Operator:

Fakescape z. s.

with registered office Botanická 834/56, 602 00 Brno, registered in the association register maintained by the Regional Court in Brno, under file number L 25783

Company ID: 07918280

Bank details: FIO Banka, a.s.

Account number: 2701602601/2010

E-mail: info@fakescape.cz

(hereinafter referred to as the “seller“)

issues these Terms and Conditions (hereinafter referred to as the “terms and conditions”) in accordance with Section 1751 and following of Act No. 89/2012 Coll., the Civil Code, as amended as of the effective date of these terms and conditions (hereinafter referred to as the “Civil Code“).

Basic Provisions

These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of their business activity as a consumer, or within their business activity (hereinafter referred to as the “buyer“) through the web interface located on the website accessible at www.nekrm-kachnu.cz (hereinafter referred to as the “online store“).
The provisions of these terms and conditions are an integral part of the purchase contract concluded between the buyer and the seller. Any differing provisions in the purchase contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase contract are concluded in the Czech language.

Information about Goods and Prices

Information about the goods, including the prices of individual items and their main characteristics, is provided in the online store’s catalog. The prices of the goods are listed inclusive of all related fees and the costs of returning the goods if, due to their nature, the goods cannot be returned by regular postal services. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not exclude the possibility of negotiating a purchase contract under individually agreed terms.
All product presentations placed in the online store catalog are informative in nature, and the seller is not obligated to conclude a purchase contract concerning these goods.
Information about the costs associated with packaging and delivering the goods is published in the online store. The information regarding the costs of packaging and delivering the goods provided in the online store is valid only when the goods are delivered within the Czech Republic.
Any discounts on the purchase price of the goods cannot be combined unless the seller and the buyer agree otherwise.

Order and Conclusion of the Purchase Contract

The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the buyer. These costs do not differ from the basic rate.
The buyer orders the goods by filling out the order form.
When placing an order, the buyer selects the goods, the quantity, the method of payment, and the method of delivery.
Before submitting the order, the buyer can review and change the details entered in the order. The buyer submits the order to the seller by clicking on the “Submit Order” button. The seller considers the information provided in the order to be correct. The validity of the order is conditional upon the completion of all required fields in the order form and the buyer’s confirmation that they have read these terms and conditions.
The buyer has the option to register in the e-shop. In case of registration, it is possible to access and edit data in their customer account. If the buyer is registered in the online store, the data from the customer account are considered as the data for the order. The buyer can also change these details before submitting the order.
Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer at the time of placing the order. This confirmation is automatic and does not constitute the conclusion of a contract. The confirmation includes the seller’s current terms and conditions. The purchase contract is concluded only upon acceptance of the order by the seller. The notification of order acceptance is sent to the buyer’s email address.
If any of the requirements stated in the order cannot be fulfilled, the seller will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for the purchase contract, and the purchase contract is concluded upon the buyer’s confirmation of acceptance of this offer to the seller’s email address provided in these terms and conditions.
All orders received by the seller are binding. The buyer may cancel the order until the seller notifies them of the order’s acceptance. The buyer may cancel the order by phone or email, using the contact details provided in these terms and conditions.
In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer has received an automatic confirmation of order receipt according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a revised offer to their email address. The modified offer is considered a new proposal for the purchase contract, and the purchase contract is concluded upon the buyer’s confirmation of acceptance of this offer to the seller’s email address.

Payment Terms and Delivery of Goods

The buyer can pay the price of the goods and all costs associated with the delivery of goods according to the purchase contract in the following ways:
by bank transfer to the seller’s account no. 2701602601/2010, held at FIO Bank,
by credit card through the Shoptet pay service,
in cash or by credit card upon personal collection at a Česká pošta or Zásilkovna branch,
in cash upon personal collection at the seller’s registered office.
Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price includes the costs associated with the delivery of goods.
In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.
When paying through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled when the appropriate amount is credited to the seller’s bank account.
The seller does not require any deposit or similar advance payment from the buyer. Payment of the purchase price before the goods are dispatched is not considered a deposit.
According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received payment with the tax administrator online; in the event of a technical failure, no later than within 48 hours.
The goods are delivered to the buyer:
to the address specified by the buyer in the order,
through a parcel delivery service to the address of the parcel pickup point specified by the buyer.
The selection of the delivery method is made during the ordering process.
The delivery costs, depending on the method of transport and collection of the goods, are specified in the buyer’s order and in the seller’s order confirmation. If the delivery method is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this delivery method.
If the seller is obliged to deliver the goods to a location specified by the buyer in the order according to the purchase contract, the buyer is obliged to take delivery of the goods upon their arrival. If, for reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or by a different method than stated in the order, the buyer is obliged to cover the costs associated with the repeated delivery of the goods or the costs associated with another delivery method.
Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the goods’ packaging and, in case of any defects, immediately notify the carrier. If the packaging is breached, indicating unauthorized tampering with the shipment, the buyer is not required to accept the shipment from the carrier.
The seller will issue a tax document (invoice) to the buyer. The tax document will be sent to the buyer’s email address.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obligated to take delivery of the goods but failed to do so in violation of the purchase contract.

Withdrawal from the Contract

The buyer, who has entered into a purchase contract outside of their business activity as a consumer, has the right to withdraw from the purchase contract.
The withdrawal period is 14 days:
from the day of receipt of the goods,
from the day of receipt of the last delivery of goods, if the contract involves several types of goods or the delivery of several parts,
from the day of receipt of the first delivery of goods, if the contract involves the regular repeated delivery of goods.
The buyer cannot withdraw from the purchase contract in the following cases, among others:
the provision of services, if they were provided with the buyer’s prior explicit consent before the expiry of the withdrawal period, and the seller informed the buyer before concluding the contract that in such a case, the buyer does not have the right to withdraw from the contract,
the supply of goods or services whose price depends on fluctuations in the financial market beyond the seller’s control and which may occur during the withdrawal period,
the supply of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations in the financial market beyond the seller’s control,
the delivery of goods that were customized according to the buyer’s wishes or for their person,
the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
the delivery of goods in a sealed package, which the buyer has removed from the package and cannot be returned for hygiene reasons,
the delivery of audio or video recordings or computer software, if the original packaging has been opened,
the supply of newspapers, periodicals, or magazines,
the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the buyer’s prior explicit consent before the expiry of the withdrawal period, and the seller informed the buyer before concluding the contract that in such a case, the buyer does not have the right to withdraw from the contract.
In other cases specified in Section 1837 of the Civil Code.
To meet the deadline for withdrawal from the contract, the buyer must send a statement of withdrawal from the contract within the withdrawal period.
To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller’s email or delivery address specified in these terms and conditions. The seller shall promptly confirm receipt of the form to the buyer.
A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract. The buyer bears the cost of returning the goods to the seller, even if the goods, due to their nature, cannot be returned by regular postal service.
The buyer shall send the goods to the seller’s postal address.
If the buyer withdraws from the contract, the seller shall promptly, but no later than 14 days from the withdrawal, return to the buyer all monetary funds, including the cost of delivery, that the seller received from the buyer, using the same payment method. The seller will return the monetary funds to the buyer in a different manner only if the buyer agrees and if no additional costs are incurred.
If the buyer choses a delivery method other than the least expensive method offered by the seller, the seller is only obligated to reimburse the buyer for delivery costs equivalent to the least expensive offered delivery method.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before the buyer delivers the goods or proves that they have sent the goods to the seller.
The buyer is obliged to return the goods to the seller undamaged, unworn, and unsoiled, and, if possible, in the original packaging. The seller is entitled to unilaterally offset a claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to the depletion of stock, the unavailability of the goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The seller is obliged to promptly inform the buyer via the email address provided in the order and to return all monetary funds, including the cost of delivering the goods, received from the buyer under the contract, within 14 days of the notification of withdrawal, using the same payment method or a method specified by the buyer.

Rights from Defective Performance

The seller is responsible for ensuring that the goods are free of defects at the time of receipt by the buyer. The seller is particularly responsible to the buyer for ensuring that at the time the buyer receives the goods:
the goods have the properties agreed upon by the parties, and if no agreement was made, the properties described by the seller or manufacturer, or the properties that the buyer expected given the nature of the goods and based on the advertising conducted by the seller or manufacturer,
the goods are suitable for the purpose stated by the seller or for the purpose for which goods of this type are usually used,
the quality or design of the goods corresponds to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
the goods are in the appropriate quantity, measure, or weight, and
the goods comply with legal requirements.
If a defect appears within six months of receipt of the goods by the buyer, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to assert rights from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply in the case of goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by normal use, or for used goods with a defect corresponding to the level of use or wear that the goods had when the buyer took possession of them, or if it arises from the nature of the goods.
In the event of a defect, the buyer may file a complaint with the seller and request:
replacement with new goods,
repair of the goods,
a reasonable discount on the purchase price,
withdrawal from the contract if the conditions outlined in the following point are met.
The buyer has the right to withdraw from the contract:
if the goods have a substantial defect, where a substantial defect is defined as a defect that the seller knew or should have known at the time of contract conclusion that the other party would not have entered into the contract,
if the buyer cannot properly use the goods due to the recurrence of a defect or defects after repair,
in the case of a greater number of defects in the goods.
The seller is obliged to accept a complaint at any establishment where the complaint can be accepted, or at the registered office or place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised their right, what the content of the complaint is, and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
The seller or an authorized employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed for expert assessment of the defect. The complaint, including the removal of the defect, must be resolved without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment of filing the complaint is considered the moment when the buyer’s expression of will (exercising the right from defective performance) is delivered to the seller.
The seller shall inform the buyer in writing of the outcome of the complaint.
The buyer is not entitled to rights from defective performance if the buyer knew before taking possession of the item that the item had a defect, or if the buyer caused the defect.
In the case of a justified complaint, the buyer is entitled to reimbursement of costs incurred in connection with the complaint. The buyer may exercise this right with the seller within one month after the warranty period has expired.
The buyer may choose the method of complaint resolution.
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll. on Consumer Protection, as amended on the date of the effectiveness of these terms and conditions.

Delivery

The contracting parties may deliver all written correspondence to each other via email.
The buyer is required to send correspondence to the seller at the email address provided in these terms and conditions. The seller will send correspondence to the buyer at the email address provided in the buyer’s order.
In the case of a complaint or withdrawal from the contract, the buyer shall send the goods to the seller’s correspondence address.

Final provisions

All contracts between the seller and the buyer are governed by the legal system of the Czech Republic. If a relationship established by the purchase contract contains an international element, the parties agree that this relationship is governed by the laws of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
All rights to the seller’s website, particularly copyright to the content including the layout of the page, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify, or otherwise use the website or any part of it without the seller’s consent.
The seller is not responsible for errors resulting from third-party interventions in the online store or from its use contrary to its intended purpose. The buyer must not use any procedures during the use of the online store that could negatively affect its operation, and must not engage in any activity that would allow them or third parties to unlawfully interfere with the software or other components of the online store or unlawfully use the online store, its parts, or software in a manner contrary to its purpose or intent.
The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The seller may amend or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.