TERMS & CONDITIONS
- INITIAL PROVISIONS
1.1 These Terms & Conditions (hereinafter referred to as “Terms & Conditions”) of the trading company Pity not to buy s.r.o., based in Viktora Huga 11, Praha 5, 150 00, CRN: 14209357, registered in the Commercial register maintained at the Regional Court in Prague, Section C 362097, (hereinafter referred to as “Seller”) regulate in accordance with the provision of Section 1751 Subs. 1 of the Act no. 89/2012 Coll., Civil Code (hereinafter referred to as “Civil Code”) mutual rights and obligations of the contracting parties established in connection with or based on a purchase contract (hereinafter referred to as “Purchase contract”) concluded between the Seller and another natural person or legal subject (hereinafter referred to as “Purchaser”) through the internet shop of the Seller. The internet shop is operated by the Seller on a website located at the internet address www.pitynottobuy.com (hereinafter referred to as “Website”), namely via the interface of the Website (hereinafter referred to as “Web Interface of the Shop”).
1.2 Provisions differing from the Terms & Conditions can be negotiated in the Purchase contract. The differing provisions of the Purchase contract have priority over the provisions of the Terms & Conditions.
1.3 The provisions of the Terms & Conditions are an inseparable part of the Purchase contract. The Purchase contract and the Terms & Conditions are drawn up in the Czech language. The Purchase contract can be concluded in the Czech language.
1.4 The Seller can change or amend the text of the Terms & Conditions. This provision does not affect the rights and obligations established while a previous version of the Terms & Conditions was being effective.
- 2. USER ACCOUNT
2.1 Following a registration on the Website, the Purchaser can access their user interface. From their user interface (hereinafter referred to as “User account”), the Purchaser can order goods. The Purchaser can also order goods without a registration, directly from the Web Interface of the Shop.
2.2 While registering on the Website and while ordering goods, the Purchaser is obliged to provide all details correctly and truthfully. Upon any change of the details within the User account, the Purchaser is obliged to update these before completing their purchase at the latest. The details provided by the Purchaser within their User account and while ordering goods are automatically deemed correct.
2.3 The access to the User account is secured by a user name and a password, or by access via external login services Google or Facebook. The Purchaser is obliged to keep the information required to access their User account confidential.
2.4 The Seller reserves the right to cancel a User account at any time, in case the Purchaser violates their obligations deriving from the Purchase contract (including the Terms & Conditions) or if the Seller deems it appropriate or necessary.
2.5 The Purchaser takes note that their User account may not be available uninterruptedly, especially in regard to the necessary maintenance of the Seller´s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties respectively.
- CONCLUDING A PURCHASE CONTRACT
3.1 Presentation of all types of goods located in the Web Interface of the Shop is of an indicative nature only and the Seller is not obliged to conclude a Purchase contract for these goods. The provision of Section 1732 Subs. 2 of the Civil Code shall not apply.
3.2 The prices of goods are published including all related fees. The Seller is not a VAT registered company. The prices of goods remain valid for the period during which they are displayed in the Web Interface of the Shop. This provision does not restrict the Purchaser´s opportunity to conclude a Purchase contract under individually agreed conditions.
3.3 Also, the Web Interface of the Shop contains information about the costs related to packaging and delivering goods to all countries which we are shipping to.
3.4 To order goods, the Purchaser is required to fill out the order form in the Web Interface of the Shop. The order form contains especially information about:
- 3.4.1 the goods being ordered (the Purchaser is to “add” the ordered goods to the electronic shopping cart of the Web Interface of the Shop),
- 3.4.2 the payment method for paying the purchase price of the goods, information about the requested delivery method of the goods ordered, and
- 3.4.3 information about the costs related to delivering the goods (hereinafter together referred to as “Order”).
3.5 Before submitting an Order to the Seller, the Purchaser is allowed to check and edit the details which they entered into their Order, between others to allow the Purchaser to find and correct mistakes they may have made when entering data into the Order. The Purchaser submits the Order to the Seller by clicking the “Submit the Order” button. The details provided in the Order are automatically deemed correct by the Seller. Upon receipt of the Order, the Seller shall without delay confirm its receipt to the Purchaser by electronic mail, namely to the electronic mail address of the Purchaser provided in their User account or in the Order (hereinafter referred to as “Electronic address of the Purchaser”).
3.6 Depending on the nature of the Order (amount of goods, purchase price, estimated shipping costs), the Seller is always entitled to request an additional confirmation of the Order from the Purchaser (e.g., in writing or by making a phone call).
3.7 The contractual relationship between the Seller and the Purchaser arises at the moment of delivering an acceptance of the Order, which is sent by the Seller to the Purchaser via electronic mail to the Electronic address of the Purchaser, which they have provided in the Order.
3.8 For concluding the Purchase contract, the Purchaser agrees to use distance communication tools. Any costs incurred by the Purchaser relating to using distance communication tools in connection with concluding the Purchase contract (internet connection costs, phone call costs, etc.) are covered by the Purchaser themselves, while these costs do not differ from the basic rate.
- PRICE OF THE GOODS AND PAYMENT CONDITIONS
4.1 The price of the goods and potential costs relating to the delivery of the goods according to the Purchase contract can be paid by the Purchaser to the Seller the following ways:
- 1.1 cashless transfer to the account of the Seller, opened at the company Fio banka, a.s. (hereinafter referred to as “Seller´s account”); If you are paying using the bank transfer method, kindly pay the purchase price of the goods entering the correct variable symbol/reference of the payment, which is the number of the Order. If you do not enter this variable symbol, it may result in the payment of the purchase price of the goods not getting paired with the Purchase contract and thus in not dispatching the goods to you in time.;
- 4.1.2 cashless payment by payment card.
4.2 Together with the purchase price, the Purchaser is obliged to pay for the Seller´s expenses related to packaging and delivering the goods amounting to the agreed amount. Unless explicitly stated otherwise, the purchase price is further understood as the purchase price including the costs related to delivering the goods.
4.3 If the Purchaser orders a higher than usual amount of goods or goods for a total price exceeding the amount of 10,000.00 CZK, the Seller can request a deposit payment from the Purchaser. This is without prejudice to the provision of the article 4.6 of these Terms & Conditions about the obligation to pay the purchase price of goods in advance.
4.4 In case of a cashless transfer to the account, the purchase price payment is due within 7 days from concluding the Purchase contract.
4.5 The Purchaser is obliged to pay the purchase price of the goods while providing the variable symbol / reference for the payment at the same time. The Purchaser’s obligation to pay the purchase price is fulfilled at the moment of the full amount being credited to the Seller´s account.
4.6 The Seller and the Purchaser have agreed that a full payment of the purchase price shall be made before the goods are dispatched to the Purchaser.
4.7 Potential discounts from the goods´ price provided by the Seller to the Purchaser cannot be mutually combined.
4.8 In connection with payments made on the basis of the Purchase contract, the Seller shall issue an invoice to the Purchaser. The invoice shall be issued to the Purchaser by the Seller following the completion of the payment of the purchase price and shall be sent electronically to the Electronic address of the Purchaser.
4.9 According to the Records of Sales Act, the Seller is obliged to issue the Purchaser a receipt. At the same time, they are obliged to record the accepted sales at the tax administrator online; in case of a technical outage in 48 hours at the latest.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 A Purchaser who is a consumer, i.e., a person who is concluding the Purchase contract outside of the scope of their business or of any other similar gainful occupation has the right to withdraw from the Purchase contract within 14 days immediately following the delivery of the goods; in case the subject of the Purchase contract are several types of goods or in case of delivering several parts, the period starts from the day of taking delivery of the goods. This section of these Terms & Conditions applies only to consumer. According to this section, however, there are certain cases when the Purchaser – consumer does not have the right to withdraw from the Purchase contract. The Purchaser takes note that according to the provision of the Section 1837 of the Civil Code, a Purchase contract for delivery of goods which have been adjusted upon request of the Purchaser or their person cannot be withdrawn.
5.2 Withdrawal from the Purchase contract must be made within 14 days from delivery of the goods. For withdrawal from the Purchase contract, the Purchaser can use the sample form provided by the Seller, which is attached to the Terms and Conditions. The Purchaser may send the withdrawal from the Purchase contract, inter alia, to the Seller's business address or to the Seller's electronic mail address toje(na)skodanekoupit(tecka)cz. The Purchaser may also withdraw from the contract in any other sufficiently clear manner addressed to the Seller.
5.3 In case of a withdrawal from the Purchase contract, the Purchase contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal. In case the Purchaser withdraws from the Purchase contract, they bear the costs related to returning the goods to the Seller, which applies even in case when due to their nature the goods cannot be returned using regular postal means of transport.
5.4 In case of a withdrawal from the Purchase contract, the Seller shall return the financial resources accepted from the Purchaser including the costs of shipping the goods from the Seller to the Purchaser, namely within fourteen (14) days from withdrawing from the Purchase contract by the Purchaser, that is electronically by a transfer to the Purchaser´s account. In case the Purchaser withdraws from the Purchase contract, the Seller in not obliged to return the financial resources accepted from the Purchaser until the Purchaser returns the goods or proves that they have dispatched the goods to the Seller. Shipping costs are returned by the Seller only to the limit of the cost of the cheapest means of transport that the Seller offers.
5.5 In cases where the Purchaser has the right to withdraw from the Purchase contract, the Seller has the right to withdraw from the Purchase contract at any time as well, namely until the time the goods are received by the Purchaser. In such case, the Seller shall return the purchase price to the Purchaser including shipping and packaging costs, without undue delay, namely cashless to an account determined by the Purchaser or to the account from which the money was received. The Seller shall send a notification of withdrawing from the Purchase contract to the Purchaser to the Electronic address of the Purchaser.
5.6 In case that together with the goods the Purchaser receives a gift, the donation agreement between the Seller and the Purchaser is concluded including a cancellation clause which states that should a Purchase contract be withdrawn by the Purchaser, the donation agreement concerning such gift ceases to apply and that together with the goods, the Purchaser is obliged to return to the Seller the gift received as well.
- SHIPPING AND DELIVERING GOODS
6.1 In case that according to the Purchase contract the Seller is obliged to deliver the goods to a place specified by the Purchaser in the Order, the Purchaser is obliged to receive the goods upon delivery.
6.2 If due to reasons on the level of the Purchaser it is necessary to deliver the goods repeatedly or using a method other than the one stated in the Order, the Purchaser is obliged to pay the costs related to the repeated delivery of the goods or the costs related to using a different delivery method respectively. In such case, the Purchaser is obliged to pay these costs within maximum 14 days from being notified by the Seller, namely to an account number stated by the Seller in the notification.
6.3 The Seller is asking the Purchaser that when taking delivery of their goods from the shipping provider, the Purchaser should check whether the packaging of the goods is intact and in case of any defects to report this immediately to the shipping provider. In case it is evident that the damage has been caused by an unauthorised intrusion into the shipment, the Purchaser may decide not to accept the shipment from the shipping provider.
6.4 The Purchaser accepts that the goods are made into the final product only after being ordered by the Purchaser. The delivery time is displayed on the product card and is indicative. The delivery time can lengthen in case of unexpected events as well as in case the Seller or the suppliers of the Seller run out of components necessary to manufacture the goods, of which the Seller always informs the Purchaser, and if the Purchaser is not interested in the late delivery of the goods, they can withdraw from the Purchase contract.
6.5 The Seller can wilfully decide to divide the Order and deliver the ordered goods as individual products. In such case, the Seller undertakes to bear the costs related to a repeated delivery, unless stated otherwise for those goods.
6.6 The Seller can delay the delivery of the goods in case of force majeure (e.g., natural disasters, death, war, alien attack, accidents, cybernetic attacks, illnesses etc.). In the event of force majeure, the Seller shall not be liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, the Seller shall be entitled to withdraw from the Purchase contract.
6.7 The Seller reserves the right to withdraw from the Purchase contract in case that the ordered goods are not in stock and will not be stocked within 30 days from the conclusion of the Purchase contract. This delivery period does not apply to goods for which a longer delivery period is explicitly stated in the Web interface of the shop.
- RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The Seller guarantees the Purchaser that the goods have no defect when received. Especially, the Seller guarantees the Purchaser that at the time when taking delivery of the goods:
- 7.1.1 the goods have the qualities which the parties have agreed upon and, if an agreement is missing, that the goods have the qualities the Seller or the manufacturer have described, or which the Purchaser with regards to the nature of the goods and based on the advertising done by the Seller expected the goods to have,
- 7.1.2 the goods are convenient for the purpose as declared by the Seller or for which such type of goods is usually used,
- 7.1.3 the quality and design of the goods match the agreed sample or model, if the quality and design were determined by an agreed sample or model,
- 7.1.4 the goods are in appropriate amounts, quantity, or weight, and
- 7.1.5 the goods comply with the requirements of legal regulations.
7.2. If the Purchaser is a consumer, the Seller takes over the responsibility for defects arising within the guarantee period of 24 months from taking delivery of the goods, unless a different guarantee period is stated.
7.3 The provisions stated in the article 7.1 of the Terms & Conditions do not apply to goods sold for a lower price due to a defect due to which the lower price was agreed, due to wear and tear of the goods caused by their regular use, nor to used goods containing a defect appropriate to the extent of usage or wear and tear at the time when being accepted by the Purchaser, nor if it arises from the nature of the goods.
7.4 The Purchaser exercises the rights from defective performance with the Seller at the address of the Seller´s business.
7.5 Goods, which according to the Purchaser´s opinion contain a defect, shall be sent by the Purchaser together with the warranty claim form to the given address of the Seller. Kindly note that due to technical reasons, we are unable to receive goods returned via reimbursement.
7.6 The warranty claim form or the accompanying letter to the warranty claim exercised must necessarily contain the following:
- 7.6.1 contact details of the Purchaser, description of the defect, and a description of how the Purchaser requires the warranty claim be processed;
- 7.6.2 proof of purchase of the goods (ideally attaching the invoice of the particular purchase).
7.7 The goods should be packed suitably to avoid damage during transport, must be clean, and complete. Should this requirement not be met, then we are not obliged to process the warranty claim and we will send the goods back to you at your own cost.
7.8 If the Purchaser is a consumer, when making a warranty claim, they will receive a written confirmation - a complaint report via email, which serves as evidence in settling the claim. The complaint report contains information on when the claim was filed, what its content is, what method of settlement the Purchaser requires.
7.9 If the Purchaser is a consumer and the defect becomes apparent within six months from receipt, the goods shall be deemed to have been defective already upon receipt. Otherwise, the Purchaser is entitled to exercise the rights arising from a defect occurring in consumer goods within 24 months from receipt.
7.10 If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods, or in advertising in accordance with other legal regulations, the provisions on the guarantee of quality shall apply if the Purchaser is a consumer. By guaranteeing quality, the Seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time.
7.11 If the Purchaser has rightfully complained about a defect in the goods, the period for exercising rights from defective performance and the guarantee period shall not run for the time during which the Purchaser cannot use the defective goods.
7.12 The guarantee and the claim for liability for defects do not apply to:
- 12.1 wear and tear of the goods through normal use;
- 12.2 used goods where the defect corresponds to the degree of wear and tear;
- 12.3 defects which the Purchaser knew about or which they themselves have caused, e.g., if they tore part of the garment.
7.13 During the guarantee period, the Purchaser may file a complaint and, at their discretion, in case of a defect that constitutes a major breach of the Purchase contract (regardless of whether the defect is removable or non-removable) require:
- 13.1 that the defect be removed by delivering a new item without any defects or by delivering the missing item;
- 13.2 that the defect be removed by repair free of charge;
- 13.3 a reasonable discount on the purchase price; or
- 13.4 refunding the purchase price based on a withdrawal from the Purchase contract.
7.14 A major breach is such a breach of the Purchase contract of which the breaching party already knew at the time of concluding the Purchase contract or of which the breaching party must have known that it would result in the other party not concluding the Purchase contract, had they foreseen the breach.
7.15 In case of a defect that constitutes a minor breach of the Purchase contract (regardless of whether the defect is removable or irremovable), the Purchaser is entitled to have the defect removed or to a reasonable discount from the purchase price.
7.16 If a removable defect has occurred repeatedly after being repaired (usually the third claim for the same defect or the fourth one for different defects) or if the goods have a greater number of defects (usually at least three defects at the same time), the Purchaser has the right to claim a discount on the purchase price, have the goods exchanged, or withdraw from the Purchase contract.
7.17 Liability rights for defects in the goods are exercised with the Seller.
7.18 When making a warranty claim, the Purchaser is obliged to inform the Seller about which right they have chosen. A change of choice without the Seller's consent is only possible if the Purchaser has requested repair of a defect which turns out to be irremovable. Shall the Purchaser not choose their right from a major breach of the Purchase contract in time, they shall have the same rights as in case of a minor breach of the Purchase contract.
7.19 If repair or replacement of the goods is not possible, the Purchaser may require a full refund of the purchase price based on a withdrawal from the Purchase contract.
7.20 If the Seller proves that the Purchaser knew of the defect in the goods prior to acceptance or if they caused it themselves, the Seller is not obliged to allow the Purchaser's claim.
7.21 An obstacle caused by force majeure shall not be considered a defect in performance.
7.22 If the Purchaser is a consumer, the Seller shall immediately, or in more complex cases within three working days at the latest, decide on the Purchaser's warranty claim or as the case may be whether a professional assessment is required for the decision to be made. In case the Seller is to inform the Purchaser about the need for professional assessment, the same period applies.
7.23 If the Purchaser is a consumer, the Seller shall process the warranty claim, including the removal of the defect, without undue delay, at the latest within 30 days from submitting the claim, unless a longer period is agreed with them in writing. After the expiry of this period, the Purchaser have the same rights as if it were a major breach of the Purchase contract. The Seller shall send to the Purchaser an electronic confirmation of the date and method of handling the claim, a confirmation of the repair and the duration of the claim, or inform them about the reasons for rejecting the claim. The warranty period shall be extended by the time from submitting the complaint until the claim has been settled or until the time the Purchaser were obliged to collect the goods.
7.24 If the Purchaser is an entrepreneur, then the Seller shall decide on their warranty claim or whether a professional assessment is needed to make a decision as soon as possible. Within a reasonable period of time, the Seller will assess your claim and send the Purchaser a written confirmation of the date and method of handling the claim, confirmation of the repair, and the duration of the claim, or the reasons for rejecting the claim.
7.25 As a consumer, you are entitled to be reimbursed for the costs reasonably spent on making a warranty claim, such costs being understood to be the lowest possible. You must apply for reimbursement of these costs without undue delay, but no later than one month after the end of the period for exercising your rights from defective performance, otherwise you may not be reimbursed. As an entrepreneur, you do not have this right. Further rights and obligations of the parties relating to the Seller's liability for defects may be regulated by the Seller's warranty claim policy.
- FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 The Purchaser receives possession of the goods by paying the full purchase price of the goods.
8.2 In relation to the Purchaser, the Seller is not bound by any codes of conduct as provided by the Section 1826 Subs. 1 Letter e) of the Civil Code.
8.3 If the Purchaser is a consumer, they have the right to an out-of-court settlement of a consumer dispute under the Consumer Protection Act. Besides, you can contact the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr(na)coi(tecka)cz, web: adr.coi.cz). If the dispute cannot be resolved directly with the retailer, a resolution will be initiated only at the consumer's request. The consumer may submit an application within 1 year from the date on which they exercised their right with the Seller for the first time. An out-of-court resolution of the dispute can also be initiated online via the ODR platform available here: ec.europa.eu/consumers/odr/.
8.4 The Seller is entitled to selling goods based on a trade licence. Trade controlling is carried out, within the scope of their authority, by the relevant Trade Licensing Office. Supervision in the area of personal data protection is carried out by The Office for Personal Data Protection. Within the defined range, the Czech Trade Inspection Authority supervises, between others, compliance with the Act no. 634/1992 Coll., Consumer Protection Act, as amended.
8.5 The Purchaser hereby takes over the risks of change of circumstances in the meaning of the Section 1765 Subs. 2 of the Civil Code.
- PERSONAL DATA PROTECTION
9.1 Delivery to the Electronic Mail Address of the Purchaser is possible.
- 10. FINAL PROVISIONS
10.1 If the relationship established by the Purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by the Czech law, in particular the Act No. 89/2012 Coll., the Civil Code, as amended, and the Act No. 634/1992 Coll., on Consumer Protection, as amended. This is without prejudice to the consumer's rights under generally binding legislation.
10.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid/ineffective provision shall be replaced by a provision whose meaning is the most similar to the meaning of the provision becoming invalid/ineffective. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.3 The Purchase contract including the Terms & Conditions is archived by the Seller electronically.
10.4 Annexed to the Terms & Conditions is a sample form for withdrawal from the Purchase contract.
10.5 Contact details of the Seller: Delivery address Pity not to buy s.r.o., Viktora Huga 11, Praha 5, 150 00, Czech Republic, electronic mail address toje(na)skodanekoupit(tecka)cz.
10.6 The Seller shall not be liable for errors resulting from third party interference with the Web Interface of the Shop or from using it contrary to its intended purpose.
10.7 The Seller may change or amend the wording of the Terms and Conditions; the Purchaser can always find the current wording in the Web Interface of the Shop. This provision does not affect the rights and obligations arising during the validity of the preceding version of the Terms and Conditions. Prague, 25th May 2022
This English translation is an unofficial version of the Czech version of the Terms & Conditions effective from 25th May 2022. The translation is for information purposes only.