TRADING CONDITIONS

of the company of
Fénix Film s.r.o.
registered seat at Skořepka 423/9, Staré Město, 110 00 Praha 1
identification number: 29143055
registered in the Commercial Register kept by the Municipal Court of Prague, section C, file no. 203570
for selling goods through e-commerce available at the following internet address http://www.freddiemercurysroyalrecipes.com/


1.    OPENING PROVISIONS

1.1.    These trading conditions (“trading conditions” bellow) of the company of Fénix Film s.r.o., registered seat at Skořepka 423/9, Staré Město, 110 00 Praha 1, Id. No.: 29143055, registered in the Commercial Register kept by the Municipal Court of Prague, section C, file no. 203570 (“seller” bellow) regulating in accordance with the provision of § 1751, paragraph 1, Law No 89/2012 Coll. of the Civil Code (“Civil Code” bellow) mutual rights and obligations of the contractual parties incurred associated or based on the purchase contract (“purchase contract” bellow) between the seller and any natural person other than the seller (“buyer” bellow) through e-commerce of the seller. The seller’s e-commerce operates on website available at the following internet address http://www.freddiemercurysroyalrecipes.com/ (“website” bellow) that is through the website interface (“e-commerce website interface” bellow). 
1.2.    Trading conditions shall not apply in cases where a person who intends to purchase goods from the seller is a juridical person or a person acting in terms of his/her business or any other professional activities when ordering goods. 
1.3.    Provisions diverging from the trading conditions may be laid down in the purchase contract. Any contractual arrangements in the purchase contract shall take precedence over the provisions of trading conditions. 
1.4.    These terms and conditions form an integral part of the purchase contract. The purchase contract and trading conditions are drawn up in English language. The contract may be concluded in the English language. 
1.5.    The seller is entitled to change or complete the trading conditions. This provision is without prejudice to the rights and obligations that have accrued at any time in effect of version of trading conditions.


2.    USER ACCOUNT

2.1.    Upon his/her registration on the website, the buyer can access his/her website interface. The buyer can order goods from the website interface (hereinafter referred to as “user account”). In the event that the website interface allows, the buyer may also order goods without registration directly from the e-commerce website interface.  
2.2.    Upon registration on the website and when ordering goods, the buyer is obliged to provide correct and true information. Upon any change, the buyer is obliged to update all information contained on his/her user account. The information given by the buyer on his/her user account and when ordering goods are considered as correct by the seller.
2.3.    Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access to the user account. 
2.4.    The buyer shall not allow to any third party use of his/her user account. 
2.5.    The seller may cancel the user account, particularly when the user account is not used for more than 6 months, or if the buyer breaches of any obligations under the purchase contract (including trading conditions). 
2.6.    The buyer acknowledges that the user account might not be accessible at all times, especially with regard to necessary maintenance of hardware and software of the seller, or to necessary maintenance of hardware and software of third parties. 
3.    CONCLUSION OF THE PURCHASE CONTRACT 
3.1.    Any presentation of goods available on the e-commerce website interface is of a purely informative nature and the seller is not obliged to conclude a purchase contract regarding the product. Provision of § 1732, paragraph 2 of the Civil Code does not apply. 
3.2.    E-commerce website interface shall contain information on goods, including indication of prices of individual goods and the cost of returning the goods if such goods cannot, by the virtue of their nature, ever be returned through the usual postal path. These prices of goods include both value added tax and all related procedural costs. Prices of goods shall remain valid only for as long as they are displayed on the e-commerce website interface. This provision is without prejudice to the right of the seller to conclude the purchase contract under individually negotiated terms. 
3.3.    E-commerce website interface shall also include information on packing and delivery costs. Information on packing and delivery costs referred to the e-commerce website interface only applies to the goods delivered within the Czech Republic.
3.4.    The buyer shall be required to complete an order form on his/her e-commerce website interface when ordering goods. The order form shall contain information in particular relating to:
3.4.1.    Ordered goods (the buyer “introduces” the ordered goods into an electronic shopping cart available on the e-commerce website interface);
3.4.2.    method of the purchase price payment for the goods, information on form of delivery of the ordered goods; and 
3.4.3.    information on delivery costs (hereinafter jointly referred to as an “order”).
3.5.    Prior to sending the order to the seller, the buyer may check and amend the information introduced into the order, possibly including detecting and correcting errors incurred in information input into the order. The buyer sends the order to the seller by clicking on the “PURCHASE “ button. The information referred to in the order is considered as correct by the seller. The seller should acknowledge receiving the order to the buyer by e-mail without delay, namely to the e-mail address of the buyer provided on his/her user account or in the order (hereinafter referred to as “e-mail address of the buyer”). 
3.6.    The seller is always to be, depending on the nature of the order (quantity of the goods, purchase price, estimated transport costs), entitled to ask the buyer for additional confirmation of the order (for example in writing or by telephone). 
3.7.    Contractual relationship between the seller and the buyer arises by receiving the order acceptance sent by the seller to the buyer by e-mail, and thus to the e-mail address of the buyer. 
3.8.    The buyer supports the use of means of distance communication to conclude a purchase contract. Any costs incurred to the buyer when using means of distance communication related to conclusion of the purchase contract (cost of an internet connection, telephone costs) shall be borne by the buyer, and they do not differ from the standard rate.


4.    THE PRICE OF THE GOODS AND PAYMENT CONDITIONS 

4.1.    The price of the goods and any delivery costs incurred by the purchase contract are paid by any of the following payment methods:

4.2.    Together with the purchase price, the buyer shall pay packing and delivery costs to the seller for a specific amount given. Unless otherwise expressly agreed, the purchase price includes the delivery costs. 
4.3.    The buyer is not obliged to pay an advance or any other similar payment. This is without prejudice to the provision of the Article 4.6 of trading conditions and the advance payment bond of the purchase price of goods. 
4.4.    The seller is entitled to require payment of the full purchase price before the goods are sent to the buyer. Therefore, provision of § 2119, paragraph 1 of the Civil Code shall not apply. 
4.5.    Any discounts of the price of goods provided by the seller to the buyer may not be combined with any other discounts. 
4.6.    If it is customary in the course of trade, or when provided by generally binding legal rules, the seller is, in respect of payments resulting from the purchase contract, obliged to provide an invoice to the buyer. The seller is the payer of value added tax. The invoice is provided by the seller to the buyer after payment of the price of goods has been realized, and the invoice is subsequently sent to the e-mail address of the buyer.

 
5.    WITHDRAWAL FROM THE PURCHASE CONTRACT 

5.1.    The buyer acknowledges that, in accordance with provision of § 1837 of the Civil Code, he/she cannot inter alia withdraw from purchase contract on delivery of goods that has been modified according to the wishes of the buyer or that was meant to for his person, from the purchase contract on delivery of perishable goods, including goods, that has been inseparably mixed with other items after delivery, from purchase contract of delivery of goods in sealed package, that has been removed for health reasons by a consumer and that cannot be returned, and from purchase contract of delivery of audio or visual recording as well as of a computer program if the original package has been damaged.
5.2.    Unless referred to the Article 5.1 of trading conditions or any other case when the buyer cannot exercise his/her right of withdrawal in respect of the purchase contract, in accordance with provision of § 1829, paragraph 1 of the Civil Code has the buyer a right to withdraw from the purchase contract that is within fourteen (14) days after receipt of goods while in case where multiple goods or the supply of several items covered by the purchase contract, this period shall be with effect from the day of final receipt of goods. Withdrawal from the purchase contract shall be sent to the seller within a period referred to in the previous sentence. The buyer may use a model form of withdrawal from the purchase contract provided by the seller that is annexed to trading conditions. The buyer may address the withdrawal from the purchase contract inter alia to an establishment of the seller or to the e-mail address of the seller: eshop@fenixfilm.cz
5.3.    In case of withdrawal from the purchase contract in accordance with Article 5.2 of trading conditions, the purchase contract is repealed with effect. Goods shall be returned to the seller within fourteen (14) days from the day of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer should bear any costs related to returning goods to the seller, the case when the goods, by reason of their nature, cannot be returned by using its usual postal services included. 
5.4.    In case of withdrawal from the purchase contract in accordance with the Article 5.2 of trading conditions, the seller is obliged to reimburse the received payments within fourteen (14) days from the day of withdrawal from the purchase contract by the buyer, and in the same payment method that has been used by the buyer. The seller is also entitled to reimburse the performance provided by the buyer when returning the goods or else, if the buyer agrees and unless it involves extra expenditure for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to reimburse the received payments to the buyer before the buyer returns the goods in question to the seller or not before the buyer provides that he has sent the goods to the seller. 
5.5.    The seller is entitled to set a claim to damage caused on goods against a claim of the buyer to refund the purchase price unilaterally.
5.6.    In case of accordance with provision of § 1829, Directive 1 of the Civil Code, when the buyer has a right to withdraw from the purchase contract, the seller may also withdraw from the purchase contract at any time before a receipt of goods by the buyer. In such a situation, the seller shall reimburse the purchase price to the buyer without undue delay, and by cashless payment to the account designated by the buyer. 
5.7.    If a gift is carried together with the goods to the buyer, a gift agreement between the seller and the buyer is concluded with a cancellation clause that signifies, in case of withdrawal from the purchase contract by the buyer, the expiry of the measures of the gift agreement in force, and the buyer is then obliged to return the gift, together with the goods, to the seller.

 
6.    TRANSPORT AND DELIVERY OF GOODS

6.1.    In case when the mode of transport is agreed on a special request by the buyer, the buyer should bear the risk and any additional costs related to this mode of transport. 
6.2.    In case where the seller is, in accordance with the purchase contract, obliged to deliver the goods to the place of delivery designated by the buyer in the order, the buyer is obliged to take delivery of the goods.  
6.3.    If it is necessary to supply the goods repeatedly or by other means of delivery than claimed in the order, and if is on the buyer’s responsibility, the buyer is obliged to recover any costs regarding the redelivery of goods, or all the costs related to the other means of delivery. 
6.4.    The buyer shall check the integrity of the package of goods when taking the delivery from a carrier and he/she should declare any defects to the carrier without delay. The buyer is not obliged to accept the goods when finding the packaging defective as a result of an illegal entry into the goods. 
6.5.    Any other rights and obligations of parties when supplying the goods may be set by imposing special delivery conditions in case that there are such conditions issued by the seller. 


7.    THE RIGHTS FROM DEFECTIVE PERFORMANCE

7.1.    The rights and obligations of contractual parties concerning the rights from defective performance are abiding by related general legal provisions (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Law No 634/1992 Coll., to respect the consumer, as amended). 
7.2.    The seller has a responsibility to the buyer that goods do not have defects at a moment of acceptance. In particular, the seller is responsible to the buyer, at a moment upon a receipt by the buyer, that: 
7.2.1.    goods have the qualities that have been negotiated by the parties, and if this agreement is missing, the goods have qualities that the seller or a producer has mentioned, or those that the buyer has been expecting with respect to the nature of the goods and on the basis of commercials performed by them; 
7.2.2.    goods are suitable for the purpose that is stated by seller or the purpose on which the goods of this nature are usually used for; 
7.2.3.    goods are in the quality or performance agreed in the design or template as in case that quality or performance was determined by agreed design or template; 
7.2.4.    goods are in the corresponding amount, measure or weight; and
7.2.5.    goods are considered as satisfying to the requirements in legislation. 
7.3.    Provisions referred to the Article 7.2 of trading conditions will not be used on goods sold for lower price on the defect, for which the lower price has been agreed for the reasons of wear caused by its casual use, on used goods on the defect that reflects the usage or a level of wear of goods related to the moment of acceptance of the goods by the buyer; or as it has been required by the nature of goods. 
7.4.    If the defect appears within six months from acceptance of goods, it is presumed that the goods had been defective on the day of acceptance. The buyer is entitled to exercise his/her right from defective performance that appears on consumer goods within twenty-four months from acceptance. 
7.5.    Rights from detective performance are applied by the buyer on the seller on the address of the seller´s place of establishment where the acceptance of complaint can be realized with respect to range of sold goods and alternatively in registered seat or place of business. 
7.6.    Any other rights and obligations of parties relating to liability of the seller for the defective goods may be adjusted by complaint code of the seller.


8.    OTHER RIGHTS AND OBLIGATIONS OF CONTRACTUAL PARTIES 

8.1.    The buyer becomes an owner of the goods by paying the full purchase price for the goods. 
8.2.    The seller is not obliged with any codes of behavior concerning § 1826 paragraph 1 lett. e) of the Civil Code in any relationship with the buyer. 
8.3.    The extrajudicial entity eligible to solve the consumer´s dispute from the purchase contract is the Czech trade inspection, based at Štěpánská 567/15, 120 00 Prague 2, No.: 000 20 869, internet address: http://www.coi.cz. 
8.4.    The seller is entitled to sell goods on the basis of his/her trade certificate. Trade control is provided by the competent Trade Office. Supervision of protection of personal data is provided by the Personal Data Protection Office. The Czech trade supervise inter alia compliance with the Act No 634/1992 Coll., to respect the consumer, as amended, within a defined range. 
8.5.    The buyer accepts the risk of the change of circumstances the conditions used in the way of § 1765, paragraph 2 of the Civil Code. 


9.    PROTECTION OF PERSONAL DATA

9.1.    Protection of personal data of the buyer, who is a natural person, is provided by the Law No 101/2000 Coll., on protection of personal data, as amended. 
9.2.    The buyer agrees with processing his/her personal data: name and surname, address of residence, delivery address, identification number, the tax identification number, e-mail address and telephone number (hereinafter jointly referred to as “personal data”). 
9.3.    Unless he/she chooses another option, the buyer agrees with processing the personal data by seller as well as for purchase of sending information and commercial communications to the buyer. Consent to the processing the personal data in accordance with the article in its entirety is not a condition that would prevent the conclusion of the purchase contract by itself. 
9.4.    The buyer notes that/she he is obliged to provide true and correct personal data (on registration, on his/her user account, in case of the order made from the e-commerce website interface) and he/she is also obliged to inform the seller about the change of his/her personal data without undue delay. 
9.5.    The seller is authorized to delegate the processing of the buyer’s personal data on a third person, as a processor. The seller will not transfer the personal data of the buyer to any third person without the prior consent, with the exception of a person providing transport of goods. 
9.6.    Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form, and it will be processed automatically or manually in paper version. 
9.7.    The buyer confirms that provided personal data is accurate and that he/she has been informed that personal data is provided on a voluntary disclosure. 
9.8.    If buyer sees that the seller or a processor (Article 9.5.) processes the buyer’s personal data in contrary to protection of personal and private life of the buyer or unlawfully, especially if the personal data is not accurate with regard to the purpose of its processing, the buyer is authorized to:
9.8.1.    request explanations from the seller or the processor; 
9.8.2.    request removing this state by the seller or by the processor. 
9.9.    If the buyer requests information on processing of his/her personal data, the seller is obliged to provide this kind of information. The seller is authorized to require reasonable compensation that not exceeds the necessary providing costs for providing such an information. 


10.    SENDING COMMERCIAL COMMUNICATIONS AND THE STORAGE OF COOKIES

10.1.    The buyer agrees to receive information related to goods, services or the seller's company to the buyer's e-mail address and shall agree to receive commercial communications of the seller to the buyer's e-mail address. 
10.2.    The buyer agrees with cookie policy. If it is possible to proceed the purchase on the website and if it is possible to meet the seller’s obligations under the purchase contract without the storage of cookies to the buyer’s computer, the buyer may decide to withdraw the approval in accordance with the previous sentence at any time.

 
11.    DELIVERY

11.1.    For the buyer, the delivery should be to his/her e-mail address. 


12.    FINAL PROVISIONS

12.1.    If the relationship under the purchase contract contains an international (foreign) element, the parties agree on governing the contract by the Czech law. This is without prejudice to the rights of a consumer resulting from general binding rules. 
12.2.    If any provision under trading conditions is invalid or inefficient, or if it becomes so, another valid provision that most closely approximates the invalid provision will be performed. Neither invalidity or inefficiency of a provision affects validity of other provisions. 
12.3.    The purchase contract including trading conditions shall be archived by the seller in electronic form and shall not be available. 
12.4.    The model form of withdrawal from the purchase contract is annexed to trading conditions. 
12.5.    The contact details of the seller: address: Fénix Film s.r.o., Skořepka 9, 110 00, Prague 1, Czech Republic, e-mail address eshop@fenixfilm.cz, telephone +420 775 38 60 78.

In Prague, on 6th September 2016

 

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MODEL FORM OF WITHDRAWAL FROM THE PURCHASE CONTRACT

Fénix Film s.r.o.
registered seat at Skořepka 423/9, Staré Město, 110 00 Praha 1
identification number: 29143055
registered in the Commercial Register kept by the Municipal Court of Prague, section C, file no. 203570
email: eshop@fenixfilm.cz

Let me inform you that I am withdrawing from the contract on purchase of:

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Date of the order:

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Name and surname of the buyer:

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Address of the buyer:

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Signature of the buyer:
(only in case the form is sent as a paper document) 


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Date

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