SELLER:
Natural Person Karel Začal, non-payer of VAT, current address based in:
Čsl. Armády 806/43b, 794 01 Krnov, IČ: 76127494
bank account details: Česká spořitelna, account number 1903882073/0800
(hereinafter referred to as “seller”)
I. Introductory Provisions
These business terms and conditions are available at www.zacal.net/order, in order to acquaint the customer. They apply to the ordering form of custom-made production, located at this website.
These terms and conditions also contain information the seller is obliged to convey with the buyer as a consumer, in conformity with § 1811 paragraph 2 and § 1820 paragraph l of Act no. 89/2012 Coll., Civil Code (hereinafter the Civil Code).
II. Procedure for Concluding Contracts
The Seller shall deliver a custom-made musical instrument (hereinafter the “Product”) based on the Buyer’s written order form (hereinafter the “Order”), which will include a detailed description of the product, the price of the product, the approximate date of completion of production and it will further state that the buyer has become acquainted with these terms and conditions and will also pay the deposit required under these terms and conditions by the seller. The buyer’s written order is considered to be an order completed and sent via the form on the website www.zacal.net/order as follows: The buyer clicks to select a specific feature / equipment of the product. When the buyer is satisfied with the selection, clicking on the “SEND” button will send the order to the seller. All information stated in the order is required by the seller to be correct. The buyer thus confirms that he has filled in all the required information correctly, according to his knowledge and conscience when creating the order and by clicking on the “SEND” button agrees with these terms and conditions of custom production. The order is confirmed by the receipt of an advance payment to the seller’s account. Each buyer’s order is immediately confirmed by the seller and sent by email to the buyer’s address. The order is confirmed by the receipt of an advance payment to the seller’s account.
III. Delivery Method
The product will be delivered by the seller to the buyer within the deadline specified in the Order. The seller reserves the right to additionally change the date, no later than two months from the initial deadline stated in the Order, in agreement with the customer. The seller is to fulfill the obligation to deliver the product to the buyer (i.e. by the buyer’s takeover) located:
a) at the seller’s registered office or at his residence.
b) in the case of sending the product by courier service, the product is handed over to the buyer when the carrier hands it over to him. Part of the delivery of the product to the buyer is a warranty card confirmed by the buyer, in electronic form by email.
IV. Product price, Payment terms and Deposit
The right to pay the purchase price arises for the seller by handing over the product to the buyer, while the agreed price of the product stated in the order will be charged. The buyer is obliged to pay the purchase price to the seller within 14 days after receiving the invoice from the seller. The invoice must contain:
1. invoice designation and number,
2. name and residence adress of the seller and the buyer,
3. subject and completion-date,
4. indication of the price of the product – the invoiced sum,
The buyer can return the invoice by the due date if it contains: incorrect price data, incorrect requisites, if any of the requisites are missing in the invoice. In the case of non-cash payment of the purchase price, the date of payment means the day on which the payment was credited to the seller’s account. If the product is picked up by the buyer at the seller’s residence, it is possible to pay the purchase price in cash upon receipt of the product.
Before concluding the contract, the seller has the right to demand from the buyer a deposit of 25% of the price of the product, which must be paid by the buyer to the seller’s account. The deposit will be charged by the seller against the final purchase price. The order of custom production is confirmed by receiving an advance payment on the seller’s account.
If the buyer requests a change in the order, he will write this change to the seller’s email address. The seller will include the change in the order and if this change also affects the price, he will notify the buyer by sending an updated order to his email address. After approval by the buyer, this updated version of the order replaces the original version.
V. Delivery Costs
The cost of delivery of the product consists of the rates of the carrier. The amount of these costs will be stated on the invoice and paid by the buyer.
VI. Concractual Penalty
1. In case of the buyer’s delay in paying the invoice for the delivered product, the buyer shall pay the seller a contractual penalty in the amount of 0.1% of the amount due for each day of delay.
2. The contractual penalty shall be paid by the obligated party regardless of whether and to what extent the other party incurs damage in this connection, which can be recovered separately.
VII. Cancellation of the Order
1. Cancellation of the order by the buyer during production: The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation. In the event of cancellation of a confirmed order, the buyer is obliged to compensate the seller for the damage caused by this action. This damage is paid as follows: An advance payment is returned to the buyer’s account, from which 5% of the total value of the ordered product is deducted. The buyer notifies the cancellation of the production order by email to the seller.
VII. Withdrawal from the sales contract
1. Cancellation of the order by the buyer after receiving the product – withdrawal from the purchase contract: The buying consumer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the contract for delivery of goods that were manufactured or modified according to the buyer’s wishes or for him, or the goods that are atypical (custom production). If it is not the case mentioned here or another case where it is not possible to withdraw from the purchase contract, the buyer consumer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from receipt of the goods. This period is intended to enable the purchaser to acquaint the consumer to a reasonable extent with the nature and characteristics of the product. The product should be returned to the consumer completely, i.e. including all supplied accessories, with complete documentation, undamaged, clean, in the original packaging, in the condition and value which he received the product with.
2. To withdraw from the purchase contract, it is possible to use the form provided by the seller and listed at the end of these general terms and conditions. The withdrawal form is available for download separately at https://www.zacal.net/order/. The buyer sends the withdrawal form from the purchase contract to the seller’s email (karel@zacal.net).
3. In case of withdrawal from the purchase agreement, the purchase agreement 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. Return of goods is not possible “cash on delivery”, this will not be taken over by the seller. The goods should be returned to the seller complete, in the original packaging, must not show signs of wear or damage. If the buyer consumer withdraws from the purchase contract, he bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.
4. In the case of withdrawal from the purchase contract, the seller will return the funds received from the consumer buyer corresponding to the price of the goods and paid delivery costs within fourteen (14) days of withdrawal from the purchase contract by the buyer consumer, in the same way as the seller received from the consumer buyer. The seller is not obliged to return the received funds to the buyer consumer before the buyer consumer returns the goods or proves that he sent the goods to the seller.
5. The consumer buyer is liable to the seller for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to treat them with regard to their nature and characteristics. Therefore, if the returned product is damaged in this way, the seller is entitled to claim from the buyer consumer compensation for the reduction in the value of the product and unilaterally set it off against the buyer’s consumer’s right to a refund of the purchase price.
6. In cases where the buyer consumer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer consumer. In such a case, the seller will return the purchase price to the buyer consumer without undue delay, non-cash to the account designated by the buyer consumer.
IX . The Risk of Damage to the Product
The risk of damage to the product passes to the buyer at the time he takes over the product from the seller. Alternatively, according to § 2122 of the Civil Code.
X. Defective performance rights and warranty rights and conditions for exercising these rights Defective performance rights and conditions for exercising these rights are regulated for the buyer in § 2099 to § 2112 in conjunction with § 2165 to 2174 of the Civil Code. The rights from the quality guarantee are regulated in § 2113 to § 2117 of the Civil Code, including special provisions on the sale of goods in trade specified in the Civil Code. The seller provides a warranty for the quality of the delivered product for a period of 24 months.
Caution within the meaning of Act No. 634/1992 Sb., on Consumer Protection Law:
If a dispute arises, the consumer has the right to an out-of-court settlement. He submits a proposal for the out-of-court settlement of a dispute pursuant to Act No. 634/1992 Coll., On Consumer Protection, to the Czech Trade Inspection Authority.
All details on the out-of-court settlement are available on the website of the Czech Trade Inspection Authority www.coi.cz
XI. The buyer acknowledges that these terms and conditions become part of the purchase agreement concluded between the parties.
Krnov: 22.7.2021.