BUSINESS TERMS AND CONDITIONS
1. Initial provisions
1.1. The present Business Terms and Conditions (hereinafter “Business Terms and Conditions”) of the company Anna Hora s.r.o., having its principal office at Jinonická 804/80, Praha 5, ID 09373781 (hereinafter “the Seller“) define mutual rights and obligations of the contractual parties arising from or based on a contract of purchase (hereinafter “the Contract of Purchase”) entered into by and between the Seller and another natural person or legal entity (hereinafter “the Buyer”) through the Seller´s internet shop.
The Seller operates the internet shop at www.annahora.com (hereinafter “the Website“) by means of a web interface (hereinafter “the shop´s web interface”) .
1.2. The Business Terms and Conditions shall not apply to situations in which the party that intends to purchase goods is doing so for purposes of its own business.
1.3. Provisions of the Business Terms and Conditions constitute an integral part of the Contract of Purchase. The Contract of Purchase and the Business Terms and Conditions are executed in Czech. The Contract of Purchase may be in Czech or in English.
1.4. The Seller may change or amend the Business Terms and Conditions at its discretion. This provision shall be without prejudice to rights and obligations arising from the previous version of the Business Terms and Conditions.
2. User account
2.1. The Buyer can use his or her user account to order goods. The Buyer can also order goods without having to register, directly from the shop’s web interface.
2.2. When registering on the Website, the Buyer can establish his or her user interface (hereinafter “the User Account”).
2.3. When registering on the Website or ordering goods, the Buyer is obliged to provide correct and true information. Furthermore, the Buyer is obliged to update his or her user account information whenever there has been a change. The Seller shall deem the information provided by the Buyer in his or her user account to be correct and true.
2.4. Only persons over 15 years of age are allowed to register on the Website and to open a user account.
2.5. Access to the user account is protected by a user name and a password which the Buyer chooses at his or her own discretion. The Buyer acknowledges that the Seller shall not be held in any way liable for cases in which the Buyer has chosen a user name or password providing insufficient protection or has made his or her user name and password available to a third party.
2.6. The Buyer shall not be entitled to make his or her user account available to third parties.
2.7. The Seller may close a user account, particularly if it has been dormant for a period of at least one year or if the Buyer has failed to comply with the duties and obligations arising from the Contract of Purchase, including the Business Terms and Conditions. The Seller shall always notify the Buyer of the cancellation of the user account and reasons thereof.
2.8. The Buyer acknowledges that the user account may not be available at all times, particularly because of necessary maintenance of hardware and software of the Seller or, where applicable, third parties.
3. Entering into the Contract of Purchase
3.1. The shop’s web interface contains a list of goods which the Seller offers for sale, including the price of each article. The offered goods and their prices are valid as long as they are shown on the shop’s web interface and/or as long as they are a part of a time-limited campaign. The above provision shall be without prejudice to the Buyer’s opportunity to enter into an individually tailored Contract of Purchase. All offers of goods on the shop’s web interface are not binding and the Seller shall not be obliged to enter into a Contract of Purchase with respect to such goods. Provisions of Section 1732, Paragraph 2 of Act No. 89/2012 Coll., the Civil Code (hereinafter “the Civil Code”) shall not apply.
3.2. The Buyer acknowledges that goods may be temporarily unavailable. The Seller shall immediately notify the Buyer of any change of availability.
3.3. When ordering goods, the Buyer must complete the Order Form available on the shop’s website. The Order Form contains, in particular, information about:
3.3.1. the goods being ordered (the Buyer will “place” the selected articles in the electronic shopping basket of the shop’s website),
3.3.2. manner of payment of the purchase price,
3.3.3. delivery mode of the ordered goods,
3.3.4. packaging and delivery costs,
(hereinafter collectively “the Order”).
3.4. Before sending the order, the Buyer will be able to check and change the data he or she has entered into the Order Form. The order is sent to the Seller by clicking on the “Order” pushbutton. The Seller will deem the information contained in the Order Form correct.
3.5. The contractual relationship between the Seller and the Buyer shall be established upon the delivery of the order confirmation (acceptance), which the Seller will send to the Buyer by e-mail to the Buyer’s e-mail address specified in the Order Form.
3.6. The Buyer acknowledges that the Seller shall not be obliged to enter into a Contract of Purchase, in particular with individuals or entities that have substantially violated their obligations toward the Seller in the past.
3.7. The Buyer agrees to the use of remote communication means when entering into the Contract of Purchase. Costs incurred by the Buyer in connection with the use of remote communication means when entering into the Contract of Purchase (internet connection costs, phone charges etc.) shall be borne by the Buyer.
4. Price of goods and payment terms and conditions
4.1. Prices of the goods are quoted in CZK and EUR on the Seller’s website.
4.2. The Buyer can pay the price of the goods and costs of delivery of the ordered goods, if any, to the Seller using any of the options available in the Order Form, unless the Seller offers additional payment options.
4.3. In addition to the purchase price, the Buyer shall pay the Seller the packaging and delivery costs which the parties have agreed to. Unless stipulated otherwise hereinbelow, the term “purchase price” shall also be deemed to include costs related to the delivery of the goods.
4.4. The Seller may demand the payment of a full purchase price before sending the goods to the Buyer by restricting available payment options. In such cases, Section 1, Paragraph 1 of the Civil Code shall not be applied.
4.5. Potential discounts offered by the Seller to the Buyer cannot be merged or combined.
4.6. As to payments resulting from the Contract of Purchase, the Seller shall make out an invoice for the Buyer. The Seller is not a VAT payer. The Seller shall make out the invoice as soon as the purchase price of the goods has been settled, and send it in the electronic form to the Buyer’s e-mail address.
4.7. According to the Sales Registration Act, the Seller is obliged to make out a receipt for the Buyer. At the same time, the Seller is obliged to register the sale online at the tax authority; in the event of a network failure, the Seller is obliged to do so within 48 hours at the latest.
4.8. Orders from outside the Czech Republic and the European Union may be subject to additional taxation. The Buyer acknowledges that the Seller cannot influence taxes or customs duties in the Buyer’s country. The Buyer shall be responsible for settling all additional taxes and duties outside the EU area. At the same time, the Seller shall not be liable for any delivery delay caused by the goods being withheld or attached by customs authorities outside the European Union.
5. Withdrawal from the Contract of Purchase
5.1. The Buyer acknowledges that, according to Section 1837 of the Civil Code, it is not possible to withdraw, inter alia, from a Contract of Purchase involving goods tailored or modified according to the Buyer’s requirements, or goods delivered in an enclosed package, which the Buyer has removed from the package and which cannot be returned because of hygienic reasons.
5.2. In cases other than those dealt with in Paragraph 5.1 above or other cases in which the Buyer cannot withdraw from the Contract of Purchase, the Buyer shall be entitled, in accordance with Section 1829, Paragraph 1 of the Civil Code, to withdraw from the Contract of Purchase within fourteen (14) from the date of acceptance of the goods; if the Contract of Purchase involves several types of goods or several consignments, the above deadline starts on the day the last consignment is delivered.
5.3. In the event of a withdrawal from the Contract of Purchase according to Paragraph 5.2 above, the Contract of Purchase shall be rendered null and void from the very beginning. The Buyer acknowledges that if the goods that he or she is returning have been damaged or worn, the Seller shall be entitled to claim a damage compensation. The Seller shall also be entitled to unilaterally set off the title to a damage compensation against the Buyer’s title to have the purchase price returned.
5.4. Other rights and obligations of the parties arising from the withdrawal from the Contract of Purchase according to Paragraph 5.2 above are stipulated in a separate document of the Seller dealing with the withdrawal from the Contract of Purchase and the handling of goods-related complaints.
5.5. If the Buyer fails to pay the purchase price within seven (7) days from entering into the Contract of Purchase (if he/she has chosen an advance payment option), the Seller shall be entitled to withdraw from the Contract of Purchase.
6. Transport and delivery of goods
6.1. Unless stipulated otherwise in the Contract of Purchase, the Buyer chooses the delivery mode from options offered by the Seller during the ordering process.
6.2. If the Seller is obliged, under the Contract of Purchase, to deliver goods to a place specified by the Buyer in the order, the Buyer shall be obliged to take over the goods. If the Buyer fails to do so, the Seller shall be entitled to withdraw from the Contract of Purchase.
6.3. If, for reasons on the part of the Buyer, the delivery of the goods requires several attempts or ultimately has to make use of a delivery mode other than that specified in the order, the Buyer shall be obliged to pay extra costs resulting therefrom.
6.4. When taking over the goods from the carrier, the Buyer is obliged to make sure the package has not been damaged; if it has, the Buyer should immediately notify the carrier. If the package has been damaged in a way suggesting that the consignment has been unlawfully tampered with, the Buyer is not obliged to take over the goods from the carrier. By signing the Delivery Bill, the Buyer confirms that the package containing the goods has not been damaged.
7. Rights arising from faulty performance
7.1. Insofar as the Seller’s liability for faulty performance is concerned, rights and obligations of the parties shall be governed by applicable provisions of domestic law (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
7.2. The Seller shall be liable to the Buyer for the goods being in compliance with the Contract of Purchase, in particular for the goods being free of defects. The term “compliance with the Contract of Purchase” as used herein means that the sold goods are of the quality and have the properties required by the Contract of Purchase, declared by the Seller, their manufacturer or manufacturer’s representative, or reasonably expectable on the basis of the Seller’s or manufacturer’s advertising and promotion, or of the quality and having the properties typical for such goods, meet applicable legal and regulatory requirements, have been delivered in the required quantity, amount or weight, and are usable for the purpose stated by the Seller or for which they are commonly used.
7.3. The rights and obligations of the parties related to the exercise of rights arising from faulty performance under the Contract of Purchase are dealt with in the Seller’s separate document on the withdrawal from the Contract and complaints.
8. Other rights and obligations of the parties
8.1. The Buyer shall assume the title to the goods upon paying the full price of and taking over the goods.
8.2. The Buyer acknowledges that the whole content and all parts of the shop’s web interface (including photographs of offered goods) are copyright-protected. The Buyer undertakes to refrain from any actions which would enable him/her or any third parties to unlawfully tamper with or use components of the shop’s web interface.
8.3. The Buyer hereby assumes of a change of circumstances according to Section 1765, Paragraph 2 of the Civil Code.
9. Protection of personal data
9.1. The protection of the Buyer’s personal data shall be governed by personal data handling rules the current full wording of which is available here.
10. Final provisions
10.1. If a relationship connected to the use of the webpage or established by the Contract of Purchase contains a foreign (international) element, the parties agree that it will be governed by the Czech law. The above is without prejudice to consumer rights arising from applicable legislation.
10.2. Potential disputes may also be resolved by an out-of-court settlement. In such cases, the Buyer can contact an appropriate authority, e.g. the Czech Trade Inspection Authority, or handle the matter on-line, using the dedicated ODR platform available at https://webgate.ec.europa.eu/odr/. However, the Seller recommends the Buyer to use the Seller’s point of contact first to resolve the issue.
10.3. If any provision of the Business Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a new one the meaning of which shall be as close as possible to the provision being replaced. The invalidity or ineffectiveness of one provision shall have no effect whatsoever on the validity or effectiveness of other provisions.
10.4. The Contract of Purchase, including the Business Terms and Conditions, shall be archived by the Seller in the electronic format and will not be accessible.
10.5. All contact information is presented on the Seller’s webpage. All communication with the Seller will be in Czech or English.
Prague, June 1, 2022