1. General Provisions
These Terms and Conditions (hereinafter referred to as the T&C) apply to purchases made in the online shop www.oehling.com/en. The T&C define and specify the rights and obligations of the Seller, which is Fotoobchod, s.r.o., ID No.: 02786711, with registered office in Klatovy I, Mánesova 864, Postal Code 33901 (see contact section for details), registered in the Commercial Register maintained by the Regional Court in Pilsen under file number C 29745 and the Buyer. All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, relations not regulated by the terms and conditions are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is another entity, relations not governed by the terms and conditions shall be governed by the Commercial Code (No 513/1991 Coll.), all as amended. The legal order of the Czech Republic is in accordance with the law of the European Community, ratification of international treaties and regulations establishes similar rights and obligations to those enjoyed by citizens of the Member States of the European Union in their home countries.
2. Definition of terms
Consumer contract - a contract of sale, contract for work, or other contracts, if the contracting parties are on the one hand a consumer and on the other hand a supplier or a seller.
Seller / supplier - is a person who, when concluding and performing a contract, acts within the scope of his trade or other business activity. It is an entrepreneur who directly or through other entrepreneurs supplies products or services to the buyer.
Buyer / consumer - is a person who does not act within the scope of his trade or other business when concluding and performing a contract. It is a natural or legal person who purchases products or uses services for a purpose other than for business with these products or services.
Buyer / not a consumer - is a person who, when concluding and performing the contract, acts within the scope of his trade or other business.
Closing the purchase contract - the buyer's order is a proposal of the purchase contract and the purchase contract itself is concluded at the moment of delivery of the seller's binding consent to the buyer with this proposal (binding confirmation of the order by the seller). From this moment, mutual rights and obligations arise between the buyer and the seller.
3. Information about the concluded contract and terms and conditions
By concluding the purchase contract, the buyer confirms that he/she has read these terms and conditions and that he/she agrees to them. The buyer is notified of these terms and conditions sufficiently before the actual execution of the order and has the opportunity to familiarize himself with them. These terms and conditions form an integral part of the concluded contract.
The contract is concluded in the Czech language, unless circumstances on the part of the seller or the buyer prevent it, the contract may be concluded in another language understandable to the parties. The concluded contract is archived by the seller for the purpose of its successful execution and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is visible from the ordering process in our online shop and the buyer has the opportunity to check and, if necessary, correct the order before sending it. These terms and conditions are displayed on the website of our webshop and thus allow their archiving and reproduction by the buyer.
4.1 An order is created by the buyer filling in the order form. The Buyer has the opportunity to check and, if necessary, correct the order that has not yet been sent. A condition of the validity of the order is the proper completion of all the details prescribed by the form.
4.2 Upon acceptance of the order via the online store www.oehling.cz, the ordering party is sent a confirmation of the acceptance of his order to the e-mail address he provided when placing the order. Subsequently, a manual order confirmation is sent, which has the character of a binding agreement of the Seller with the Buyer's proposal, as described in Section 2 of these T&C (Definition of Terms).
4.3 Goods can also be ordered by telephone, fax or e-mail. The cost of using remote means of communication (internet, telephone, catalogue, etc.) to place an order is at the normal rate (depending on the telecommunication service tariff used by the Customer).
4.4 The place of delivery of the goods is the address specified by the Buyer in the order.
4.5 The delivery date of the goods, if in stock, is 2 - 4 days. You can inquire about delivery dates by email at firstname.lastname@example.org or by phone at +420 376 326 777 (see contact section).
4.6 Each item is issued and accompanied by an invoice / tax document. The buyer accepts the goods in the manner specified in the binding order.
5. Transport and payment terms
5.1 The ordered goods are shipped via the carriers listed on the Shipping and Payment page.
5.2 If the shipment is divided into several packages, the buyer shall only pay shipping and handling for the first one.
5.3 The goods can also be collected in person at the Seller's premises, this method of delivery is free of charge.
5.4 Possible payments for the goods are listed on the Shipping and Payment page. Cash on delivery and payment methods provided by the payment gateway GoPay are a service in accordance with §1834. The realisation of the performance of the service is considered to be the moment of its activation and the payment made by the customer during the order process.
5.5 In case of assessment, the Seller is entitled to change the design of the Cash on Delivery payment method to Account Transfer, always after prior communication with the Customer, so that the Customer is aware of the change.
6. Sending goods to EU countries
6.1 The goods are sent to EU countries by PPL, GLS, Pocketa, UPS, Czech Post, DPD, FOFR, DHL and partners of these companies in the countries of destination. Payments are made via cashless financial services, GoPay, PayPal, bank transfer in EUR or currency set by the customer in the e-shop. Detailed information on payment options can be found on the Shipping and Payment page.
6.2 Invoicing for individuals (who are not subject to VAT) is in the tax rate of the country of destination in accordance with One Stop Shop (OSS) https://ec.europa.eu/taxation_customs/business/vat/vat-e-commerce/oss_en .
6.3 Invoicing to companies and individuals who are subject to VAT in the destination country of delivery is without VAT, MwSt.. Verification of VAT payers is done through the European Commission database/website at the link https://ec.europa.eu/taxation_customs/vies/?locale=en
6.4 You can check the status of your shipment on your account, by email or chat on the e-shop of the respective language or directly on the website of the shipping service you have chosen.
6.5 The delivery time if the goods are in stock is 2-6 days. You can inquire about delivery dates by contacting all the contacts listed in the Contacts section..
Personal data (in particular name, surname and address) of customers are stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended. All data obtained from customers is used exclusively for the internal needs of the shop (for the purpose of successful completion of the contract) and is not provided to third parties, nor will it be used for advertising purposes of the shop. The exceptions are external carriers, to whom the personal data of customers are transferred to the minimum extent necessary for the smooth delivery of goods, and, where applicable, the credit provider involved in the order processing (instalment sales). Customer personal data is fully secured against misuse. The data is stored and not shared with third-party applications. By entering into a contract, the customer agrees to the processing and collection of his/her personal data in our database after the successful completion of the contract until he/she expresses his/her disagreement with this processing in writing. The customer has the right of access to his personal data and the right to rectification, including other legal rights to this data.
8. Consumer's right of withdrawal
8.1 The consumer has the right, pursuant to Section 53(7) of the Civil Code, to withdraw from the contract within 14 days of receipt of the goods if the contract was concluded by means of distance communication (via the online shop www.oehling.cz, Oehling catalogue, telephone, fax, email, etc.). This right does not serve as a means of settling a complaint.
8.2 If the consumer decides to exercise this right, he must deliver the withdrawal no later than the 14th day after receipt of the goods. It is recommended to do so preferably in writing, which ensures in particular the demonstrability of the legal act performed, which cancels the contract.
8.3 The goods are sent to the address of the oehling.cz eshop: Fotoobchod, s.r.o., Mánesova 864, 33901, Klatovy. If the consumer delivers the goods to a different address, he/she will be overcharged for any increased shipping costs.
8.4 The consumer is obliged to return the goods complete, with full documentation, undamaged, clean, including the original packaging (not taped by the carrier and otherwise damaged), in the condition and value in which he/she received the goods. In the event that the returned goods are incomplete or damaged, the Seller may reduce the return purchase price by the corresponding amount. Administration, calls, communication for additional return of undelivered components will be charged at the rate of CZK 500,- excluding VAT/hour. (charged for each hour). When sending the goods back to the seller, we recommend that the buyer pack the goods in such a way that they are sufficiently protected against deterioration during transport.
8.5 The goods can also be exchanged for other goods and the amount paid will be credited. This will result in the cancellation of the original contract and the simultaneous conclusion of a new purchase contract. This does not affect the right of the buyer, who is a consumer, to withdraw from the contract within the meaning of section 53, paragraph 7 of the Civil Code for the newly purchased (exchanged) goods. The preceding paragraph of these T&C - 8.4 shall apply mutatis mutandis in such cases.
8.6 The money for the returned goods or financial compensation for the exchanged goods shall be refunded to the buyer within 30 days from the effective date of the buyer's withdrawal from the contract. When withdrawing from the contract, the consumer shall specify how he/she requires a refund of the purchase price. In case of additional payment for the exchanged goods, the buyer shall pay the difference upon receipt of the shipment.
8.7 In case of exchange of goods, we charge postage and packing costs (see terms and conditions of carriage).
8.8 Except where withdrawal is expressly agreed, the consumer cannot withdraw on the basis of section 53(7) of the Civil Code. from contracts
a) for the provision of services if the performance of the services has been commenced with the consumer's consent before the expiry of the period of 14 days from the receipt of the performance,
b) for the supply of goods or services whose price depends on financial market fluctuations independently of the will of the supplier,
c) for the supply of goods adapted to the consumer's wishes or for the consumer's person, as well as goods which are subject to perishability, wear and tear or obsolescence,
d) for the supply of audio and video recordings and computer programs if the consumer has damaged their original packaging,
e) for the supply of newspapers, periodicals and magazines,
f) consisting of a game or lottery.
8.9 Cancellation of a booked photography workshop less than 10 days before the workshop start date, the participant is obliged to pay a cancellation fee of 50% of the workshop price. In case of notification of non-participation on the day of the workshop and in the days following the workshop, the cancellation fee shall be 100% of the price.
8.10 If the buyer cancels the contract within 14 days according to § 1832, the buyer shall bear the costs of sending the goods back in accordance with the provisions of § 1820 para. 8.11 If the buyer withdraws from the contract within 14 days in accordance with section 1834, the buyer shall bear the full cost of the service performed; if the service is partially consumed, the buyer shall pay a pro rata portion of the cost
9. Customer service
For information about the status of your order or in case of questions, comments or complaints you can contact us at any time: Fotoobchod, s.r.o., Mánesova 864, 339 01 Klatovy, Czech Republic Tel: +420 376 326 777 Fax: +420 376 326 787 E-mail: email@example.com (more in the contact section).
10. Warranty, Complaint Conditions
10.1 All goods are warranted in accordance with applicable law. The warranty period is 24 months unless a longer period is specified by the manufacturer. The Seller shall be liable for defects in the goods on receipt and for defects in materials or workmanship which occur after receipt within the warranty period.
10.2 The warranty period shall be extended by the period during which the goods have been under warranty repair. In the event of replacement of the goods, the buyer receives a new warranty of 24 months, unless a longer warranty is provided by the manufacturer.
10.3 Depending on the nature of the defect, the consumer shall have the right, when exercising the warranty:
if the defect is removable, the right to free, proper and timely removal of the defect, the right to replacement of the defective goods or defective component, unless this is not disproportionate due to the nature of the defect. If such procedure is not possible, the consumer has the right to a reasonable discount on the purchase price or to withdraw from the purchase contract.
if the defect is irremovable and prevents the proper use of the goods, the right to replace the defective goods or to withdraw from the purchase contract.
if the defect is removable and occurs in a large number or repeatedly and prevents the proper use of the goods, the right to replace the defective goods or to withdraw from the purchase contract.
if other defects are irremovable and do not require replacement of the goods, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract.
10. 4 In the event that the item, when taken over by the buyer, has a defect of legal performance (hereinafter referred to as "defect of legal performance"), the buyer shall have the right to have the seller put the item into a condition corresponding to the purchase contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the buyer; if such procedure is not possible, the buyer may demand a reasonable discount from the price of the item or withdraw from the contract. This does not apply if the buyer knew of the legal defect or caused the legal defect before taking over the item. A legal defect which becomes apparent within six months of the date of acceptance of the goods shall be deemed to have existed at the time of acceptance, unless this is contrary to the nature of the goods or the contrary is proved.
Conformity with the contract of sale means, in particular, that the item sold is free from defects and that it has the quality and performance characteristics required by the contract, described by the seller or the manufacturer or expected on the basis of their advertising, or the quality and performance characteristics usual for an item of this kind, as well as that it conforms to the requirements of legal regulations and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.
10.5 In order to make a claim, the buyer should provide a copy of the invoice and the original warranty certificate, or prove the existence of a contract of sale by other appropriate means. The warranty cannot be invoked in cases where the goods have been damaged by unprofessional handling or the conditions of use specified by the manufacturer have not been observed.
10.6 To initiate a claim, a claim must be reported. The claim should be attached in writing to the goods claimed. The claimed goods must be delivered to the premises, the company's headquarters or an authorized service center (in this case, the claim event must be reported at the oehling.cz eshop premises). You can find out about the possibilities of sending the goods to an authorised service centre by calling +420 376 326 776 or by e-mail at firstname.lastname@example.org. (more in the contact section).
10.7 A written report of the defects found and the form of their removal is always required; we recommend that the buyer keep these confirmations for the duration of the warranty.
10.8 The seller will decide on the complaint immediately, in complex cases within 3 working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, shall be settled without undue delay, at the latest within 30 calendar days from the date of the complaint, unless the Seller and the Buyer agree otherwise.
10.9 The Seller shall issue the Consumer with a written confirmation of when the Consumer filed the complaint, what is its content and what method of its settlement is required. In addition, the Seller shall issue the Consumer with a confirmation of the date and manner of handling the claim, including confirmation of the repair and the duration of the repair. In the case of a rejected claim, the Seller shall issue the Consumer with a written justification for such rejection.
10.10 The Consumer shall be entitled to reimbursement of all necessary costs incurred in connection with the claim.
10.11 If the conditions for withdrawal from the contract for a reason on the part of the Seller are met, the Consumer shall be entitled to reimbursement of any consideration paid.
10. 12 The Seller may apply these Claims Conditions to the Buyer who is not a consumer, otherwise the rights arising from liability for defects are governed by the concluded contract and the Commercial Code.
10.13 The Czech Trade Inspection Authority is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.For more information, please visit www.coi.cz (Štěpánská 567/15, 120 00 Prague 2).
11. Prices, goods issued and invoicing
11.1 All prices are final and always include 21% VAT (10% VAT for books). If the goods are subject to a recycling fee, the fee is already included in the price of the product. Fotoobchod, s.r.o. reserves the right to change prices. If the price of the order increases, the buyer has the right to withdraw from the contract without any payment, the buyer will be notified of this possibility in such cases in advance.
11.2 Technical parameters and description of the issued goods are only indicative, according to the data supplied by the manufacturer, we are not responsible for their deviations and their changes are subject to change.
11.3 Corrections in the invoice are possible until the 10th of the following month and are made exclusively free of charge, the invoice will be sent to you in electronic form by e-maliem. Correction of the billing address from a natural person to a legal entity or business is not possible afterwards.
Description of the way of working and processing of your personal data can be found in Protection of personal data.
13. Final provisions
These T&C shall take effect on January 1, 2006. The Seller reserves the right to change them without prior notice.
The content of the information notice is:
-text as follows "According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the taxpayer is obliged to register the received sales with the tax administrator online; in case of a technical failure, then within 48 hours at the latest.", if the taxpayer registers sales in a given cash point in the normal mode,