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    Terms and conditions

    I. Basic Provisins

    1. These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “the Civil Code”).

    • Papírna Stationery s.r.o.
    • IČ: 03454011
    • DIČ: CZ03454011
    • registered office: Dělnická 1020/54, 17000 Praha 7
    • registered in the Municipal Court in Prague, Section C, File 231914
    • info@papirna.cz
    • +420 252 547 452
    • www.papirna.cz

    (hereinafter referred to as “the seller”)

    2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as “the buyer”), through the web interface located on the website available at www.papirna.cz (hereinafter referred to as “the online store”).

    3. The provisions of the terms and conditions form an integral part of the purchase contract. Any differing arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

    4. These terms and conditions and the purchase contract are concluded in the Czech language.

    II. Information about goods and prices

    1. Information about the goods, including the prices of individual items and their main characteristics, is provided for each product in the online store’s catalogue. The prices of the goods are listed including value‑added tax, all related fees, and the costs of returning the goods if, by their nature, they cannot be returned by ordinary postal means. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not prevent the conclusion of a purchase contract under individually agreed conditions.

    2. All presentation of goods displayed in the online store’s catalogue is for informational purposes only, and the seller is not obliged to conclude a purchase contract for this goods.

    3. Information about the costs associated with packaging and delivering the goods is published in the online store. The information regarding packaging and delivery costs listed in the online store applies only when the goods are delivered within the territory of the Czech Republic.

    4. Possible discounts on the purchase price cannot be combined unless the seller and the buyer agree otherwise.

    III. Order and conclusion of the purchase contract

    1. The costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the buyer. These costs do not differ from the standard rate.

    2. The buyer places an order for goods in the following ways:

    • through their customer account, if they have previously registered in the online store
    • by completing the order form without registration

    3. When placing an order, the buyer selects the goods, the quantity, the method of payment, and the method of delivery.

    4. Before submitting the order, the buyer is allowed to check and modify the information they have entered. The buyer sends the order to the seller by clicking the “Submit Order” button. The information provided in the order is considered correct by the seller. A condition for the order’s validity is the completion of all required fields in the order form and the buyer’s confirmation that they have read these terms and conditions.

    5. The seller immediately sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is automatic and is not considered a contract. The confirmation includes the seller’s current terms and conditions. The purchase contract is concluded only after the seller accepts the order. The notice of acceptance is delivered to the buyer’s email address.

    6. If the seller cannot meet any of the requirements stated in the order, they will send the buyer a revised offer to the email address provided by the buyer. The revised offer is considered a new proposal for a purchase contract, and in such a case, the purchase contract is concluded once the buyer confirms acceptance of this offer by sending their confirmation to the seller’s email address specified in these terms and conditions.

    7. All orders received by the seller are binding. The buyer may cancel the order until the notice of acceptance of the order by the seller has been delivered to the buyer. The buyer may cancel the order by sending an email to the seller’s email address specified in these terms and conditions.

    8. In the event that an obvious technical error occurs on the seller’s side when listing the price of goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if the buyer has already received an automatic confirmation of receipt of the order according to these terms and conditions. The seller shall inform the buyer of the error without undue delay and send a revised offer to the buyer’s email address. The revised offer is considered a new proposal for a purchase contract, and in such a case, the purchase contract is concluded once the buyer confirms acceptance by sending their confirmation to the seller’s email address.

    IV. Customer account

    1. Based on the buyer’s registration completed in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer may also order goods without registration.

    2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer must update the information in the user account whenever any changes occur. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.

    3. Access to the customer account is secured by a username and password. The buyer is obliged to keep confidential all information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.

    4. The buyer is not authorized to allow third parties to use the customer account.

    5. The seller may cancel the user account, especially if the buyer has not used their account for an extended period, or if the buyer violates their obligations under the purchase contract or these terms and conditions.

    6. The buyer acknowledges that the user account may not be continuously available, especially due to necessary maintenance of the seller’s hardware and software, or the hardware and software of third parties.

    V. Payment terms and delivery of goods

    1. The buyer may pay the price of the goods and any costs associated with delivery under the purchase contract using the following methods:

    • by bank transfer to the seller’s account No. 5842824359/0800 held with Česká spořitelna,
    • cash on delivery upon handover of the goods
    • in cash or by payment card when collecting the goods in person at the premises
    • in cash or by payment card when collecting the goods in person at a Zásilkovna pickup point

    2. The buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount together with the purchase price. Unless expressly stated otherwise, the purchase price is understood to also include the costs associated with the delivery of the goods.

    3. In the case of payment in cash, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 3 days of concluding the purchase contract.

    4. The buyer shall follow the instructions of the respective electronic payment provider when paying via a payment gateway.

    5. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s bank account.

    6. The seller does not require the buyer to pay any advance or similar payment beforehand. Payment of the purchase price before the goods are dispatched is not considered an advance.

    7. According to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online, or in the event of a technical outage, no later than within 48 hours.

    8. The goods are delivered to the buyer:

    • to the address specified by the buyer in the order
    • via a parcel pickup point to the pickup address selected by the buyer
    • by personal pickup at the seller’s premises

    9. The delivery method is selected during the ordering process.

    10. The costs of delivering the goods, depending on the method of dispatch and receipt, are stated in the buyer’s order and in the seller’s order confirmation. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with that method of transport.

    11. If, under the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, for reasons on the buyer’s side, it becomes necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to cover the costs associated with repeated delivery or the costs associated with the alternative delivery method.

    12. When receiving the goods from the carrier, the buyer is obliged to check that the product’s packaging is intact, and in the event of any defects, to report this to the carrier without delay. If the buyer discovers damage to the packaging indicating unauthorized tampering with the shipment, they are not required to accept the shipment from the carrier.

    13. The seller issues a tax document – an invoice – to the buyer. The tax document is sent to the buyer’s email address.

    14. The buyer acquires ownership of the goods upon payment of the full purchase price, including delivery costs, but not before taking possession of the goods. Responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment the goods are received, or at the moment the buyer was obliged to take delivery but failed to do so in breach of the purchase contract.

    VI. Withdrawal from the Contract

    1. A buyer who has concluded a purchase contract outside the scope of their business activity as a consumer has the right to withdraw from the purchase contract.

    2. The period for withdrawing from the contract is 14 days.

    • from the day the goods are received,
    • from the day the last delivery of goods is received, if the contract consists of several types of goods or the delivery of several parts
    • from the day the first delivery of goods is received, if the contract concerns regular repeated delivery of goods

    3. The buyer may not, among other things, withdraw from the purchase contract:

    • provision of services, if they have been performed with the buyer’s prior explicit consent before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case they would not have the right to withdraw from the contract
    • for the supply of goods or services whose price depends on fluctuations in the financial market beyond the seller’s control and which may occur during the withdrawal period
    • for the delivery of alcoholic beverages which can be supplied only after thirty days and whose price depends on fluctuations in the financial market beyond the seller’s control
    • for the supply of goods that have been customised according to the buyer’s wishes or for their person
    • for the supply of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery
    • for the supply of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygiene reasons
    • for the supply of an audio or video recording or computer program, if its original packaging has been breached
    • for the supply of newspapers, periodicals or magazines
    • for the delivery of digital content that was not supplied on a tangible medium and was provided with the buyer’s prior explicit consent before the expiry of the withdrawal period, and the seller informed the buyer before concluding the contract that in such a case they would not have the right to withdraw from the contract
    • in other cases specified in Section 1837 of the Civil Code

    4. To meet the withdrawal deadline, the buyer must send a notice of withdrawal within the withdrawal period

    5. For withdrawal from the purchase contract, the buyer may use the model withdrawal form provided by the seller, which is freely available for download at www.papirna.cz. The buyer shall send the withdrawal to the seller’s email or delivery address stated in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay

    6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even in cases where the goods, due to their nature, cannot be returned by ordinary postal means.

    7. If the buyer withdraws from the contract, the seller shall return to them without delay, but no later than within 14 days from the withdrawal, all monetary funds received from the buyer, including the costs of delivery, and shall do so in the same manner in which the funds were originally received. The seller may return the funds to the buyer in a different manner only if the buyer agrees to it and if this does not result in any additional costs for the buyer.

    8. If the buyer has chosen a delivery method that is more expensive than the cheapest delivery option offered by the seller, the seller will reimburse the buyer for the delivery costs only up to the amount corresponding to the cheapest offered delivery method.

    9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to the seller or proves that the goods have been sent back to the seller.

    10. The buyer must return the goods to the seller undamaged, unused, and unsoiled, and if possible, in the original packaging. The seller is entitled to unilaterally set off any claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.

    11. The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of the goods, or if the manufacturer, importer, or supplier has discontinued production or import of the goods. The seller shall inform the buyer of this without delay via the email address provided in the order and shall return, within 14 days from the notice of withdrawal from the purchase contract, all monetary funds received from the buyer under the contract, including delivery costs, in the same manner, or in a manner specified by the buyer.

    VII. Rights Arising from Defective Performance

    1. The seller warrants to the buyer that the goods are free from defects at the time of delivery. In particular, the seller warrants to the buyer that, at the time the buyer took delivery of the goods:

    • the goods possess the characteristics agreed upon by the parties; and, in the absence of such an agreement, they possess the characteristics described by the seller or manufacturer, or those that the buyer reasonably expected given the nature of the goods and based on the seller’s or manufacturer’s advertising,
    • the goods are fit for the purpose stated by the seller or for which goods of this type are normally used,
    • the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined on the basis of the agreed sample or model,
    • the goods are in the correct quantity, measure, or weight, and they comply with legal requirements.

    2. The seller’s liability for defective performance extends at least to the same extent as the manufacturer’s liability for defective performance. Otherwise, the buyer is entitled to assert a claim for a defect that arises in consumer goods within twenty-four months of receipt.

    3. If the period during which the goods may be used is specified on the goods themselves, on their packaging, in the instructions accompanying the goods, or in advertising in accordance with other legal regulations, the provisions regarding the quality guarantee shall apply. By providing a quality guarantee, the seller undertakes that the goods will be fit for their usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has justifiably notified the seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period shall not run for the duration during which the buyer cannot use the defective goods.

    4. The provisions set forth in the preceding paragraph of these Terms and Conditions do not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed upon, to wear and tear of the goods caused by their normal use, to used goods with a defect corresponding to the degree of use or wear and tear the goods had at the time of acceptance by the buyer, or if it results from the nature of the goods. The buyer is not entitled to rights arising from defective performance if, prior to accepting the goods, the buyer knew that the goods had a defect, or if the buyer caused the defect themselves.

    5. If a defect is found, the buyer may file a complaint with the seller and request:

    • exchange for new merchandise,opravu zboží,
    • a reasonable discount on the purchase price,
    • withdraw from the contract.

    6. The buyer has the right to cancel the contract:

    • if the goods have a material defect,
    • if the item cannot be used properly due to the recurrence of a defect or defects after repair,
    • if there are a significant number of defects in the goods.

    7. A material breach of contract is one of which the breaching party knew or should have known at the time the contract was concluded that the other party would not have entered into the contract had it foreseen such a breach.

    8. In the case of a defect that constitutes a minor breach of contract (regardless of whether the defect is removable or irreparable), the buyer is entitled to have the defect remedied or to a reasonable reduction in the purchase price.

    9. If a repairable defect recurs after repair (typically the third complaint regarding the same defect or the fourth regarding different defects) or if the goods have multiple defects (generally at least three defects at the same time), the buyer has the right to request a discount on the purchase price, a replacement of the goods, or to cancel the contract.

    10. When filing a complaint, the buyer is required to inform the seller of the remedy they have chosen. Changing this choice without the seller’s consent is permitted only if the buyer requested repair of a defect that proves to be irreparable. If the buyer fails to choose their remedy for a material breach of contract in a timely manner, they have the same rights as in the case of a non-material breach of contract.

    11. If the goods cannot be repaired or replaced, the buyer may request a full refund of the purchase price upon withdrawal from the contract.

    12. If the seller proves that the buyer was aware of the defect in the goods prior to taking delivery or caused the defect themselves, the seller is not obligated to honor the buyer’s claim.

    13. A buyer may not file a complaint regarding discounted merchandise for the reason that the merchandise is discounted.

    14. The seller is required to accept a complaint at any of its business locations where complaints can be accepted, or at its headquarters or place of business. The seller is required to provide the buyer with written confirmation of when the buyer exercised their right, the content of the complaint, and the method of resolution requested by the buyer, as well as confirmation of the date and method of resolution, including confirmation of the repair and its duration, or a written explanation for the rejection of the complaint.

    15. The seller or an employee authorized by the seller shall decide on the complaint immediately; in complex cases, within three business days. This period does not include the time reasonably required, depending on the type of product or service, for a professional assessment of the defect. The complaint, including the rectification of the defect, must be resolved without delay, no later than 30 days from the date the complaint was filed, unless the seller and the buyer agree on a longer period. The fruitless expiration of this period is considered a material breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment the complaint is filed is considered to be the moment when the buyer’s expression of intent (exercise of the right arising from defective performance) is communicated to the seller.

    16. The seller shall notify the buyer in writing of the outcome of the complaint.

    17. The buyer is not entitled to remedies for defective performance if the buyer knew that the item was defective before taking delivery of it, or if the buyer caused the defect themselves.

    18. In the event of a valid complaint, the buyer is entitled to reimbursement of reasonable expenses incurred in connection with the complaint. The buyer must assert this right with the seller within one month after the warranty period expires; otherwise, the court may not grant it.

    19. The buyer may choose the method of filing a complaint.

    20. The rights and obligations of the contracting parties regarding claims arising from defective performance are governed by Sections 1914 through 1925, Sections 2099 through 2117, and Sections 2161 through 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

    21. Additional rights and obligations of the parties regarding the seller’s liability for defects are governed by the seller’s complaint policy.

    VIII. Delivery

    1. The parties may send all written correspondence to each other via email.

    2. The buyer shall send correspondence to the seller at the email address specified in these Terms and Conditions. The seller shall send correspondence to the buyer at the email address specified in the buyer’s customer account or in the order.

    IX. Personal information

    1. All information you provide during our collaboration is confidential, and we will treat it as such. Unless you give us written permission to do so, we will not use your personal data for any purpose other than to fulfill the terms of the contract, with the exception of your email address, to which we may send commercial communications, as this practice is permitted by law unless you opt out. These communications may only concern similar or related goods, and you can easily unsubscribe at any time (by sending a letter, email, or clicking on a link in the commercial communication). For this purpose, your email address will be retained for a period of 3 years from the conclusion of the last contract between the contracting parties.

    2. For more detailed information on data protection, please see our Privacy Policy HERE.

    X. Alternative Dispute Resolution

    1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from sales contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from a sales contract.

    2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) (EU) No. 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

    3. The seller is authorized to sell goods under a trade license. Trade inspections are conducted by the competent trade licensing office within its jurisdiction. The Czech Trade Inspection Authority, among other things, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

    XI. Závěrečná ustanovení

    1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase agreement involves an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect the consumer’s rights under generally applicable laws.

    2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

    3. All rights to the Seller’s website, in particular the copyrights to the content—including the page layout, photos, videos, graphics, trademarks, logos, and other content and elements—belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller’s consent.

    4. The Seller shall not be liable for errors arising from third-party interference with the online store or from its use contrary to its intended purpose. When using the online store, the Buyer must not employ any methods that could adversely affect its operation and must not engage in any activity that could enable the buyer or third parties to unlawfully interfere with or unlawfully use the software or other components comprising the online store, or use the online store, its parts, or the software in a manner that would be contrary to its intended purpose.

    5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

    6. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

    7. The Seller may amend or supplement these 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.

    8. A sample withdrawal form is attached to the Terms and Conditions.

     

    These Terms and Conditions take effect on October 1, 2020

    Appendix 1: Contract Cancellation Form