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Terms and Conditions

These Terms and Conditions (hereinafter as the „T&Cs“), according to the Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter as the „Civil Code“), regulate the mutual rights and conditions of the contractual parties, arising in connection with or under the Purchase Agreement between papelote s.r.o. (hereinafter as the „Seller“) and an individual (hereinafter as the „Buyer“) via Seller’s online store (hereinafter as the „Purchase Agreement“). The online store is run by Seller on a website located under domain name www.papelote.eu  through web interface. All customers are strongly advised to make themselves familiar with the T&Cs and our Warranty Claim Guidelines prior to ordering goods.

  1. General Provisions

Seller

Papelote s.r.o., Company Registration Number: 289 44 895, with its registered seat at Vojtěšská 241/9, 110 00 Praha 1, is a company registered in the Commercial Register of the Municipal Court in Prague, file no. C 154878, selling stationery products.

Buyer

Buyer is aware that by purchasing products offered by Seller, Buyer does not gain any right to use the registered brands, business names, company logos or patents of Seller or other companies, unless otherwise agreed in a special contract concerning a specific case.

When commencing a business relationship, Buyer provides only his contact details necessary for processing the order smoothly, possibly also details he would like to include on the invoice. Legal relationships not explicitly regulated in these T&Cs are governed by respective provisions of the Civil Code, and relevant legislation.

A separate contract between Buyer and Seller takes precedence over these T&Cs.

  1. Ordering System

Ordering of goods and services is done via an electronic order (hereinafter as the „Order“) on www.papelote.eu (hereinafter as the “Online Shop”).

It is possible to place an order 24 hours a day, 7 days a week.

Preparation for dispatch refers to the time necessary to handle all the details relating to the handover of the ordered goods to the carrier chosen by Buyer.

Dispatch (of the goods ordered) refers to the handover of the goods ordered from Seller to the carrier.

Goods are dispatched on Mondays, Wednesdays, and Fridays. For shipping on that day, the Order must be received by 12:00 noon the day before.

All Orders made via Online Shop are binding. By placing an order, Buyer confirms that he has read these T&Cs and that he agrees with them.

Order is a proposal for Purchase Agreement. Purchase Agreement is formed when Order is confirmed.

A condition for the validity of Order is providing all these information about Buyer: name and surname, telephone number, e-mail address, delivery address, method of delivery, method of payment, shopping cart contents.

The right of ownership to the goods is transferred to Buyer at the moment of acceptance of the goods and payment of the purchase price.

Seller is not obliged to conlcude the Purchase Agreement, especially in the following cases:  

  • the goods are no longer produced
  • the supplier’s price of respective goods has significantly increased

 

Should this situation arise, Seller is obliged to immediately contact Buyer to agree on further steps.

In the case that Buyer had already paid a part or the full amount of the purchase price, this amount will be transferred back to his account or address.

Buyer will receive the goods for the price valid at the moment of ordering. In the case that the goods are a special order or that the goods are not in stock, Seller will confirm to Buyer by telephone or e-mail the price and time of delivery. Seller reserves the right to change this price with respect to the current market situation and depending on the development of the value the Czech Crown (CZK) with respect to foreign currencies. Should Buyer not agree with such a change, Seller will not confirm the order and the order will not be made.

III. Terms of Delivery

When delivering the goods purchased, Seller is obliged to issue an invoice with all necessary elements of an accountable receipt.

The goods in stock will be prepared for dispatch by Seller within 72 hours after receiving Order, otherwise according to delivery time of the respective item. In case of payment by bank transfer, the goods are dispatched once the payment has been received on Seller’s bank account (in case that the goods are in stock, otherwise according to delivery time of the respective item).

Should there be a longer delivery time in the selected items due to the exclusivity of the product, Seller will immediately contact Buyer.

The goods are delivered according to the option selected by Buyer in Order, methods of delivery are:

  • personal pick-up
  • delivery by Czech Post
  • delivery by DPD courier

The place of delivery is the delivery address provided by Buyer in Order.

Personal pick-up

Upon an agreement by email or phone, the goods can be picked up in person during opening hours of the store at Seller’s address.

  • Opening hours for personal pick-up: Monday – Friday: 11 a. m. – 7 p. m., Saturday: 12 a. m. - 6 p. m.
  • Telephone number: +420 774 719 113
  • Seller’s address: Vojtěšská 9, Praha 1

Delivery by Czech Post (hereinafter as the “Carrier”):

Should Buyer not be present at the time of delivery at the address provided, he will receive a notice about the deposit of the parcel (the parcel will be kept at the respective Czech Post branch for 7 days). If you do not pick up your parcel within the given time period, the parcel will be returned to Seller. Seller will charge the same fee for a repetitive delivery.

Delivery by Carrier usually takes 2 working days (from the time of dispatch of the goods ordered) according to the standard transport conditions.

Payment Terms

  • payment in cash or by payment card in case of personal pick-up
  • payment by bank transfer (delivery or personal pick-up after the payment is received on Seller’s bank account)
  • cash on delivery (Buyer pays in cash to Carrier)
  • payment through online payment gateway

 

Tariff:

method of delivery

carrier

price

cash on delivery

personal pick-up

 

FREE

 

post

Czech Post – Czech Republic

59,00 CZK

30,00 CZK

courier service

DPD – Czech Republic

89,00 CZK

30,00 CZK

courier service

DPD - Slovakia

170,00 CZK

 

All prices are contractual. Prices in the e-shop are always up-to-date and valid.

If you order goods in the value of 2,000.00 CZK (including VAT) or more, your delivery will be free of charge.We do not charge any packaging or other extra fees.

These tariffs are valid only in the Czech Republic. For international shipments the transport costs are calculated according to the current prices of the respective carrier.

  1. Withdrawal from the Contract

According to the Section 1829 (1) of the Civil Code, Buyer who is a consumer has the right to withdraw from the contract within 14 days after acceptance of the goods. For the withdrawal Buyer can use a form available here.

Buyer has to send the withdrawal from the contract within 14 days after acceptance of the goods. Then he has to send the goods back to Seller within 14 days from the withdrawal. When Buyer withdraws from the contract, he bears the costs incurred in connection with return of the goods to Seller. Then he has the right to receive the transport costs of the cheapest method of delivery (59,00 CZK) back.

Should Buyer decide to withdraw from the contract within this period, the following conditions must be met:

  • Deliver the goods to Seller’s address (Vojtěšská 9, Praha 1) together with the number of invoice.
  • The goods returned and received back to Seller’s address must be undamaged, complete, including all accessories, provided documents provided and also gifts obtained together with the goods, if applicable. In the case that the goods returned are not complete or are damaged, the purchase price returned to you will be proportionally reduced. Do not send the goods COD (cash on delivery), they will not be accepted. We recommend to insure the goods.
  • In the case that above instructions won’t be followed, Seller has the right to refuse the returned goods or proportionally reduce the amount which will be returned to Buyer for the accepted goods.
  • The possibility to withdraw from the contract does not apply to I) the delivery of goods or services the price of which is dependent on the deviation of the financial market independent of Seller’s will, II) the delivery of goods amended according to the wishes of Buyer, III) the delivery of consumer goods and other goods that once used, are depleted of a part of their value and it is not possible to return their state to the original state prior to their purchase.

Seller is obliged to return to Buyer the purchase price not later than 14 days from the contract withdrawal in the same way that buyer used for payment of the purchase price. Seller reserves the right to send the money to Buyer’s account after receiving the goods or receiving a proof about the fact that the goods had been sent.

In the case the Buyer is not capable of returning the goods in the original state or the value of the goods has been already reduced (a partial consumption or usage of the goods took place), according to Section 2991 (1) of the Civil Code, Buyer is obliged to compensate the missing value in money – in practice this is done by setting-off against the purchase price being returned by Seller which means that Buyer will receive a reduced purchase price.

  1. Warranty Claim Guidelines

Warranty Claim Guidelines are available at Seller’s registered seat or as a part of these T&Cs.

Warranty claims will be sorted according to Seller’s Warranty Claim Guidelines and legal order valid in the Czech Republic.

The goods can be claimed according to the conditions of the Warranty Claim Guidelines.

Buyer is obliged to make himself familiar with the Warranty Claim Guidelines and T&Cs before ordering the goods. By accepting the goods from Seller, he agrees with the Warranty Claim Guidelines below.

As a proof of warranty, Seller issues to all sold goods a proof of purchase of goods – an invoice with all necessary elements of an accountable receipt and other details necessary for claiming the warranty (name of goods, date, purchase price, quantity, number of Order).

The warranty period is 24 months and starts to run on the day of the goods being taken over by the Buyer – on the day stated on the invoice.

Claims made after the expiration of the time stated above will not be accepted by the Seller.

Warranty Period

The warranty period starts on the day of acceptance of goods Buyer, i. e. on the day stated on the invoice. Statutory warranty period is generally 24 months.

Claims made after the expiration of the time stated above will not be accepted by Seller.

Within the statutory warranty period, the warranty claims are governed by the Civil Code (in particular by Sections 1914 – 1925, 2099 – 2117 and 2161 – 2174 of the Civil Code), taking into account Warranty Claim Guidelines. In the case that the warranty period has been prolonged, the warranty claims are governed only by Warranty Claim Guidelines.

Warranty Conditions

The warranty conditions follow Seller’s Warranty Claim Guidelines and the valid legislation of the Czech Republic. The invoice serves as a warranty certificate. We ask Buyer to check the parcel in the presence of the carrier and in case of damage to the parcel to make a claim directly to the carrier. The carrier will write a protocol with the receiver about the damage found and the parcel will be returned to the sender. Buyer is entitled to refuse to take over a parcel which is not in accordance with Purchase Agreement (e. g. the parcel is uncomplete or damaged). If Buyer accepts a damaged parcel, it is necessary to describe the damage in carrier’s certificate of transfer.

It is necessary to notify of the incomplete or damaged parcel immediately by email on the address eshop@papelote.cz, to write a protocol with the carrier and send it without undue delay by email or post to Seller. An additional claim of incompleteness or exterior damage to the parcel gives Seller the possibility to prove that there isn’t any discrepancy with Purchase Agreement.

The place to make a claim is the store of Seller: papelote, Vojtěšská 9, 110 00 Praha 1.

The Buyer can send the damaged goods for warranty claim by a transport service to the above address. The package should be visibly marked “REKLAMACE” (warranty claim) and contain: the claimed goods (including all accessories), we recommend to enclose a copy of the invoice, detailed description of the defect and Buyer’s sufficient contact details (return address and telephone number). Identification of the origin and defect of the goods is not possible without the above information. Buyer will support the validity of the warranty claim by providing the invoice. In case that there was a warranty claim already in the past on the same goods, Buyer will also provide a proof of warranty claim. There has to be the same order number on the relevant documents (an invoice or a proof of warranty claim).

The warranty does not apply to damage caused by:

  • careless, improper or forceful mechanical handling
  • using the goods in unsuitable conditions because of temperature, dustiness or moisture, if specified by the producer
  • the goods has been damaged by natural elements or force majeure.

The goods handed over for warranty claim will be tested only for the defect stated by Buyer (in the warranty claim form, on an enclosed paper with a description of the defect). In case that it is found out that the cause of problems are not the claimed goods but Buyer’s mishandling, the warranty claim will be dismissed. In case that Buyer agrees with a paid reparation, such a reparation will be charged according to the up-to-date and valid price list. Seller is responsible for hidden defects which appear when the goods are being taken over by Buyer or during warranty period.

Settlement of Claims

In case that the goods are not in accordance with the Purchase Agreement when they are being taken over by Buyer (hereinafter as “discrepancy with Purchase Agreement”), Seller is obliged to put the goods immediately and free of charge into the state corresponding with the Purchase Agreement. This shall be done according to the preference of Buyer – either by exchanging or repairing the goods. If this procedure is not possible, Buyer may request a reasonable reduction of the purchase price or withdraw from the contract. This does not apply in case that before the takeover of the goods, Buyer was aware of the discrepancy with Purchase Agreement, or the discrepancy was caused by Buyer himself.

In case there is a discrepancy with Purchase Agreement within six months from takeover, the discrepancy is presumed to have already existed upon takeover, if this does not contradict the nature of the thing or unless proven otherwise.

If the defect can be removed, Buyer is entitled to a free, immediate and proper removal, and Seller is obliged to remove the defect without unnecessary delay. Buyer can request an exchange of the goods or a part of it, if it is reasonable with respect to the character of the defect. Should such procedure not be possible, Buyer is entitled to request a discount from the purchase price of the goods or to withdraw from the contract. In the case of a discount, it is not possible to claim this defect in the future.

If the defect cannot be removed and prevents the product from being used properly, Buyer is entitled to exchange the goods or to withdraw from the contract. In case that the defects are removable but they prevent Buyer from using the goods properly, because of repetition of the defects or higher quantity of the defects, Buyer is entitled to the same. In case that the defects are not removable and Buyer doest not ask for exchange, he is entitled to a reasonable reduction of the purchase price or to withdraw from the contract.

Seller deals with the claims without undue delay, not later than 30 days after the day following the day the claim was made by Buyer.

After the settlement of a legitimate claim, the warrantee period is extended by the length of the time of the duration of the claim. In the case of an illegitimate claim, the warranty period is not extended. If the claim was settled by an exchange of goods, a potential future claim will be considered as a first claim on the respective goods. (The time duration of the claim is calculated from the following day after the claim is received until the claim is settled – not until the goods are picked up by Buyer! Buyer is informed by email that he provided when ordering the goods about the settlement of the claim.)

After the claim is settled, Seller will notify Buyer about the end of the claim by phone, text message or email. If the goods were sent by a transport service, they will be sent automatically to Buyer’s address once the claim is settled. In the case the claimed goods are not picked up within 60 days from the date the claim was made, according to Section 2608 (1) in connection with Section 2159 (2) of the Civil Code, Seller is entitled to charge a storage fee upon the release of the goods. This fee is 10 CZK/day and in case the goods weight 5 kg or more, the fee is 20 CZK/day.

  1. Privacy Policy, Intellectual Property

Seller is obliged to use the personal data of Buyers according to the respective provisions of the Act No. 101/2000 Coll., Personal Data Protection Act.

Seller declares that all personal data is confidential and will be used only for the purpose of fulfilling the contract with Buyer and will not be otherwise publicized, provided to a third party, etc., with the exception of a situation relating to distribution of the goods ordered or payment for these goods (communicating of the name and delivery address).

Buyer is obliged to notify immediately Seller of any changes in his identification, invoicing and contact information if they could have impact on the fulfillment of the Purchase Agreement.

Buyer by executing the Purchase Agreement acknowledges that the goods is the intellectual property of the seller protected by legal regulations. Buyer is entitled to use the delivered goods for himself / herself or his / her business partners or clients but is not entitled to modify, amend, alter, remove or resell trademarks or other brands of Seller from the goods (unless it is stipulated in the Purchase Agreement that the goods is ordered for resale), with the exception of adjustments for the personal non-commercial use of the purchaser who is a natural person. Buyer is also not authorized to make or keep copies or imitations of the purchased goods. In the case of each individual breach of any of the obligations mentioned in this paragraph, a contractual penalty of CZK 50,000 shall be negotiated with Buyer and the obligation to compensate the full amount of damage and non-material damage (eg for unauthorized use of the goods).

VII. Final Provisions

These T&Cs are valid from ______________. Seller reserves the right to change these T&Cs without prior notice.

Approved for papelote s.r.o. by Denisa Havrdova.

Written in accordance with the Act No. 89/2012 Coll., the Civil Code