Terms and Conditions
I FUNDAMENTAL PROVISIONS
These Terms and Conditions (Ts&Cs) shall represent the basis for any legal relationships between the company DRAKKARIA s.r.o., Neklanova 145/14, Praha 2, 128 00, Czech Republic identification No.:03602524, DIC:CZ03602524 (“Supplier” in the following) recorded in the Commercial Register administrated by the local authority in Prague under file No. C 224873, and its customers.
Customers shall be regarded as consumers. According to the Czech Civil Code, consumers shall be natural entities with whom business relationships are started without a commercial, independent or freelance activity. Consumer is a subject to a special legal protection.
These Ts&Cs shall apply in the version applicable at the time of placing the order.
II PRICE AND DELIVERY
The seller's website includes presentation, description and price of the goods.
The prices listed in the internet shop of the Supplier include value added tax and other fees and are valid as long as they are displayed on the website. Customers are required to pay price of goods together with delivery and shipping cost that are calculated according to the place of delivery and size of the order and will be communicated to the customer.
The Customer can choose between the following payment methods for any order and delivery:
a) in cash in the Drakkaria brick-and-mortar store, Rašínovo nábřeží 386/52, Nové Město, 120 00 Praha,
b) in cash on delivery
c) by bank transfer to the seller's account.
According to the Proof of Sales Act, the seller shall issue a receipt for the goods. In addition, the sellers has to record the accepted payment with the online tax register and in case of a technical issue it has to be registered within 48 hours.
The goods shall remain the property of the Supplier until the purchase price has been paid in full.
The customer shall accept the goods sent to the delivery address indicated in the order. In case of repeated delivery the customer is obliged to cover the additional cost.
III CANCELLATION POLICY
The customer has the right to cancel his or her contract of sale within 14 days. The stated period of time starts on receipt of the goods. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time for the supplier's address: Drakkaria, Rašínovo nábřeží 386/52, Nové Město, 120 00 Praha 2, or informing the supplier using email: firstname.lastname@example.org.
Cancellation of contract of sale means cancelling the contract from its beginning.
The seller provides a cancellation form as an attachment to Ts&Cs.
The customer shall return the good to the supplier within 14 days as of cancellation of the contract of sale. The cost related to the return of the goods is covered by the customer.
The supplier shall refund the customer within 14 days and in the same fashion as its reception.
The supplier has a right to deduct any compensation of damaged goods from the purchase price.
Shall a gift be provided to the customer together with the goods and the customer withdraws from the purchase contract, the customer is obliged to return the provided gift together with the goods.
The customer cannot withdraw from the contract unless the contract has been concluded on distance or if the goods have been modified according to the consumer's wishes.
The seller has the right to withdraw from the contract of sale if the purchase price of the goods was wrongly stated at the time of conclusion of the contract and was disproportionate to the value of the goods.
IV RIGHTS OF DEFECTIVE PERFORMANCE
The supplier is responsible for ensuring the goods are free from defects. The supplier is liable for defects in goods that arise within the warranty period of 24 months from its receipt by the customer.
The supplier is not responsible for defects and wear and tear of the goods caused by its normal use. For goods sold at a lower price, the seller is not responsible for the defect for which the lower price was agreed.
The customer can exercise the rights from defective performance at the following address: Drakkaria, Rašínovo nábřeží 386/52, Nové Město, 120 00 Prague 2, or by e-mail: email@example.com. The day on which the supplier received the claimed goods from the Buyer is considered to be the moment of the claim.
When a claim is made, the customer is also obliged to state what right of defective performance he/she has chosen.
V PERSONAL DATA PROTECTION (GDPR)
If the customer is a person (natural person), he/she acknowledges that the supplier will process his / her personal data in accordance with the General Data Protection Regulation (Regulation 2016/679). Personal data means all information about an identified or identifiable natural person (data subject). An identifiable natural person is one that can be identified directly or indirectly, for example by reference to a particular identifier (name, identification number, indication of the position he / she holds, etc.). The controller is any natural or legal person, public authority, etc., which determines the purpose and means of processing personal data.
Under this Regulation, each controller is obliged to provide the data subject with the following information:
a) the administrator is the supplier, his identification is in the introductory part of these terms and conditions,
b) the Data Protection Officer has not been appointed
c) the purpose of the processing is to fulfil the purchase contract, the processing of personal data is also necessary to fulfil the legal obligation to which the controller applies,
d) the legitimate interest of the controller arises from the obligation to perform the contract to which the data subject is party and to fulfil legal obligations,
e) the recipient of the personal data of the data subject may be the tax administrator and other control bodies stipulated by law;
f) the controller has no intention of transferring personal data to a third country or an international organisation,
g) the period of storage of personal data is determined by legal regulations, after which the administrator shall dispose of personal data,
h) the data subject has the right to access personal data concerning him,
i) the legal title of the processing of personal data is not the consent of the data subject. The processing of personal data is necessary for the performance of the contract to which the data subject is a party and for the fulfilment of the legal obligation to which the controller is subject,
j) in the Czech Republic, the Supervisory Authority is the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7. If the data subject is dissatisfied with the processing of his / her personal data carried out by the controller, he / she can file a complaint directly to him / her or contact the Office for Personal Data Protection,
k) the provision of personal data is a legal and contractual requirement for their processing by the controller. If the data subject requires performance which is the subject of the contract concluded between him and the controller, he shall provide the necessary personal data. If the data subject fails to provide the necessary personal data, the controller has the right to terminate the contractual performance,
l) there is no automated decision-making when processing personal data.
In addition to the right to information, the data subject has other rights, in particular:
a) the right to obtain confirmation from the controller whether or not the personal data concerning him are being processed. If it is processed, it has the right to obtain such personal data. The administrator shall provide a copy of the processed personal data free of charge. The administrator may charge a reasonable fee not exceeding administrative costs for further copies at the request of the data subject,
b) the right of the controller to correct inaccurate data concerning him without undue delay. It also has the right to complete incomplete personal data. The administrator is not obliged to actively search for inaccurate personal data. If he / she finds out that the processed personal data are incomplete or inaccurate, he / she is obliged to correct or complete them,
c) the right to delete their personal data. The controller is obliged to delete personal data without undue delay, especially if it is no longer necessary for the purposes for which it was processed. The right of erasure may be exercised by the data subject only after the period for which the controller is obliged to keep personal data.
In order to assert its rights, the data subject may use the sample application provided by the seller, which is enclosed to the Ts&Cs.
VI NEWSLETTERS AND USING COOKIES
The customer agrees to receive commercial communications by the seller to the provided email address or telephone number. The customer may revoke this consent at any time.
The customer agrees with saving cookies on his computer. Shall the purchase be realised on the website and the supplier's obligations within the contract of sale can be fulfilled without storing so-called cookies, the customer can withdraw the consent at any time.
VII FINAL PROVISIONS
Contract of sale shall be concluded in Czech, English, German or French language.
This agreement is governed by the laws of the Czech Republic and mainly by the Civil Code even if the customer is a resident of a different country.
The seller is prepared to find an agreement when should it come to potential disputes with the customers.
Should the supplier and the customer cannot find an agreement, they shall seek a solution with relevant authority (local court).
An individual provisions of these Ts&Cs will remain provisions of the Česka obchodní inspekce.
Form of cancellation of contract of sale: download the form in DOCX format.
Data request form: download the form in DOCX format.