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GENERAL TERMS AND CONDITIONS
1. Seller's contact details

E-shop name: Sepibone
Franchisee: Kuciánová Gabriela
Registered office / Location: Vaňkova 2627/10, Přerov 750 02

ID: 06773460
Phone: 732 920 979
Email: info@sepibone.com
Contact address: Vaňkova 2627/10, Přerov 750 02
List of establishments: Penčice 161/20, Přerov 750 02

2. Information

The information about the goods and the price stated by the Seller is binding, except for obvious error. The prices are presented including all taxes (eg VAT) and fees, except for delivery costs.

Information on accepted payment methods is provided here. The Seller does not charge any fees depending on the payment method, except for the payment method.

According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure then within 48 hours at the latest.

Accepting an offer with a supplement or deviation is not an acceptance of an offer.

Confirmation of the content of a contract concluded in a form other than in writing, showing deviations from the actual content of the contract, has no legal effect.

Acceptance of unsolicited performance by the Buyer does not imply acceptance of the offer.

3. Delivery of goods

The Seller delivers the complete goods to the Buyer within 15 days of the order confirmation, unless it specifies a different delivery time for the individual goods. If the goods are stated "in stock", the seller sends the goods within two working days. The buyer is obliged to take over and pay the goods. It is recommended that the buyer review the goods as soon as possible.

Documents for goods, especially tax documents, certificates and certificates, shall be sent by the Seller to the Buyer immediately after receipt of the goods, within two days of receipt of the goods by the Consumer.

If the Buyer so requests, the Seller shall confirm in writing to what extent and for what period his obligations from defective performance and how the Buyer may exercise the rights therefrom.

Price and delivery method (here)

If the Buyer does not accept the goods in breach of his obligation at the agreed time, he is obliged to pay the Seller a storage fee for each day of delay in the amount of CZK 10, but no more than CZK 300. The Seller is entitled to sell the goods in an appropriate manner after the Buyer has demonstrably notified the Buyer by e-mail and provides the Buyer with a new reasonable withdrawal period. The seller is entitled to offset the costs of storage and costs of vain delivery of goods due to lack of cooperation on the part of the buyer to the amount of the sale.

4. Cancellation of the order and withdrawal from the contract

The buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the manner of taking over the goods or making the payment. This period is intended to enable the buyer to acquaint, to an appropriate extent, the nature, characteristics and functionality of the goods.

The buyer is entitled to withdraw from the contract at any time prior to delivery of the goods.

Withdrawal from the contract shall be sent by the buyer to the seller within 14 days. The buyer does not have to state the reason for withdrawing from the contract. In order to facilitate communication, it is appropriate to include the date of purchase or contract / sales document number, bank details and the chosen method of return in the withdrawal.

The Seller is obliged to return to the Buyer the amount fully corresponding to the price of the goods and the cost of its delivery within 14 days of withdrawal, in the same way as the payment received from the Buyer. If the seller offers several options within a certain delivery method, he is obliged to replace the cheapest one for the buyer. At the latest within the same period, the Buyer is obliged to send or deliver the purchased goods to the Seller. Goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, must not show signs of wear or damage. The cost of returning the goods is borne by the buyer.

The Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods to the Buyer or proves that he has sent the goods to the Seller.

If the returned goods are damaged by a breach of the Buyer's obligations, the Seller shall be entitled to claim compensation for the reduction in the value of the goods against the Buyer and set it off against the refunded amount.

Exceptions: The right of withdrawal may not be exercised for contracts for the supply of digital content, unless delivered on a tangible medium or service contracts, provided that the fulfillment is made with the prior express consent of the buyer before the expiry of the period for withdrawal from the contract; in addition, contracts for the supply of services or goods (including alcoholic beverages), the price of which depends on fluctuations in the financial market, regardless of the seller's will; in the case of contracts for the supply of goods adapted to the buyer's wishes or for the person and for contracts for perishable goods, for goods which have been irrevocably mixed with other goods or removed from the sealed package and cannot be returned for hygienic reasons; for the supply of audio or video recordings or computer programs if the buyer has broken their original packaging; for the supply of newspapers, magazines or other periodicals; in the case of contracts for accommodation, transport, catering or leisure provided on a specified date or for contracts concluded on the basis of a public auction under the law governing public auctions.

The model / on-line withdrawal form is available here.

The Seller is entitled to withdraw from the Contract at any time prior to the delivery of the Goods unless it is objectively capable of delivering the Goods to the Buyer within a reasonable period of time and / or if the Buyer is in breach of a previously concluded Seller contract.

At the same time, the Seller warns the Buyer that the Contract is not concluded if there are reasonable doubts about the Buyer's true identity or in the case of obvious errors in the goods or price information provided.

5. Rights and obligations of defective performance

Take-over quality

If the goods received have deficiencies (eg they do not have agreed or legitimately expected properties, do not match the usual or agreed purpose, are not complete, do not match their quantity, measure, weight, or quality does not correspond to other legal, contractual or pre-contractual parameters), defects in goods for which the seller is responsible.

The Buyer may claim from the Seller within two years of receipt of the goods at its request a claim for free removal of the defect or for a reasonable discount on the price; if this is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), a request for delivery of a new item free of defects or a new part without defects may be applied if the defect only concerns this component.

If the repair or replacement of the goods is not possible, the buyer may request the full refund of the purchase price based on the withdrawal from the contract.

Within six months of receipt of the goods, it is assumed that the defect of the goods already existed upon receipt of the goods.

The Seller is not obliged to comply with the Buyer's claim if it proves that the Buyer knew or caused the defect before the goods were defective.

In the case of used second-hand goods, the seller is not liable for defects corresponding to the level of previous use or wear. For things sold at a lower price, the seller is not responsible for the defect for which the lower price was agreed. Instead of the right to exchange, the buyer is entitled to a reasonable discount in these cases.

Legal rights of defects

The Seller is liable for defects arising after acceptance of the goods within 24 months of the warranty period or in the period of expiry stated in the advertisement, on the packaging of the goods or in the attached instructions.

Within this period, the Buyer may file a claim and, at its option, demand a defect that means a substantial breach of contract (regardless of whether the defect is removable or non-removable):

• removing the defect by delivering a new item without defect or supplying the missing item;
• free removal of defects by repair;
• a reasonable discount on the purchase price; or
• refund of purchase price based on withdrawal.

What is important is a breach of contract which the contracting party was already aware of when the contract was concluded or had to know that the other party would not have concluded the contract if it had foreseen that breach.

In the case of a defect that means a minor breach of contract (regardless of whether it is a removable or non-removable defect), the buyer is entitled to remove the defect or a reasonable discount on the purchase price.

If a removable defect occurs repeatedly after the repair (third complaint for the same defect or fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer may exercise the right to a discount on the purchase price, exchange of goods or withdraw from the contract .

The Seller is not liable for defects due to normal wear and tear or failure to follow the instructions for use.

6. Settlement of the claim

The Buyer is obliged to lodge a complaint with the Seller or a person designated for repair without undue delay from the discovery of the deficiency. If he does so in writing or electronically, he should state his contact details, the description of the defect and the requirement for the method of handling the claim.

Download the form here.

The Buyer is obliged to inform the Seller of the right he has chosen when notifying the defect or without undue delay after the defect has been notified. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremovable.

If the buyer does not choose his right to a material breach of the contract in time, he has rights as if he were in a minor breach of contract.

The buyer is obliged to prove the purchase of the goods (preferably by proof of purchase). The time limit for settling a complaint runs from the moment of claim filing. The Buyer shall deliver or deliver the goods to the Seller or to the place designated for repair at the same time or following the claim. The goods should be packed in a suitable container during transport to prevent damage, clean and complete.

The Seller is obliged to decide promptly, no later than within three working days, on the complaint or on the need for expert judgment. The Buyer shall notify the Buyer of the need for professional assessment within this period. The complaint, including the removal of the defect, shall be settled by the Seller without undue delay, no later than within 30 days of its application, unless agreed upon in writing with the Buyer for a longer period. After this period, the buyer has the same rights as if it were a material breach of the contract.

If the seller refuses to remove the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.

The warranty period is extended by the period from the filing of the claim to its settlement or until the time when the buyer was obliged to collect the item. If the goods or parts thereof are replaced, the Seller's liability is assumed to be the purchase of new goods or parts thereof.

If it is not possible to monitor the status of the claim settlement on-line, the Seller undertakes to inform the Buyer about the settlement of the Buyer's claim by e-mail or by SMS.

For justified claims, the buyer is entitled to reimbursement of reasonably incurred costs.

7. Privacy

The Seller is the controller of personal data provided for the purpose of performance of the subject of the Contract.

Administrator identification and contact details

Company / Name: Kuciánová Gabriela
Registered office / Location: Vaňkova 2627/10, Přerov 750 02
ID: 06773460
Phone: 732 920 979
E-mail: info@sepibone.com
Contact address: Vaňkova 2627/10, Přerov 750 02

Purpose of processing, scope of personal data and legal basis for processing

The Buyer acknowledges that for the purpose of concluding the Purchase Contract, its subsequent performance (processing of the order, securing the removal and delivery of the goods) and any resolution of the rights of defective performance (complaints), the Administrator shall process and retain in accordance with the Regulation of the European Parliament and the Council (EU) 2016/679, General Regulation on Personal Data Protection (hereafter GDPR), his / her personal data in the following scope: name, surname, address, e-mail and telephone number (or add other data to be processed - payment details etc.). 

The legal basis for the processing of personal data is in accordance with Article 6 (1) (a). b) GDPR performance of a contract to which the buyer is a party.

Categories of recipients / recipients of personal data

The Administrator undertakes not to provide the Buyer's personal data to entities other than the following processors:
a) the contract carrier chosen by the buyer in the order form for the purpose of delivery of the goods, the list of carriers is available here, the data will be provided in the following scope: name, surname, address, e-mail, telephone number;
b) to the operator of the Heureka.cz portal for the purpose of generating and sending satisfaction surveys with the purchase within the Program verified by customers to which the e-shop is involved. The legal basis for processing in this case is in accordance with Article 6 (1) (a). f) GDPR legitimate interest of the controller, which consists in ascertaining the buyer's satisfaction with the purchase by the manager. The questionnaires are sent to all buyers who did not refuse to send commercial messages in accordance with Section 7 (3) of the Act on Certain Information Society Services (No. 480/2004 Coll.) And is carried out after each purchase on the internet shop. The operator of the Heureka.cz portal is entitled to use the e-mail address given solely for the purpose of generating and sending the satisfaction questionnaire in the sense of the Customer's Program Validated Terms available here: sluzby.heureka.cz/napoveda/podminky-a-dulezite-dokumenty/. Buyers may at any time object to the sending of customer-verified email questionnaires by refusing additional questionnaires using the link in the questionnaire email. In case of objection, the questionnaire will no longer be sent to the buyer.

Save time

The personal data will be stored by the administrator for the period necessary to fulfill the contract (processing of the order, removal and delivery of the goods) and for the period of the statutory guarantee (24 months from receipt of the goods) or during the period of the contractual guarantee.

The Buyer acknowledges that the Administrator is obliged under Section 31 of the Accounting Act (No. 593/1991 Coll.) To keep the accounting documents and accounting records (invoices) for a period of 5 years starting at the end of the accounting period which they relate to (that is, if you buy goods during 2018, the invoice must be retained by the end of 2023). The administrator also has an obligation under Section 47 of the Tax and Fee Administration Act (No. 337/1992 Coll.) To keep the invoice for a period of 3 years from the end of the tax period in which the tax liability related to the invoice arose (that is, if you purchase goods in during 2018, the invoice must be retained for the purposes of tax proceedings by the end of 2021). The invoice contains the following personal information: name, surname and address.

FOR VAT PAYERS:

The Buyer also acknowledges that pursuant to Section 35 of the Value Added Tax Act (No. 235/2004 Coll.), The administrator is obliged to keep tax documents for a period of 10 years from the end of the taxable period in which the performance took place (ie purchase goods during 2018, the invoice must be retained by the end of 2028). The tax document contains the following personal information: name, surname and address.

Buyer's rights in relation to personal data

The Buyer further acknowledges that under Articles 15 to 21 the GDPR has the right to:
(a) access to personal data consisting of the right to obtain from the controller confirmation that the personal data concerning him or her are being processed and, if so, have the right to access such personal data and the information specified in Article 15 GDPR;
b) for the correction of inaccurate personal data concerning him, further with regard to the purposes of processing, the Buyer has the right to complete incomplete personal data, including by providing an additional declaration pursuant to Article 16 of the GDPR;
(c) erasure ("the right to be forgotten"), which consists in deleting, without undue delay, personal data relating to the buyer as soon as it is no longer necessary for the performance of the contract, unless another legitimate reason for its further processing has been given. ;
(d) to limit the processing of personal data in the cases defined by Article 18 of the GDPR;
(e) for data portability under the terms of Article 20 of the GDPR;
(f) object to the processing of personal data pursuant to Article 21 of the GDPR.

The controller shall provide the buyer, upon request, with information on the measures taken in any case within one month of receipt of the request.

In case of doubt about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is a supervisory authority in this area, and to file a complaint with it.

8. Dispute resolution

Mutual disputes between seller and buyer are resolved by general courts.

The consumer who is a consumer has under the Protection Act Consumer (No. 634/1992 Coll.) right to out-of-court settlement consumer dispute from purchase contract or contract provision of services. The subject who out-of-court settlement is authorized dispute is Czech Trade inspection. More information is available on the website www.coi.cz.

Out-of-court consumer solutions dispute is initiated solely on a proposal consumer, and only if that the dispute failed with the seller directly. Proposal can be submitted no later than 1 year after the date on which the consumer has exercised his right which he is subject to dispute with the seller first.

The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available on the website ec.europa.eu/consumers/odr/.

The buyer may also contact dTest, o.p.s. for advice on their consumer rights. via www.dtest.cz/poradna or on the phone number 299 149 009.

Supervision of compliance with obligations under the Consumer Protection Act (No. 634/1992 Coll.) Is performed (www.coi.cz).