Terms and conditions
Terms and Conditions — Rocío
Rocío — Reconnect deeper
Terms and Conditions
General terms and conditions governing the sale of goods through the online store www.rocio.cz.
These General Terms and Conditions ("GTC") apply to purchases made through the online store operated at www.rocio.cz. By submitting a binding order, the buyer confirms that they have read and expressly agree to these terms.
I. Basic provisions
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These GTC govern the relationship between the contracting parties to the purchase agreement, where on one side is the entrepreneur, a natural person doing business under the business name Ing. Jiří Močidlan, Company ID (IČO): 23613815, with registered office at Malá Strana 19, Zbyslavice, 74283, as the seller (the "Seller"), and on the other side is the buyer (the "Buyer").
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The Buyer is either a consumer or an entrepreneur.
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A consumer is any individual who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, enters into a contract with the Seller or otherwise deals with them.
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An entrepreneur is a person who independently carries out a gainful activity on their own account and responsibility, in a trade or similar manner, with the intention of doing so consistently for the purpose of making a profit. For the purposes of consumer protection, an entrepreneur is also considered to be, among others, any person who enters into contracts related to their own business, manufacturing, or similar activity, or in the independent exercise of their profession, or a person acting in the name of or on behalf of an entrepreneur.
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Goods are products that the Seller offers for sale to an unspecified number of third parties, all on the basis of a separate contract with the Seller's suppliers.
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By submitting a binding order, the Buyer confirms that they have read these GTC and the Seller's complaints procedure, an integral part of which is the information provided before the conclusion of the contract, and that they expressly agree with them, in the wording valid and effective at the moment the order is sent.
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The online store is operated by the Seller on the website located at the internet address www.rocio.cz (the "website").
II. Conclusion of the purchase agreement
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All presentation of goods placed in the web interface of the store is of an informative nature, and the Seller is not obliged to conclude a purchase agreement regarding these goods. The proposal to supply goods at the prices stated on the website is an offer to conclude a contract pursuant to Section 1731 of the Civil Code, subject to the depletion of stock or the Seller's loss of ability to perform. This offer does not permit acceptance with an addition or deviation. The properties and composition of the goods are stated on the website.
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The prices of the goods offered are stated inclusive of value added tax and all related charges; however, the costs of delivery of the goods or services vary depending on the chosen method and provider of transport and the method of payment. The offer to sell goods and the prices of these goods remain valid for as long as they are displayed on the store's website. This provision does not limit the Seller's ability to conclude a purchase agreement on individually agreed terms.
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The Seller reserves the right to change the stated prices unilaterally. In the event that an incorrect price is displayed in the e-shop and an order for goods is placed at the incorrect price, the Seller reserves the right to cancel the order, inform the customer, and correct the price of the goods without delay.
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The Seller further declares that all product information is provided in accordance with the current available data. In the event that more detailed information is not stated for a product, the Seller will provide it additionally at the Buyer's request.
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The Buyer expressly declares that they have read and understood these terms and conditions and agree with them without reservation, that they have full legal capacity, and, if registration is completed, declare that the registration data provided by them is true. The Buyer further expressly declares that by placing an order for the selected goods they expressly agree to the Seller's terms and conditions in the wording in effect when the order was placed.
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To order goods, the Buyer completes the order form. The order form contains in particular information about:
- the goods ordered (the Buyer "places" the ordered goods into the electronic shopping cart on the store's website),
- billing details,
- the method of payment of the purchase price of the goods, and details of the requested method of delivery of the ordered goods,
- information about the costs associated with the delivery of the goods (together referred to as the "order").
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The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order, which is sent by the Seller to the Buyer by electronic mail, to the Buyer's email address.
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The Buyer agrees to the use of means of distance communication when concluding the purchase agreement. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) are borne by the Buyer themselves, and these costs do not differ from the standard rate.
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For goods that are not in stock at the time the order is processed, the Seller will determine their availability and delivery date with its business partners. Goods that are not in stock or are made to order may be discounted or increased in price with regard to changes in the exchange rate. The Seller will inform the Buyer of the fulfilment of the order in the shortest possible time (usually within 3 working days) at the contact email address provided.
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The Buyer's acceptance of unsolicited performance does not constitute acceptance of an offer.
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The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
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The Seller does not conclude contracts whose subject is recurring performance. The contract is concluded in the Czech language. If a translation of the text of the contract is created for the Buyer's needs, then in the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language shall prevail.
III. Price of goods and payment terms
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The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
- cashless payment by card;
- transfer to the Seller's bank account;
- cash on delivery;
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Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is hereinafter understood to include the costs associated with delivery of the goods.
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In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable according to the due date stated on the invoice.
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Where customary in business dealings or where required by generally binding legal regulations, the Seller shall issue a tax document — an invoice — to the Buyer regarding payments made on the basis of the purchase agreement. The Seller is a value added tax payer. The Seller shall issue the tax document — invoice — to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer's email address.
IV. Withdrawal from the purchase agreement
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Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the purchase agreement at any time. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, by cashless transfer to the account designated by the Buyer.
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A Buyer who is a consumer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days of taking over the goods; where the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the day of taking over the last delivery of goods. Withdrawal from the purchase agreement must be sent to the Seller within the period stated in the previous sentence. The Buyer may send the withdrawal from the purchase agreement, among other options, to the address of the Seller's premises or to the Seller's email address.
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In the event that goods have been individually modified according to the Buyer's wishes, the Buyer does not have the right to withdraw from the contract in the manner stated in paragraph 2. The Seller modifies goods individually at the Buyer's request according to their order — in such a case the contract has the nature of a contract for work; this does not affect the validity of the other provisions of these GTC, with the price for carrying out the work being included in the purchase price. The Buyer is responsible for ensuring that the modification of the goods according to their order does not infringe the rights of third parties. In the event that the legitimacy of use is not proven, the Seller is entitled to supply the goods without modification at the standard purchase price, or to refuse production entirely.
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The Buyer may send the withdrawal from the purchase agreement, among other options, to the Seller's email address: reconnect@rocio.cz. The Buyer is entitled to withdraw using the model withdrawal form.
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In the event of withdrawal from the purchase agreement, the purchase agreement is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. The goods must be returned to the Seller complete, with complete documentation, clean, undamaged and unused, unopened in their original packaging, and in the condition and value in which the Buyer received them from the Seller. If the Buyer withdraws from the purchase agreement, the Buyer bears the costs associated with returning the goods to the Seller, even in the case where the goods cannot be returned by the usual postal route due to their nature. In the event of withdrawal, the Buyer shall bear the costs associated with returning the goods that exceed the cost of transporting the goods by the usual postal route.
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In the event of withdrawal from the contract, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase agreement, in the same manner in which the Seller received them from the Buyer. The Seller is entitled to inspect the returned goods, in particular in order to determine whether the returned goods are not damaged, worn, or partially consumed. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that they have sent the goods to the entrepreneur.
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The Buyer expressly acknowledges that if the goods returned by the Buyer are damaged, worn, or partially consumed, the Seller has a claim against the Buyer for compensation for the reduction in the value of the goods and may set it off against the amount to be returned. The Seller is entitled to unilaterally set off the claim for compensation for the damage incurred against the Buyer's claim for the return of the purchase price, even in the event that any of the offset claims is not yet due. The Seller undertakes to inform the Buyer in writing of the reasons for setting off the claims, in particular of the damage and its extent to the goods, all within the period of fourteen (14) days within which the Seller is obliged to return the funds, or the purchase price for the goods, to the Buyer.
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In the event that the Seller provides the Buyer with a gift together with the goods, the gift agreement between the Seller and the Buyer is concluded with the resolutive condition that if the Buyer withdraws from the purchase agreement, the gift agreement regarding such a gift ceases to be effective and the Buyer is obliged to return the provided gift to the Seller together with the goods. The Seller is not obliged to return the received funds before the Buyer returns the goods, including the provided gift.
V. Transport and delivery of goods
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In the event that the method of transport is agreed on the basis of a special request by the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport. Otherwise, it is assumed that the method of transport is determined by the Seller.
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With regard to the possible options, the Seller provides the price and method of delivery, namely:
- Czech Post (Balíkovna) — CZK 69
- Czech Post hand delivery (Balíkovna to address) — CZK 89
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If, under the purchase agreement, the Seller is obliged to deliver the goods to the place designated by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
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Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any obviously visible defects, to notify the carrier immediately. In the case of visibly damaged packaging, the Buyer shall take over the goods with a reservation (when signing for receipt, the Buyer shall write that they are taking over "with a reservation," or they may refuse to take over the shipment from the carrier). By signing the delivery note, the Buyer confirms that the packaging of the shipment containing the goods was intact.
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In the event that, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery. After the unaccepted goods are returned to the Seller's registered office, the Buyer will be issued a proforma invoice for the transport of the goods with a due date of 7 days. In the event that the invoice is not paid, the Seller is entitled to demand its payment through the courts.
VI. Rights arising from defective performance
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The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that, at the time the Buyer took over the goods:
- the goods have the properties agreed by the parties, and, in the absence of an agreement, have such properties as the Seller or manufacturer described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
- the goods are suitable for the purpose stated by the Seller for their use, or for which goods of this kind are usually used,
- the goods comply with the requirements of legal regulations.
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If a defect appears within six months of receipt, the goods are deemed to have been defective already upon receipt.
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The Buyer is entitled to exercise the right arising from a defect that occurs in the goods within 24 months of receipt. The Buyer shall inspect the purchased goods as soon as possible after their delivery and ascertain their properties and quantity; any defects shall then be claimed by the Buyer in the manner and within the periods stated in the Complaints Procedure. The Complaints Procedure is an integral part of the general terms and conditions.
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The Buyer exercises rights arising from defective performance (also a "complaint") with the Seller at the address of its premises where the acceptance of a complaint is possible with regard to the range of goods sold, or, where applicable, at the registered office or place of business. The moment of exercising a complaint is considered to be the moment when the Seller received the claimed goods from the Buyer.
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Upon receipt, the Buyer has the obligation to check whether damage occurred during transport. In the event that the Buyer is delivered a shipment in which visible damage occurred during transport, the Buyer is obliged, without undue delay, to properly check the shipment and, upon discovering damage to the shipment, to immediately draw up a damage report with the courier. A later complaint about damage to the goods cannot be taken into account. By signing upon receipt of the shipment, the recipient confirms that they received the shipment undamaged. In such a case, the Buyer has the obligation to take over the shipment "with a reservation," i.e., to add a note stating "received with a reservation" to the document confirming receipt to the courier. Likewise, upon request, you may unpack the parcel in front of the carrier and check your goods. In the event of damage to the goods, the Buyer is not obliged to return the goods to the courier. In the event of damage to the goods during transport, the Buyer is obliged to send the Seller a written complaint within 2 days of receipt of the goods. If, after unpacking the shipment, the Buyer discovers damage to the goods, inform the Seller of this fact immediately, but no later than within 2 days of the date of receipt of the shipment. A later report cannot be taken into account. For the successful handling of a complaint, it is necessary to:
- a) report a description, and
- b) send to the Seller's email address complete photo documentation (the box from the outside, the box with its full stored contents, the shipment's cushioning, if any, the empty box in the case where it is, for example, soaked through, the damaged goods, and anything the Buyer deems necessary). The Buyer shall not keep the damaged goods, packaging, or cushioning; in the event of uncertainties, the Seller may ask the Buyer to send the damaged shipment, including the packaging, back, at the Seller's expense,
- c) enclose in the shipment a legibly and comprehensibly stated description of the defect and contact details for the Buyer,
- d) enclose the tax document for the claimed goods.
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Rights arising from defective performance shall not apply in the event that the defects arose from ordinary use (wear and tear), further from incorrect use of the product, and from incorrect storage. Likewise, they do not apply to defects arising from improper assembly.
VII. Protection of personal data
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The protection of the personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
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The Buyer agrees to the processing of the following personal data of theirs: name and surname, home address, identification number, tax identification number, email address, telephone number (together referred to as "personal data").
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The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations arising from the purchase agreement. Consent to the processing of personal data in the full scope under this article is not a condition that would in itself make it impossible to conclude the purchase agreement. The personal data will be processed for an indefinite period.
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The Seller may entrust a third party, as a processor, with the processing of the Buyer's personal data. Apart from the persons transporting the goods, personal data will not be passed on by the Seller to third parties without the Buyer's prior consent.
VIII. Commercial communications and cookies
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The Buyer agrees to the sending of information related to the goods, services, or business of the Seller to the Buyer's email address, and further agrees to the sending of commercial communications by the Seller to the Buyer's email address.
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The user agrees that email messages may be sent to them (commercial communications and general information about news and updates to the server; the email may be of an informational or advertising nature) to the address provided when registering for the user account. These messages are considered to be requested by the Buyer and are not so-called spam on the part of the Seller. The Buyer may notify the Seller of their refusal of consent to the sending of such messages at any time via email to the address designated for electronic communication.
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The Buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase can be made on the website and the Seller's obligations under the purchase agreement can be fulfilled without so-called cookies being stored on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.
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The Buyer is entitled to withdraw consent to the sending of commercial communications at any time without giving a reason.
IX. Final provisions
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If any provision of the terms and conditions is invalid or ineffective, or becomes so, a provision whose meaning most closely approximates the invalid provision shall replace the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase agreement or the terms and conditions require written form.
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All photographs, logos, 3D photographs, and texts of goods in this e-shop (www.rocio.cz) are protected by Sections 46–57 of Act No. 121/2000 Coll., on copyright, on rights related to copyright, and on the amendment of certain laws.
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The Seller reserves the right to change these Terms and Conditions. The Seller shall announce a change to these Terms and Conditions in an appropriate manner in the online store system www.rocio.cz, as well as at its premises, at least fourteen days before the new terms and conditions take effect.
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The prices stated in the online store www.rocio.cz are valid at the moment of ordering.
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The Seller reserves the right to correct printing errors.
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Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing, by email, in person, or by registered mail via a postal service operator (at the sender's choice). The Buyer is delivered to at the address:
Seller's registered office: Ing. Jiří Močidlan, Company ID (IČO): 23613815, registered office: Malá Strana 19, Zbyslavice 742 83.Seller's email: reconnect@rocio.cz
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