-mail address of the buyer.
3.9. The buyer agrees to the use of business communication in concluding the purchase contract. Costs incurred to the buyer when using means of business communication (such as cost of internet access, telephone costs) are covered by the buyer. These costs do not differ from the standard rate.
- PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of goods and possible shipping costs, according to the purchase contract, shall be paid by the buyer in the following ways:
- bank transfer to the seller’s account no.2501443183/2010, IBAN: CZ3720100000002501443183, BIC/SWIFT: FIOBCZPPXXX, kept by the company FIO (hereafter “Seller’s account”)
4.2. The buyer is obliged to pay the purchase price and costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with delivery of good.
4.3. The seller doesn’t require any deposit or other similar payment from the buyer. This does not violate Art. 4.6 of terms and conditions concerning the obligation to pay the purchase price ahead of delivery.
4.4. In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of goods. In case of cashless payment the purchase price is payable within 3 days from the purchase contract.
4.5. The buyer is obliged to pay the purchase price, and add the variable symbol of the payment in case of cashless payment. In case of cashless payment, the obligation to pay the purchase price is met when the appropriate amount is credited to the seller's account.
4.6. The seller is entitled to require payment of the full purchase price before sending the goods to the buyer, especially if the buyer does not provide additional confirmation of the order (Art. 3.6) The provision of § 2119 paragraph. 1 of the Civil Code shall not apply.
4.7. Possible discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. If it is customary in trade relations or if so stipulated by generally binding legal regulations, the seller will issue a tax document - invoice for the buyer regarding payments made under the purchase contract. The seller is liable for VAT. The tax document - invoice is issued by the seller after the payment of the price of goods sent by the buyer and is sent electronically to the buyer’s e-mail address.
4.9. Possible discounts on the price of goods provided by the seller to the buyer can not be combined.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that pursuant to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been adjusted according to the wishes of the buyer.
5.2. If it is not the case under Art. 5.1 and about other cases where the buyer cannot withdraw from the purchase contract, the buyer has the right to withdraw from the contract, within fourteen (14) days from receipt of goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller’s e-mail address firstname.lastname@example.org within fourteen (14) days of receipt goods.
5.3. In case of withdrawal from the purchase contract pursuant to Art. 5.2 of terms and conditions the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal. If the buyer withdraws from the contract, the buyer bears the costs of returning the goods to the seller, even in the case where the goods, due to their character, cannot be returned to the seller by the usual postal route. The goods must be returned to the seller undamaged and unused and, if possible, in the original packaging.
5.4. The seller is entitled to examine the returned goods, in particular in order to determine whether the returned goods are not damaged, used or partially used within ten (10) days from the return of goods by the buyer pursuant to Art. 5.3.
5.5. In case of withdrawal pursuant to Art. 5.2 of terms and conditions, the seller returns the funds received from the buyer within fourteen (14) days from the withdrawal, in the same way the funds were received from the buyer. The seller is also entitled to return the funds to the buyer at the time of returning goods by the buyer or otherwise, unless the buyer agrees to it and it does not create any additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received from the buyer before the buyer returns the goods to the seller or proves that the goods have been sent to the seller.
5.6. The seller is entitled to offset claims for damage to the goods against the buyer’s claim for refund of the purchase price.
5.7. The seller is entitled to withdraw from the purchase contract at any time before the receipt of good by the buyer. In this case, the seller returns the purchase price by bank transfer to an account designated by the buyer without undue delay.
- TRANSPORTATION AND DELIVERY
6.1. If the form of transport is negotiated based on a special request of the buyer, the buyer bears the risk and additional costs associated with this form of transport.
6.2. If the seller is obligated under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to accept the goods on delivery.
6.3. In the event that, for reasons caused by the buyer, the goods must be delivered repeatedly, or in any other way than stated in the order, the buyer is obliged to cover costs associated with repeated delivery of the goods, or costs associated with other delivery methods.
6.4. When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods, and in case of any defects, immediately notify the carrier. In case of finding damage to the packaging of the goods indicative of unauthorised intrusion into consignment, the buyer may not accept the delivery.
6.5. Other rights and obligations of the parties in the transport of goods can be modified by special delivery conditions of the seller, if the seller issues it.
- RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contract parties regarding the liability of the seller for defects, including the warranty liability of the seller, shall be governed by the relevant legislation (in particular the provisions of the Art. No. 89/2012 Coll.)
7.2.The seller is responsible to the buyer that the sold item is in conformity with the purchase contract and that it is free from defects. Conformity with the purchase contract means that the sold item has the quality and properties required by the purchase contract, described by the seller, manufacturer or their representative, or expected on the basis of their advertisement, or the quality and properties that are usual for these kind of goods. The seller is responsible the sold item meets the requirements of legislation, is in the correct quantity, measure or weight, and meets the purpose for which the seller describes it for, or for which matter is normally used.
7.3. The provisions referred to in Art. 7.2 of terms and conditions do not apply to defective goods sold for a lower price, for which the lower price was negotiated, the use of the goods caused by its common use, in used defective goods caused by use or wear that the goods had when receipt of the goods by the buyer or if it appears from the nature of goods.
7.4. If the goods received by the buyer are not in conformity with the purchase contract (hereafter “conflict with purchase contract”), the seller is obliged to rectify the situation in accordance with the purchase contract, either by exchanging the goods or by repairing it according to the request of the buyer. If that is not possible, the buyer may request a reasonable discount or withdraw from the purchase contract. This does not apply if the buyer knew about the conflict with the purchase contract before the receipt of goods or the buyer caused the conflict with the purchase contract. A conflict with the purchase contract which appears within six (6) months from receipt of goods, is considered a contradiction existing upon receipt of goods, if it does not contradict the nature of things or it is not proven otherwise.
7.5. The buyer is obliged to submit defective goods to the seller at his place of business, where it is possible to accept the complaint with regard to the range of sold products.
7.6. Other rights and obligations of the parties relating to the liability of the seller for defective goods may be established in the complaint procedure of the seller.
- OTHER RIGHTS AND OBLIGATIONS OF CONTRACT PARTIES
8.1. The buyer acquires ownership of the goods by paying the entire purchase price.
8.2. The seller is not bound by codes of conduct within the meaning of the Act. no. 89/2012 Coll, of the Civil Code in the relation to the buyer.
8.3. The seller is entitled to sell goods based on his business licence. Trade inspection is carried out under the authority of the Trade Office. Supervision of the protection of personal data is carried out under the authority of the Office for Personal Data Protection. Czech Trade Inspectorate carries out, within a specified range, supervision over compliance with Act no. 634/1992 Coll., on consumer protection, as amended.
- PERSONAL DATA PROTECTION
9.1. Protection of the buyer’s personal data, who is a private individual, is provided by Act no. 101/2000 Coll., on Personal Data Protection, as amended.
9.2. The buyer agrees to have this personal data processed by the seller: name and surname, address, identification number, tax identification number, e-mail address, telephone number (hereafter “personal data”).
9.3. The buyer agrees to have his personal data processed by the seller for the purpose of realization of rights and obligations under the purchase contract and for the purpose of maintaining the user account. If the buyer does not choose another option, he gives his consent to the processing of his personal data for the purpose of sending commercial messages and information by the seller. The agreement of processing personal data to the full extent is not a requirement that would make it impossible to conclude a purchase agreement.
9.4. The buyer acknowledges to be obliged to state his personal data (for registration, in his user account, when ordering from the store’s web interface) correctly and truthfully and, without any delay, inform the seller about any change in his personal data.
9.5. The seller can have the personal data of a buyer processed by an appointed third party (processor). Personal data is not passed on to any third party, except the parties transporting the goods, without prior consent of the buyer.
9.6. Personal data shall be processed for an indefinite period. Personal data shall be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the personal data is accurate and submitted voluntarily.
9.8. In case that the buyer thinks the seller or the processor (Art. 9.5) performs the processing of his personal data inconsistent with the protection of his private and personal life, or it is against the law, especially if the data is inaccurate regarding the purpose of processing, the buyer may:
9.8.1. ask the seller or the processor for an explanation,
9.8.2. require a correction of this situation from the seller or the processor.
9.9. If the buyer requests information regarding the processing of his personal data, the seller is obliged to deliver this information. The seller has the right to require a reasonable compensation not exceeding the costs necessary for providing this information pursuant to the preceding sentence.
- SENDING COMMERCIAL MESSAGES AND STORAGE OF COOKIES
10.1. The buyer agrees to receive messages related to goods sold, services provided, or to the company of the seller to the buyer’s e-mail address. The buyer also agrees to receive commercial messages from the seller, sent to the buyer’s e-mail address.
10.2. The buyer agrees with saving so called cookies on his computer. If it is possible to proceed with a purchase on the website and fulfil the buyer’s commitments agreed to in a purchase contract without saving so called cookies, the buyer can withdraw his agreement pursuant the previous sentence at any time.
11.1. Delivery of commercial messages may be sent to buyer’s e-mail address.
- FINAL PROVISIONS
12.1. if the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumers rights resulting from generally binding legislation.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision which meaning comes closest to the invalid or ineffective provision becomes valid. The invalidity or ineffectiveness of one provision does not affect validity of other provisions.
12.3. The purchase contract including the Terms and Conditions is archived by the seller in electronic form and is not accessible.
12.4. The seller’s contact detail: Utukutu s.r.o., Viktor Hrdina, Dlážděná 1491/3, 110 00 Praha 1, email@example.com, phone 00420 731 579 915 .
In Prague on May 30, 2017