Terms and Conditions
The online store www.markol.net offers the sale of goods to end users. When purchasing goods in this store, the following terms and conditions apply, which more closely define and specify the rights and obligations of the seller, which is MARKOL FOOD, s.r.o., IČO 05156521, DIČ CZ05156521 with registered office at Mistra Mikuláše 450 Jevíčko, 569 43, registered in the commercial register maintained by the Municipal by the court in Hradec Králové, section C, file 37264.
1. Introductory provisions
1.1. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of www.markol.net, IČO 05156521, registered in the commercial register maintained by the Municipal by the court in Hradec Králové (hereinafter referred to as "Seller") determine the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract purchase contract ") concluded between the seller and another natural person (hereinafter referred to as the" buyer ") through the seller's online store. The internet shop is operated by the seller on a website located at the internet address www.markol.net (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. 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. User account
2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates its obligations under the purchase agreement (including business conditions).
2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3. Conclusion of the purchase contract
3.1. All presentations of goods placed in the web interface of the shop is informative and seller is not obliged to conclude a purchase agreement regarding this product. Provisions & sect; 1732, paragraph. 2 of the Civil Code does not apply.
3.2. Web interface provides information about the products, including the prices of individual goods. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.
3.3. Web interface also contains information on the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills an order form in the web interface business. The order form contains particular information about:
3.4.1. ordering goods (merchandise"inserts"the buyer into an electronic shopping cart business web interface),
3.4.2. method of payment of the purchase price, details of the desired method of delivery of the ordered goods,
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify data in the order, even with regard to the possibility of the buyer detecting and correcting errors during data entry in order. The buyer sends the order by clicking on the"send the order ". The information specified in the order by the seller is deemed to be correct. Seller immediately upon receipt of an order the buyer confirms receipt by e-mail, at the e-mail address listed in the buyer's user interface or in the order (hereinafter referred to as"e-mail address of the buyer").
3.6. Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.7. The contractual relationship between seller and buyer arises delivery order acceptance (acceptance) which is sent to the buyer by e-mail, at the e-mail address of the buyer.
3.8. The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially breached their obligations towards the seller.
3.9. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer using a means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) borne by the Buyer, and these costs do not differ from the standard rate.
4. Price of goods and payment terms
4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
• in cash or by cash on delivery card at the place specified by the buyer in the order;
• by cashless transfer to the seller's account No. 9068001/5500 (hereinafter referred to as "seller's account");
4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of 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.
4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document / invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. The seller issues a tax document/invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
5. Withdrawal from the purchase contract
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or the person from the contract for the supply of goods subject to rapid deterioration, as well as goods which had been delivered irrevocably mixed with other goods from the purchase contract for the supply of sealed goods which the consumer has removed from its packaging and hygiene reasons it is not possible to return from a purchase contract for the supply of audio or video recordings or computer program, if violated their original packaging.
5.2. If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code within an extended period of up to fourteen (14) days from the acceptance of the goods, while if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business Mistra Mikuláše 450, 569 43 Jevíčko or the seller's e-mail address email@example.com .
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature. Goods cannot be returned for cash on delivery.
5.4. In the case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he sent the goods to the entrepreneur.
5.5. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.
5.6. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.
6. Transport and delivery of goods
6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to 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 take over the goods upon delivery.
6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7. Rights from defective performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
7.2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
7.2.4. is the goods in the corresponding quantity, measure or weight and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance are exercised by the buyer at the seller's correspondence address: Mistra Mikuláše 450, 569 43 Jevíčko, where complaints can be accepted with regard to the range of goods sold. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.
7.6. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. Other rights and obligations of the contracting parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. Out-of-court handling of consumer complaints is provided by the seller via the email address firstname.lastname@example.org . The seller will send information about handling the buyer's complaint to the buyer's email address.
8.4. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
9. Protection of personal data and sending commercial messages
9.1. 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.
9.2. The buyer agrees to the processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number (hereafter referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
9.4. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully (when registering, in his user account, when ordering from the store's web interface) and that he is obliged to inform the seller without undue delay of a change in his personal data.
9.5. The seller can entrust the processing of the buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in violation of the protection of the buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to for the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or the processor to remove the condition thus created.
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.
10. Sending commercial messages and storing cookies
10.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can prevent the storage of cookies by setting the browser.
11.1. Business communications and e-mail newsletters can be delivered to the buyer to the buyer's electronic address.
12. Final provisions
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the 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 annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
12.5. Contact details of the seller:
MARKOL FOOD, s.ro.
Mistra Mikuláše 450
569 43 Jevíčko
Telefon: +420 725 191 185
V Brně, 8. 6. 2022