1. Introductory provisions
These terms and conditions further define and specify the rights and obligations of the seller and the buyer within the contractual relations concluded through online shops:
- DKFANTA.COM
The buyer has the opportunity to get acquainted with these terms and conditions at each specific online shop and is notified of them sufficiently in advance. By submitting his/her order, the Buyer confirms that he/she has read these terms and conditions and agrees to them.
Seller and operator of online shops
- DKFANTA.COM
is Dominik Fanta with registered office in Vrchoviny 41, 54901 Nové Město nad Metují, ID No.: 07431431. The place of performance for all contractual relations is Vrchoviny 41, 54901 Nové Město nad Metují, ID No.: 07431431 and in case of personal collection the place of collection is also Vrchoviny 41, 54901 Nové Město nad Metují, ID No.: 07431431.
All contractual relations are governed by the law of the Czech Republic.
2. Definition of terms
- Consumer contract
- a contract of sale, a contract for work, or other contracts under the Civil Code where the parties to the contract are the consumer on the one hand and the seller on the other. - Consumer
- is a natural person who, when concluding and performing a contract, is not acting within the scope of his trade or other business activity or within the scope of his independent exercise of his profession. - Buyer who is not a consumer
- is a person who, in concluding and performing a contract, acts within the scope of his trade or other business activity or within the scope of his independent exercise of his profession.
3. Conclusion of the purchase contract
Duly completed and via online shops
- DKFANTA.COM
an order sent or made by phone by the buyer is a binding proposal for the conclusion of a purchase contract with the seller, while the buyer is bound by his proposal for the conclusion of the purchase contract for a period of 21 days after sending the order.
The Seller shall promptly confirm receipt of the order within the meaning of Section 1827(1) of the Civil Code by e-mail to the e-mail address provided by the Buyer in the order, whereby such confirmation does not constitute acceptance of the proposal to conclude the purchase contract. The purchase contract itself is concluded by the acceptance of the proposal for the conclusion of the purchase contract by the Seller, where acceptance is deemed to be the dispatch of the goods by the Seller to the Buyer or the express acceptance of the proposal for the conclusion of the purchase contract by the Seller by e-mail or telephone.
The consumer has the right to cancel the order, i.e. to withdraw his proposal to conclude the purchase contract, without any penalty until the goods are dispatched. The consumer is obliged to notify the seller of this fact by e-mail or telephone.
In the event that the buyer wishes to cancel an order for goods that have been specially ordered for him by agreement, a cancellation fee of 50% of the purchase price of the goods is stipulated.
The purchase contract is concluded in Czech. The Purchase Contract shall be archived after its conclusion only for the time necessary for its processing, during which time it may be made available upon written request of the consumer. Changes to the order and corrections of errors may be made until the goods are handed over for dispatch.
4. Withdrawal of the consumer from the contract pursuant to Section 1829(1) of the Civil Code
The consumer shall have the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods (in the case of a purchase contract whose subject matter is several types of goods or the delivery of several parts, from the date of receipt of the last delivery of goods; in the case of a purchase contract whose subject matter is regular repeated delivery of goods, from the date of receipt of the first delivery of goods).
In order to exercise the right to withdraw from the contract, the consumer must inform the seller, Dominik Fanta, with registered office in Vrchoviny 41, 54901 Nové Město nad Metují, ID No.: 07431431, at Vrchoviny 41, 54901 Nové Město nad Metují, or e-mail: info@dkfanta.com, of his withdrawal from the contract by means of a unilateral legal action (for example, by a letter sent via a postal service provider or by e-mail). In order to comply with the time limit for withdrawal from this contract, it is sufficient to send the withdrawal before the expiry of the relevant time limit.
If the consumer withdraws from the purchase contract, all payments received from the consumer, including delivery costs, will be refunded to the consumer without undue delay, and no later than 14 days from the date on which the seller receives the notice of withdrawal from the purchase contract (except for additional costs incurred as a result of the chosen method of delivery, which is different from the cheapest standard delivery method offered by the seller). The Seller shall use the same means of payment used by the Consumer to make the initial transaction for the refund, unless the Consumer has expressly indicated otherwise. In any event, this will not incur additional costs for the consumer. The Seller shall only refund the payment after receipt of the returned goods or if the Consumer proves that he has sent the goods back, whichever is the earlier. The consumer must send back the goods without undue delay, but no later than 14 days from the date of withdrawal from the purchase contract, or hand them over to Vrchoviny 41, 54901 Nové Město nad Metují, whereby the consumer shall bear the direct costs associated with the return of the goods. The time limit is deemed to be observed if the consumer sends the seller
The consumer cannot withdraw from the contract in accordance with Section 1837 of the Civil Code:
- on the provision of services, if they have been performed with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
- the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the entrepreneur's will and which may occur during the withdrawal period,
- for the delivery of alcoholic beverages which can only be delivered after a period of thirty days and whose price depends on financial market fluctuations independent of the entrepreneur's will,
- the delivery of goods that have been adapted to the consumer's wishes or for the consumer's person,
- the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
- the repair or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repairs or the supply of spare parts other than those requested,
- the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
- the delivery of an audio or visual recording or computer program if it has infringed its original packaging,
- for the supply of newspapers, periodicals or magazines,
- accommodation, transport, meals or leisure activities, if the entrepreneur provides these services within the specified time,
- concluded on the basis of a public auction pursuant to the law governing public auctions, or
- for the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal.
You cannot withdraw from the contract without giving a reason if the goods have already been partially consumed. Nor can you withdraw from a contract for goods whose nature precludes it. If the returned goods are incomplete, damaged or visibly worn out, the seller may claim compensation.
5. Withdrawal from the contract by a buyer who is not a consumer
In the case of a buyer who is not a consumer, it is not possible to withdraw from the contract.
6. Transport
The costs of postage and packaging, which the buyer has chosen in the order, are borne by the buyer and these costs are governed by the current price list of the seller, which can be found on the website:
- DKFANTA.COM
7. Payment terms
- Bank transfer - after receiving the order (proposal for the conclusion of the purchase contract), the seller sends the buyer the amount of the purchase price, account number and variable symbol of payment. The buyer shall pay the goods to the seller's bank account before the goods are shipped, otherwise the goods will not be shipped or handed over. This method of payment of the purchase price is considered an advance payment of the purchase price.
- Payment cards - after creating an order (proposal for a purchase contract), the buyer is redirected to the secure payment gateway Comgate, where the buyer enters the necessary data for payment. This method of payment of the purchase price is considered an advance payment of the purchase price.
8. Rights from defective performance
The buyer's right from defective performance is based on the defect that the thing has when the risk of damage passes to the buyer, even if it appears later. The buyer's right shall also be established by a defect arising later which the seller has caused by a breach of his duty.
If the defective performance is a material breach of contract, the buyer has the right to:
- to remedy the defect by supplying a new item without the defect or by supplying the missing item,
- to remove the defect by repairing the item,
- a reasonable discount on the purchase price, or
- withdraw from the contract.
The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract.
If the buyer fails to exercise his right in time, he has the rights as in the case of an insubstantial breach of contract.
If the defective performance is an insignificant breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price.
As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the buyer.
If the seller does not remove the defect in time or refuses to remove the defect, the buyer may demand a discount on the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.
The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the same condition as he received it. This does not apply,
- if there has been a change in the condition as a result of an inspection to determine the defect of the item,
- if the buyer used the item before the defect was discovered,
- if the buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission, or
- if the buyer has sold the thing before the defect was discovered, if he has consumed it or if he has altered the thing in its normal use; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent to which he has benefited from the use of the thing.
If the buyer has not notified the defect in time, he loses the right to withdraw from the contract.
The rights arising from the defect shall be exercised with the seller at the following addresses:
To send the goods:
For personal delivery: Dominik Fanta with registered office in Vrchoviny 41, 54901 Nové Město nad Metují
9. Rights arising from defective performance and quality guarantee in the case of a buyer who is a consumer
The seller is liable to the buyer, who is a consumer, that the goods are free from defects at the time of receipt, in particular the seller is liable to the buyer that at the time the buyer took over the goods,
- the goods have the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the seller or manufacturer described or the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
- the item is fit for the purpose for which the seller states it is used or for which an item of that kind is usually used,
- the item corresponds in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
- is a thing in the appropriate quantity, measure or weight
- the matter complies with the requirements of the legislation.
The buyer is entitled to exercise the right of defect within 24 months of receipt of the goods.
If the item does not have the aforementioned characteristics, the buyer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer shall be entitled to have the defect remedied free of charge.
The buyer has the right to have a new item delivered or a part replaced even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to supply a new item without defects, replace a part of the item or repair the item, and if the seller fails to remedy the defect within a reasonable time or if it would cause the consumer considerable difficulty to remedy the defect.
The rights arising from the defect shall be exercised with the seller at the following addresses:
To send the goods:
For personal delivery: Dominik Fanta with registered office in Vrchoviny 41, 54901 Nové Město nad Metují
If the Buyer so requests, the Seller shall confirm to the Buyer in writing the extent and duration of the Buyer's obligations in the event of defective performance. If the nature of the goods does not prevent this, the confirmation may be replaced by a proof of purchase containing the above information.
If the buyer exercises a right arising from defective performance, the seller shall confirm to him in writing when he exercised the right, as well as the repair and the duration of the repair.
10. Quality guarantee in the case of a buyer who is not a consumer
The Seller does not provide a guarantee for the quality of the goods to the Buyer, who is not a consumer, unless expressly agreed between the parties. The seller's liability for defects in such a case is governed by the Civil Code.
11. Prices and validity of the offer
All prices are exclusive of VAT, because Dominik Fanta with registered office in Vrchoviny 41, 54901 Nové Město nad Metují, ID: 07431431 is not a VAT payer. The delivery of goods is accompanied by a proper tax document. All prices of goods, including promotional prices, are valid until further notice or until stocks are sold out.
12. Discounts and discount coupons
The seller provides various types of discounts. Each discount has rules for use.
In the event that a discount or discount coupon is applied in violation of the rules of the discount or discount coupon, the Seller has the right to refuse such application of the discount or discount coupon. In such a case, the Buyer shall be informed and offered the option of completing the order without such discount or coupon applied.
The rules and conditions for applying a specific discount are attached either directly to the discount (in the form of information) or a link to the discount website, where the discount rules are described in detail. In the event that there is any ambiguity in the interpretation of the discount, the interpretation of the seller's application shall apply.
Each discount or coupon can only be redeemed once, unless specifically stated otherwise. In the event of multiple uses, the retailer has the right to refuse to honor such discount.
In the event that the discount is applied by a buyer who is not a consumer and it is not a purchased gift vouchers, the seller has the right to refuse such application of discount and discount coupons.
If the value of the gift voucher or discount coupon is higher than the value of the entire purchase, the difference will not be transferred to a new voucher or coupon and the unused amount will not be refunded.
13. Personal data protection
All personal data provided to the Seller will not be disclosed to third parties or other entities without the Buyer's consent and will be handled in accordance with Act No. 101/2000 Coll., on the protection of personal data. The Buyer may at any time request their modification or deletion by e-mail.
We determine your satisfaction with your purchase through e-mail questionnaires as part of the Verified by Customers program, in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor Heureka.cz, the operator of the Heureka.cz portal, to send questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address to Heureka.cz for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.
By placing an order, the Buyer agrees to the Seller's right to use the data provided by him for marketing purposes in the Seller's online stores, for the purposes of developing and improving the services provided to customers.
On the basis of the contact details provided at the time of ordering, the Buyer may be contacted by the Seller for the purpose of providing information about products, services or news, by e-mail or SMS communication.
By creating and paying for an order, the buyer agrees to the processing of personal data and the sending of commercial communications.
Consent is granted in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, hereinafter referred to as "GDPR"), Act No. 101/2000 Coll., on the protection of personal data (hereinafter referred to as "ZOOÚ") and Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts.
Until the revocation of this consent, the Buyer hereby grants Dominik Fanta, with its registered office at Vrchoviny 41, 54901 Nové Město nad Metují, ID No.: 07431431 (hereinafter referred to as the "Seller"), as a personal data controller, consent to the processing (including automated processing and in particular through collection, monitoring, profiling, evaluation and storage) of personal data. This is for the purpose of ascertaining the relevant needs of the Buyer and offering and providing suitable commercial offers and customer benefit programmes of the Seller, both in printed form and by electronic means. The personal data that will be processed on the basis of this consent includes name, surname, title, residence/place of business, date of birth, birth number, bank account number, details of documents provided, payment and payment history, SIPO payment details, telephone and email details, information identifying the device or person associated with the use of the device, such as IP addresses or cookie identifiers and information about purchasing preferences.
The Buyer gives this consent voluntarily and is aware that he/she can withdraw his/her consent at any time in the same way as he/she gave it.
The Buyer also acknowledges that failure to grant or withdrawal of this consent may result in some services not being able to be offered tailored to their needs.
The Buyer acknowledges that even without this consent, the Seller has the right to send commercial offers and communications offering its own products and services for the duration of the contract, until I express my disagreement.
The location of the physical data is within the European Union and the user complies with the GDPR data location requirements.
14. Final Arrangement
The consumer's order is archived after its delivery to the seller as a proposal for the conclusion of a purchase contract for the purpose of its execution and further registration. The individual technical steps leading to the conclusion of the contract are apparent to the consumer from the order process itself. The buyer has the possibility to detect and correct data entry errors before the order is placed. The costs of using remote means of communication (telephone, internet, etc.) to complete the order shall be borne by the buyer. These terms and conditions allow the consumer to archive and reproduce them.
The Parties agree that all property disputes between them arising out of or in connection with the Contract shall be finally settled by the District Court for Náchod.
(These Terms and Conditions are valid and effective as of May 1, 2022)