Seller's Terms and Conditions
JOKER Hobby, s. r. o.
ID NO.: 09585061
(hereinafter referred to as the "Seller")
1. INTRODUCTORY PROVISIONS
These terms and conditions govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online store. By placing an order for any product displayed by the Seller for sale on the website http://www.mjmodelkits.com, the Buyer agrees to the following terms and conditions and these terms and conditions are binding on both parties. The online shop is operated by the Seller on the internet address http://www.mjmodelkits.com , through a web interface (hereinafter referred to as the "web shop interface").
The Terms and Conditions further regulate the rights and obligations of the parties when using the Seller's website located at http://www.mjmodelkits.com (hereinafter referred to as the "Website") and other related legal relations. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his business when ordering goods. Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The contract of sale may be concluded in the Czech language. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. REGISTRATION OF THE BUYER
Registration of users of the web server is voluntary. With the purchase of goods, the buyer agrees to the General Terms and Conditions of Use of the web server http://www.mjmodelkits.com. After registration, the buyer receives in an email his username and password, which is used for further login. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
3. CONCLUSION OF THE PURCHASE CONTRACT
The web interface of the shop contains a list of goods offered by the Seller for sale, including the prices of each offered good. The prices of the offered goods are listed end prices, excluding all related fees. The offer for sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. All offers for sale of goods displayed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract in respect of these goods.
The total amount of the goods and shipping costs is always displayed when finalizing each order. The web interface of the shop contains general information about the costs associated with the packaging and delivery of the goods. In order to order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about: - the goods ordered (the goods ordered are "placed" by the buyer in the electronic shopping cart of the web interface of the shop), - the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and - information about the costs associated with the delivery of the goods (hereinafter collectively referred to as "order").
Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered in the Order. The Buyer sends the order to the Seller by clicking on the "Binding order and payment" button. After the order has been sent, the Buyer will receive the order detail including the invoice to his/her email address. The data provided in the confirmed order is considered correct by the Seller and the Buyer.
Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by phone).
The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address, which the Buyer indicated during the order placement. The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, especially with persons who have previously substantially breached the Purchase Contract (including the Terms and Conditions).
The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.
4. PRICE OF THE GOODS AND PAYMENT TERMS
The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract shall be paid by the Buyer to the Seller in advance by bank transfer to the Seller's account specified in the electronic confirmation sent by email to the Buyer's email address, unless the Buyer has agreed with the Seller in advance another method of payment.
Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
In the case of payment in cash or cash on delivery, the purchase price is payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the purchase contract. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. If the buyer does not indicate the variable symbol of the payment, this payment may not be identified and may be returned to the account from which it was sent. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address or print it and attach it to the goods sent.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
The Buyer acknowledges that, in accordance with the provisions of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods modified according to the Buyer's wishes, or for goods manufactured to the Buyer's order, where the Buyer specifies his/her requirements for the manufacture of the goods, as well as goods that are subject to rapid deterioration, wear and tear or obsolescence, from a purchase contract for the supply of audio and video recordings and computer programs if the consumer has damaged their original packaging, and from a purchase contract for the supply of newspapers, periodicals and magazines.
Unless the above is the case or another case where the purchase contract cannot be withdrawn from by law, the purchaser has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of receipt of the goods by any unequivocal statement to the seller. The withdrawal may be made using the withdrawal form attached to the automatic electronic order confirmation.
In the event of withdrawal, the purchase contract is cancelled from the outset. The goods must be returned to the Seller within 10 working days of sending the withdrawal to the Seller. In the event that the Buyer breaches the obligation under the previous sentence, the Seller is entitled to a contractual penalty of 2 EUR (in words: two euros) for each day of delay, however, up to a maximum of the purchase price of the goods. This provision does not affect the right to compensation for any damage resulting from the breach of the obligation to which the contractual penalty applies, even if the damage exceeds the contractual penalty. The goods must be returned to the seller undamaged and unworn and, if possible, in their original packaging. The Seller is also entitled to unilaterally set off the claim for the contractual penalty under these Terms and Conditions against the Buyer's claim for a refund of the purchase price.
Within ten (10) days of the return of the goods by the Buyer, the Seller is entitled to examine the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage incurred. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price.
In the event of withdrawal from the contract, the Seller is obliged to return the purchase price including the costs incurred for the delivery of the goods to the Buyer without undue delay within fourteen (14) days from the delivery of the returned goods back to the Buyer, without cash to the account specified by the Buyer in the completed withdrawal form or to the account from which the goods were paid.
6. TRANSPORT AND DELIVERY OF THE GOODS
The date of delivery of the goods is indicated for each product. Unless the Seller has agreed a change of delivery date with the Buyer and has confirmed the delivery date to the Buyer in the electronic order confirmation, the Seller is obliged to meet this delivery date. The delivery date starts from the date of crediting the amount paid by the Buyer to the Seller's account, and not from the date of the Buyer's order. The method of delivery of the goods is determined by the seller, unless otherwise specified in the purchase contract. If the method of delivery is agreed upon at the request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. If the Buyer fails to take delivery of the goods, the Seller is entitled to demand a storage fee of CZK 100 (in words: One Czech Crown) and is further entitled to withdraw from the Purchase Contract.
In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods has met all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account. Further rights and obligations of the parties in the carriage of the goods may be regulated by the seller's delivery conditions.
7. LIABILITY FOR DEFECTS, WARRANTY
The rights and obligations of the parties regarding the Seller's liability for defects, including the Seller's warranty liability, are governed by the applicable generally binding regulations.
The Seller shall be liable to the Buyer for the fact that the sold item is in conformity with the Purchase Contract, in particular that it is free from defects. Conformity with the contract of sale means that the sold item has the quality and performance required by the contract, described by the seller, the manufacturer or his representative or expected on the basis of their advertising, or the quality and performance usual for the item, that it conforms to the requirements of the legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.
If the item is not in conformity with the contract of sale when taken over by the buyer (hereinafter referred to as "non-conformity with the contract of sale"), the buyer shall have the right to have the seller restore the item to the condition corresponding to the contract of sale free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the buyer; if such procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract. A conflict with the contract of sale which becomes apparent within twelve (12) months from the date of acceptance of the goods shall be deemed to have existed at the time of acceptance, unless this is contradicted by the nature of the goods or the contrary is proven.
Unless the goods are perishable or second-hand, the seller is liable for defects that manifest themselves as a breach of the contract of sale after the acceptance of the goods within the guarantee period (warranty). The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be exercised by the Buyer at the Seller's place of business.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop. The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop when using the web interface of the shop. The Shop's web interface may only be used to the extent that it does not infringe the rights of other customers of the Seller and that is consistent with its purpose.
The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the website or from the use of the website contrary to its intended use.
Out-of-court handling of consumer complaints is provided by the Seller via the following electronic address: firstname.lastname@example.org The Seller will send information on the handling of the Buyer's complaints to the Buyer's electronic address.
The out-of-court settlement itself can only be initiated on the basis of a consumer's proposal. The latter may submit the proposal within 1 year from the date on which he first exercised his right (e.g. complaint) with the seller. Upon delivery of such a proposal (with the prescribed content), the out-of-court settlement of the consumer dispute is initiated. The CTIA (or another competent body) will then notify both parties of this fact.
From the moment of notification, the seller is obliged to provide the CTIA with a statement on the facts stated in the proposal within 15 working days. On the basis of the submissions, the CTIA will then assess the entire dispute and prepare an independent and non-binding opinion which it will provide to both parties. On this basis, an agreement should be reached. The CTIA will thus not be the arbiter of the dispute - the aim of the whole process is precisely to reach a common agreement between the parties to the dispute
Internet address of the entity: www.coi.cz
9. DATA PROTECTION AND SENDING COMMERCIAL COMMUNICATIONS
The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "personal data").
The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of sending information and commercial communications to the Seller. The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.
The Seller may delegate the processing of the Buyer's personal data to a third party processor. Apart from the persons transporting the goods, the personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data. The Buyer declares that he/she has been advised that he/she may withdraw consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller's address.
In the event that the Buyer believes that the Seller or the Processor carries out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may:
ask the seller or processor for an explanation,
require the seller or processor to remedy the situation. In particular, this may include blocking, rectification, completion or destruction of the personal data. If the Buyer's request pursuant to the previous sentence is found to be justified, the Seller or Processor shall immediately remedy the defective condition.
If the seller or processor does not comply with the request, the buyer has the right to contact the Data Protection Authority directly. This provision is without prejudice to the right of the buyer to address his complaint directly to the Data Protection Authority.
If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information referred to in the preceding sentence, not exceeding the costs necessary to provide the information. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.
Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender's option). The Buyer shall be delivered to the electronic mail address indicated at registration or order conclusion.
The message is delivered:
in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
in the case of delivery by hand or by a postal service provider, by the recipient's acceptance of the parcel,
in the case of delivery in person or through a postal service provider, also by refusal to accept the item if the addressee (or, where appropriate, the person authorised to accept the item on his behalf) refuses to accept the item, in the case of delivery through a postal service operator, by the expiry of a period of ten (10) days from the deposit of the consignment and the giving of a request to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not been informed of the deposit.
11. FINAL PROVISIONS
If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
The Seller is authorised to sell goods on the basis of a trade licence and the Seller's activity is not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade authority.
If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing. The contract of sale, including the terms and conditions, shall be archived by the seller in electronic form and shall not be accessible.
In Brno on 1.1.2023