Business Terms & Conditions
1.1 The following Business Terms and Conditions (hereinafter referred to as the "Business Terms") of Escape6 s.r.o., with its registered office at Živcová 872/11, Prague 5, 153 00, Identification Number: 26751488, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 91456 (hereinafter referred to as the "Seller"), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll. of the Civil Code, as amended (hereinafter the "Civil Code"), ensure mutual rights and obligations of two parties on the basis of a sales contract (hereinafter referred to as the "Purchase Contract") agreed upon between the seller and another physical person (hereinafter referred to as the "Buyer") via the seller's internet shop. The e-shop is operated by the seller at www.escape6.cz (hereinafter referred to as the "Website") through the business' web interface (hereinafter referred to as the "Store Web Interface").
1.2 Business terms do not apply to individuals intending to buy from the seller as legal entities or persons acting on behalf of their businesses or profession.
1.3 Provisions alternating from the business terms may be negotiated within the purchase contract. Alternative arrangements in the purchase contract take precedence over the established business terms.
1.4. Business terms are an integral part of the purchase agreement. The purchase agreement and the business terms are provided in English and Czech languages. The purchase contract can be drafted in the Czech language.
1.5. The seller may change or improve on the wording of business terms. This provision does not affect the rights and obligations in effect during the valid period of the previous version of the business terms.
2. User account
2.1. When registered through the store website, the buyer can access his/her user interface. From this user interface, the buyer is able to order goods (hereinafter referred to as the "user account"). When enabled by the store web interface, the buyer can also order goods without registration and directly from the store web interface.
2.2. When registering and ordering goods on the website, the buyer is obligated to provide correct and truthful information. Upon any change, the buyer is obligated to update his/her details in the user account. Information provided by the buyer in his/her user account or during the ordering process are considered by the seller as correct.
2.3. Access to the user account is secured by user name and password. The buyer is required to keep information for access to his/her user account confidential.
2.4. The buyer is not authorized to allow any third party to use his/her user account.
2.5. The seller may delete any user account, particularly if the buyer does not use his/her account for more than 36 months, or if the buyer violates the terms of his/her purchase contract (including business terms).
2.6. The buyer should note that the user account may be occasionally unavailable, especially with regard to necessary hardware and software maintenance of the seller's website, or hardware and software maintenance of third parties.
3.1. All information on products displayed on the store web interface are informative and the seller is not obligated to complete a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The store web interface contains information about products, including individual prices and, if these products cannot be returned by usual means, costs of returning goods. Product prices are quoted including VAT and all related fees. Product prices remain valid for as long as they are displayed on the store web interface. This provision does not prevent the seller from arranging individual purchase contracts based on negotiated terms.
3.3. The store web interface also includes information on the costs of packaging and delivery. Information on the costs of packaging and delivery listed on the store web interface are only valid for deliveries in the Czech Republic.
3.4. For all orders, the buyer completes an order form on the store web interface. The order form contains information about:
3.4.1. ordered goods (the buyer “adds” the ordered goods into an electronic shopping cart of the store web interface),
3.4.2. methods of payment for priced products; details about the required delivery methods of ordered goods and
3.4.3. information on the costs of delivery (hereinafter referred to as the "the order").
3.5. Before submitting orders to the seller, the buyer is enabled to check and modify all data he/she has entered within the order, including the buyer's ability to identify and correct any errors that occurred when entering the data into his/her order. The order is sent to the seller by clicking on the "Submit order" button. All data submitted with the order are viewed as valid by the seller. After an order is submitted, the seller immediately sends to the buyer a receipt by e-mail, using an email address provided by the buyer in the user interface or in the order (hereinafter referred to as the "buyer's email address").
3.6. Based on the nature of the order (quantity of goods, purchase price, estimated transport costs), the seller is always entitled to ask the buyer for additional confirmation about the order (for example, in writing or by phone).
3.7. A contractual relationship between the seller and the buyer begins after the order is placed and accepted, as indicated by the email sent by the seller to the buyer's email address.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in relation to the purchase contract (costs of internet connection, telephone call costs) adhere to basic rates and are covered by the buyer.
4. Prices and payment
4.1. The buyer may pay to the seller for ordered goods and any costs associated with the delivery based on the purchase contract in following ways:
- in cash at the seller's premises in Čestlice 272, 251 01 Čestlice;
- cash on delivery at a location specified by the buyer in the order;
- by wire transfer to the seller's account No. 181898410/0300, registered with Československá obchodní banka, a.s. (hereinafter referred to as the "Seller's Account");
- with credit provided by a third party.
4.2. Along with the purchase price, the buyer is also required to pay costs of packing and delivery of the goods at an agreed rate. Unless otherwise specified, the purchase price then includes costs associated with the delivery.
4.3. The seller does not ask the buyer for a deposit or other similar payments. This does not affect the Article 4.6 of the Business Terms, regarding the obligation to pay the purchase price in advance.
4.4. For payments in cash or cash on delivery, the purchase price is due for payment upon the receipt of goods. For electronic payments, the purchase price is due for payment within 7 days after the purchase contract had been concluded.
4.5. For electronic payments, the buyer is required to pay the purchase price along with an indication of the variable payment symbol. For electronic payments, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6. The seller is entitled to request a payment of the full purchase price before goods are dispatched to the buyer, particularly when the buyer does not provide additional confirmation of the order (Article 3.6). Paragraph 2119 (1) of the Civil Code does not apply.
4.7. No discounts on the price of goods offered by the seller can be combined.
4.8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document (invoice) to the buyer based on payments made under the purchase contract. The seller pays the VAT. The tax document (invoice) is issued by the seller to the buyer after the payment is completed; it is sent in an electronic form to the buyer's e-mail address.
4.9. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, the seller is obligated to register the received revenue with the online tax administrator; in the event of a technical outage, no later than within 48 hours.
5. Cancellation of the purchase contract
5.1. The buyer should note that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for deliveries modified according to the buyer's wishes, for perishable goods and also sealed goods that the buyer has removed from their packaging and for hygienic reasons they cannot be returned, and for deliveries of sound or image recordings or computer programs removed from their original packaging.
5.2. Except for the above cases (Article 5.1) or cases when the contract cannot be withdrawn from, the buyer (consumer) has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days from the date of receipt of goods; in the case of several types of goods within the purchase contract or the delivery of several parts, this period runs from the date of the last delivery. The withdrawal from the sales contract must be sent to the seller within the period mentioned above. In order to withdraw from the purchase contract, the buyer may use a template form provided by the seller, annexed in the business terms and conditions. The withdrawal from the purchase contract may be sent by the buyer, inter alia, to the seller's office address or to the seller's e-mail email@example.com.
5.3. In the case of withdrawal from the purchase contract according to Art. 5.2, the purchase contract is canceled. Goods must be returned to the seller within fourteen (14) days after the withdrawal from the purchase contract. If the buyer withdraws from the purchase contract, he/she covers the cost of return deliveries to the seller, including cases when the goods for various reasons cannot be returned by the usual postal services.
5.4. In the event of withdrawal under the Article 5.2 of the Business Terms, the seller shall return funds received from the buyer within fourteen (14) days since the buyer's withdrawal from the purchase contract, using the same payment method. The seller is also entitled to return payments to the buyer upon return of goods or in different manner, provided the buyer agrees and does not face additional costs. If the buyer withdraws from the purchase contract, the seller is not obligated to return the received funds to the buyer before the buyer returns the goods or shows that he/she has sent the goods to the buyer.
5.5. The seller is entitled to unilaterally indemnify the buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provision of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the buyer takes over the goods. In this case, the seller shall return the purchase price to the buyer without unnecessary documents through an electronic payment to an account specified by the buyer.
5.7. If the seller provides a gift together with ordered goods, a gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is also canceled and the buyer is obliged to return the goods together with the provided gift to the seller.
6. Carriers and delivery
6.1. If the mode of transport is arranged according to the buyer's special request, the buyer bears all risks and pays any additional costs associated with this mode of transport.
6.2. If the seller is requested to deliver goods to a location specified by the buyer according to the purchase contract, the buyer is obligated to take over the goods upon delivery.
6.3. If it is necessary to deliver the goods repeatedly or in a manner that varies from the original order, the buyer is obliged to pay costs associated with the repeated delivery or costs associated with alternative delivery methods.
6.4. Upon receipt of the goods from a carrier, the buyer is obligated to check the order and packaging and, in the event of any defects, to notify the carrier immediately. In the event of a damaged packaging, indicating unauthorized handling of the goods, the buyer is not required to take over the delivery from the carrier.
6.5. Other parties' rights and obligations for the carriage of goods may alter the seller's specific delivery terms.
7. Defective performance
7.1. The rights and obligations of all parties regarding defective performance are governed by relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Law No. 634/1992 SB on Consumer Protection).
7.2. The seller is responsible for all goods to be free from defects. In particular, the seller is required that upon delivery:
7.2.1. all goods have properties agreed upon between the two parties and, in the absence of such agreement, they correspond to the properties described by the seller or the manufacturer, or expected by the buyer according to the nature of the goods and their advertisement;
7.2.2. all goods are suitable for purposes indicated by the seller or purposes typically associated with these goods;
7.2.3. the quality or design of all goods corresponds to samples or template models, if the quality or design has been determined on the basis of an agreed sample or a template model;
7.2.4. the quantity, amount or weight of the goods is correct and
7.2.5. goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Business Terms do not apply to goods sold at a lower price due to defects for which a lower price has been agreed for, to worn out goods sold as such and affected by their normal use, or to good affected by their natural properties.
7.4. If there is a defect within six months after delivery, it is assumed the goods were already defective upon delivery.
7.5. Defective performance issues are claimed by the buyer at the seller's premisses where defective goods can be accepted with regard to the available range of goods, eventually at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint rules.
8. Additional rights and obligations of the parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price.
8.2. The seller is not bound by any codes of conduct in relation to the buyer in regard to Section 1826 (1) e) of the Civil Code.
8.3. The seller responds to any consumer queries via the seller's email address firstname.lastname@example.org. Information and updates about buyer's complaints are sent to the buyer's email address.
8.4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adrcoi.cz/cs, is responsible for out-of-court settlements of consumer disputes based on the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be also used to resolve disputes between the seller and the buyer based on the purchase contract.
8.5. The European Consumer Center for the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / ES (Consumer Dispute Resolution on-line).
8.6. The seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection supervises, among other things, the compliance to the Consumer Protection Act No. 634/1992 Coll., ss amended.
8.7. The buyer hereby adheres to the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
9. Protection of personal data
9.1. The obligation to inform the buyer in regard to the Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95 / 46ES (General Regulation on the protection of personal data = "GDPR Regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purposes of negotiations within this contract and for the fulfilment of the public obligations of the seller, is fulfilled by the seller through a special document.
10. Sending emails and cookies
10.1. The buyer agrees to receive information related to the seller's goods, services or business on his/her email address, and also agrees to receive sales announcements on this email address. Obligations towards the buyer in regard to information according to the Article 13 of the GDPR, related to the processing of buyer's personal data for the purposes of sending commercial communications, are fulfilled by the seller through a special document.
10.2. The buyer agrees to store cookies on his/her computer. If purchases on the website are possible and the seller's obligations under the purchase contract are fulfilled without cookies being deposited on the purchaser's computer, the buyer may withdraw the above consent at any time.
11.1. Deliveries can be made to the buyer's email address.
12. Final provisions
12.1. If a relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
12.2. If any provision of the Business Terms is invalid or ineffective, or becomes ineffective, all invalid clauses will be replaced by clauses that match the original ones the most. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
12.3. The purchase contract, including the Business Terms and Conditions, is archived by the seller in an electronic form and is not accessible.
12.4. Business Terms and Conditions include an attached template form for withdrawals from the purchase contract.
12.5. Seller's contact details: delivery address Escape6 s.r.o., Čestlice 272, 251 01 Čestlice, e-mail address email@example.com, phone 222 519 645.
Prague, 1 January 2018
Luděk Roubal, Managing Director