Terms and Conditions
The following General Business Terms and Conditions (hereinafter referred to as 'GTC') regulate the relationships between parties in the online store at the website located at http://www.enoty.eu (hereinafter referred to as 'e-shop eNoty.eu') through the interface of the website (hereinafter referred to as the ‘interface of e-shop eNoty.eu’). E-shop eNoty.eu is owned and operated by Blesk Market s.r.o., registered in the Czech Republic at the office at Ostravská 544, 735 41 Petřvald, company identification No. 26432668 (hereinafter referred to as 'Blesk Market').
These GTC provides you with information about:
1.1 These GTC govern in accordance with the provisions of Section 1751 (1) of the Act No 89/2012 Coll., the Civil Code (hereinafter referred to as ‘the Civil Code’) mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the ‘Purchase Agreement’) concluded remotely between Blesk Market and another physical entity (hereinafter referred to as the ‘Customer’), as a rule through the eshop eNoty.eu owned and operated by Blesk Market.
1.2 These GTC do not apply to the cases where Customer is a legal entity or a person who is ordering the goods within the framework of their business activities or by way of pursuing their individual professional occupation.
1.3 Any provisions differing from the GTC can be negotiated in the Purchase Agreement. Divergent provisions in the Purchase Agreement overrule the provisions of the present GTC.
1.4 All provisions of the GTC are an integral part of the Purchase Agreement. The Purchase Agreement and the GTC are primarily written in the Czech language. The Purchase Agreement can be also written in Polish and English languages.
1.5 Blesk Market can modify or extend the wording of the GTC by means of addendums. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of the GTC.
1.6 The Customer is obligated to become acquainted with these VOP a by placing the order accepts these VOP and agrees with their content.
2.1 Based on the Customer's registration made on e-shop eNoty.eu the Customer can access his/her user interface. From his/her user interface, the Customer can perform the ordering of goods (hereinafter referred to as the ‘Customer Account'). The Customer can also order goods without registration directly from the interface of e-shop eNoty.eu.
2.2 When registering in eshop eNoty.eu and when ordering goods, the Customer is obligated to state all data correctly and truthfully. The Customer is obligated to update the data stated in the Customer Account upon any change. Data provided by the Customer in the Customer Acccount and when ordering goods are considered by Blesk Market to be correct.
2.3 Access to the Customer Account is secured by a user name and password. The Customer is obligated to maintain confidentiality regarding the information necessary to access his/her Customer Account.
2.4 The Customer is obligated not to allow the use of the Customer Account by third parties.
2.5 The Customer may cancel the Customer Account, especially when the Customer does not use it for more than 360 days, or immediately in a case when the Customer breaches his/her obligations under the Purchase Agreement (including GTC).
2.6 The Customer notes that the Customer Account may not be available continuously, especially with respect to the necessary maintenance of the hardware and software equipment of Blesk Market, or the necessary maintenance of the harware and software equipment of third parties.
3.1 All presentations of the goods placed in eshop eNoty.eu are informative and Blesk Market is not obligated to conclude a purchase agreement for these goods. The provision of Section 1732 (2) of the Civil Code shall not apply. The order is a proposal for the conclusion of a purchase agreement.
3.2 Eshop eNoty.eu contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods cannot, by de!nition, be returned through their normal postal route. Prices of goods are listed including VAT and all other taxes and fees. However, the prices of goods do not include the costs associated with the delivery of the goods (postage, transport). Prices of goods remain valid for as long as they are displayed in eshop eNoty.eu. This provision does not limit Blesk Market’s ability to conclude a purchase agreement for individually negotiated terms.
3.3 Eshop eNoty.eu also includes information on packaging and shipping costs. The price of the goods does not include costs associated with the delivery of the goods. The costs associated with the delivery of the goods varies within the area of the Czech Republic and outside of this area.
3.4 To order the goods, the Customer shall complete the order form in eshop eNoty.eu. The order form contains, in particular, information on:
3.4.1. other ordered goods (the Customer shall ‘place’ the ordered goods into the electronic shopping cart of the eshop eNoty.eu),
3.4.2. the method of payment of the purchase price of the goods, details of the required way of delivery of the ordered goods,
3.4.3 information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the ‘Order’).
3.5 Before sending the Order to the Customer, Blesk Market is allowed to check and modify the data that the Customer has placed in the Order, also with respect to Blesk Market’s ability to identify and correct the errors incurred when entering the data into the Order. The Order shall be sent by the Customer to Blesk Market by clicking on the appropriate order button. The data stated in the Order are deemed correct by the Customer. Upon receipt of the Order, Blesk Market shall confirm this receipt to the Customer by email, to the email address of the Customer stated in the Customer Account or in the Order (hereinafter referred to as the ‘Customer's email’).
3.6 Blesk Market is always entitled to ask the Customer for additional confirmation of the Order (for example, in writing, by telephone, via SMS, or by double-checking), depending on the nature of the Order (quantity of goods, purchase price, estimated transport costs).
3.7 Proposal of the Purchase Agreement in form of the Order is valid in the duration of 15 days.
3.8 The Purchase Agreement is concluded between the Customer and Blesk Market by delivery of the acceptance of the Order (acceptance), which is sent to Blesk Market by the Customer via email to the Customer's email.
3.9 If Blesk Market cannot meet some of the requirements from the Order, Blesk Market sends modified Order to the Customer, where lists possible variations and asks the Customer for his/her standpoint.
3.10 Modified Order is regarded as a new proposal of the Purchase Agreement and is concluded between the Customer and Blesk Market by delivery of the acceptance of the Order by the Customer sent via Customer's email.
3.11 The Customer agrees to the use of remote means of communication when concluding the Purchase Agreement. Costs incurred to the Customer when using remote means of communication in connection with the conclusion of the Purchase Agreemnt (costs of Internet connection, telephone call costs) are borne by the Customer him-/herself, in which case these costs do not differ from the basic rate.
4.1 According to the Purchase Agreement, the price of the goods and potential costs associated with the delivery of goods may be paid by Blesk Market to the Customer in the following manner:
- in cash, to be paid on delivery at the place of shipping address as stated in the Order (applies only in the area of the Czech Republic),
- cashless via bank transfer to Blesk Market's bank account (hereinafter referred to as the 'Blesk Market's bank account'):
- for payment in CZK, no. 2300176381/2010, maintained by the Fio banka, a.s.),
- for payment in EUR, IBAN: CZ9620100000002200750075 SWIFT: FIOBCZPPXXX, maintained by the Fio banka, a.s.,
- cashless via online bank transfer,
- cashless via payment card.
4.2 Together with the purchase price, the Customer is also obligated to pay Blesk Market the costs associated with the delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price is understood as also the costs associated with the delivery of the goods.
4.3 Blesk Market does not ask the Customer for a deposit or other similar payments. This is without prejudice to the provisions of Article 4.6 of the GTC on the obligation to pay the purchase price of the goods in advance.
4.4 In the case of cash payment, the purchase prise of the order is payable at the goods take-over. In case of non-cash payment, the purchase price of the order is due in 5 working days from the moment of the contract conclusion.
4.5 In the case of cashless payment, the Customer is obligated to pay the price of the goods together with indicating the variable symbol of the Order. In the case of cashless payment, the purchase price is deemed to be paid by the Customer as soon as the respective amount is credited to the Blesk Market's bank account.
4.6 Blesk Market is entitled to, in particular in the event that the Customer fails to provide an additional confirmation of the Order (Article 3.6), require the payment of the full purchase prise before sending the goods to the Customer. The provisions of Section 2119 of the Civil Code shall not be applied.
4.7 Any discounts on the price of the goods provided by Blesk Market to the Customer cannot be combined.
4.8 If it is in the usual course of trade or if so stipulated by generally binding legal regulations, Blesk Market shall issue a tax document – an invoice - to the Customer with regards to the payments made under the Purchase Agreement. The tax document (the invoice) issued by Blesk Market to the Customer after the payment of the purchase price of the goods shall be sent electronically to the Customer's email.
4.9 According to the Act on registration of sales Blesk Market is obliged to issue a receipt to the Customer. At the same time he is obliged to register the received payment at the tax administrator online; in case of a technical failure, at the latest within 48 hours.
5.1 The Customer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Agreement for the supply of goods, which had been adjusted according to the Customer’s wish or for his/her person; to withdraw from the Purchase Agreement for the supply of goods, which were in a original package sealed or provided with another protective feature and due to hygiene reasons it is not possible to return such goods; and to withdraw from the Purchase Agreement for the supply of goods of audio or video recordings, which were in a original package provided with a protective feature that was impaired.
5.2 If the situation mentioned in Article 5.1 or another situation when it is not possible to withdraw from the Purchase Agreement is not the case, the Customer, in accordance with the provision of Section 1829 (1) of the Civil Code has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in which case the subject matter of the Purchase Agreement consists of several types of goods and the delivery of several parts, this period runs from the date of the receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to Blesk Market within the period specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Customer may use the address of Blesk Market (Ostravská 544, 73541 Petřvald, Czech Republic), or Blesk Market's email, firstname.lastname@example.org.
5.3 The Customer is entitled to withdraw from the Purchase Agreement in its entirety or partly, by returning the goods.
5.4 In the case of withdrawal from the Purchase Agreement according to Article 5.2. of GTC, the Purchase Agreement shall be cancelled from the beginning. The goods must be returned to Blesk Market within fourteen (14) days of the date of withdrawal from the Purchase Agreement. If the Customer withdraws from the Purchase Agreement, the Customer bears the costs associated with the return of the goods to Blesk Market, even if the goods cannot be returned through their normal postal route.
5.5 In the case of withdrawal from the Purchase Agreement according to Article 5.2 of GTC, Blesk Market shall return the funds received from the Customer within fourteen (14) days of withdrawal from the Purchase Agreement, in the same manner as Blesk Market has received them from the Customer. Blesk Market is also entitled to return the performance provided by the Customer upon the return of the goods by the Customer or otherwise, provided that the Customer agrees with it and no additional costs to the Customer shall incur. If the Customer withdraws from the Purchase Agreement, Blesk Market is not obligated to return the received funds to the Customer before the Customer has returned the goods or shows that the goods had been dispatched to Blesk Market.
5.6 If the returned goods are damaged, Blesk Market shall be entitled to claim a compensation for the reduced value of goods and to include it in the returned sum.
5.7 In cases when the Customer is entitled to withdraw from the Purchase Agreement pursuant to Section 1829, Subsection 1 of the Civil Code, Blesk Market shall also be entitled to withdraw from the Purchase Agreement at any time until the Customer accepts the goods. In such case, Blesk Market shall return the purchase price to the Customer without undue delay via a cashless transfer onto the account specified by the Customer.
5.8 If a gift is provided to the Customer together with the goods, the donation agreement between Blesk Market and the Customer is concluded with a condition subsequent that should the Customer withdraw from the Purchase Agreement, the donation agreement shall expire and the Customer is obligated to return the given gift together with the goods to Blesk Market.
6.1 If the mode of transport is agreed upon by a Customer’s special request, the Customer bears the risk and any additional costs associated with this mode of transport.
6.2 If Blesk Market is obligated to deliver the goods to a place specified by the Customer in the Order, according to the Purchase Agreement, the Customer is obligated to take over the goods upon delivery.
6.3 If for reasons on the Customer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Customer is obligated to pay the costs associated with the repeated delivery of the goods, or the costs associated with another delivery method.
6.4 Upon the takeover of the goods from the carrier, the Customer is obligated to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorised entry into the consignment, the Customer is not required to take over the consignment from the carrier. This provision shall not affect the Customer's responsibilities for defects of the goods and the Customer's rights of the GTC.
6.5 Other rights and obligations of the contracting parties related to the delivery of the goods may be stipulated by Blesk Market, if they are stated in the interface of eshop eNoty.eu.
7.1 The rights and obligations of the contracting parties regarding the rights to defective performance are governed by Czech, primarily sections § 1914-1925, § 2099-2117, § 2161-2174 of Civil Code.
7.2 Blesk Market takes responsibility in front of the Consumer to ensure that the goods do not have defects at the moment of the goods handover. In particular, Blesk Market is liable to the Customer to ensure that at the time when the Customer receives the goods:
7.2.1 the goods have the qualities, which the parties have agreed upon, and, in the absence of such an agreement, such qualities that Blesk Market or the manufacturer described or which the Customer expected given the nature of the goods and on the basis of the advertising carried out by the Customer,
7.2.2 the goods is qualified to be used for the purpose which is declared by Blesk Market, or which the goods of such type are normally used for,
7.2.3 the goods is in appropriate amount, scope and weight,
7.2.4 the goods fulfill the requirements of relevant legal regulations.
7.3 The provisions referred to in the Article 7.2 of the GTC shall not apply to goods sold ata lower price due to a defect for which the lower price was negotiated, to the regular degree of wear and tear of the goods caused by its usual use, in case of used goods for the defects corresponding to the degree of use or wear and tear of the goods at the time of the takeover of the goods by the Customer, or if it arises from the nature of the goods.
7.4 If the defect is revealed in the run of 6 months from the moment of the goods takeover, it shall be deemed that the goods were already defective during the handover (when accepted by the Customer).
7.5 The rights arising from defective performance shall be exercised by Blesk Market at the address of Blesk Market's premises, in which the acceptance of the filed complaint is possible with regard to the assortment of sold goods, possibly also at the registered address of Blesk Market or in the place of business operation. The claim of the goods is considered to be applied at the moment of the goods being accepted by Blesk Market.
7.6 Other rights and obligations of the contracting parties related to Blesk Market’s liability for defects are governed by governed by Return and Refund Policy stated in the interface of e-shop eNoty.eu.
8.1 The Buyer acquires ownership of the goods at the moment of receipt of the goods.
8.2 Blesk Market is not bound by any codes of conduct in relation to the Customer in the sense of provisions of Section 1826 (1) (e) of the Civil Code.
8.3 Blesk Market ensures handling of consumer complaints via Blesk Market's email, email@example.com. The information about the settlement of the complaint is sent by Blesk Market to the Customer‘s email.
8.4 In case of out-of-court settlement of consumer disputes arising from the Purchase contract the relevant Czech trade inspection, with registered office at Štěpánská 567/15, 120 00 Praha 2, IN: 000 20 869, internet address: https://adr.coi.cz/cs is used. It is possible to deploy an online platform located at the internet address http://ec.europa.eu/consumers/odr for consumer dispute resolution in disputes between Blesk Market and the Customer arising from the Purchase Agreement.
8.5 The European consumer centre in the Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz serves as the contact point according to a Regulation of the European parliament and of the Council (EU) No 524/2013 of 21 May 2013, on consumer dispute resolution via online platform and amending regulation (EC) No 2006/2004 and directive 2009/22/EC (regulation on consumer dispute resolution online).
8.6 Blesk Market is entitled to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined range, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section1765 (2) of the Civil code.
10.1 Unless otherwise specified, all communication regarding the Purchase Agreement must be delivered to the other contractual party in a written form via email, in person, or as a registered letter via postal service provider. The communication from Blesk Market towards the Customer is delivered to the Customer's email.
10.1.1 In case of delivery via email, the message is considered delivered as of the moment of being accepted by the incoming mail server. Messages delivered in person or by means of a provider of postal services are considered as received as of the moment of being accepted by the addressee or of being refused to accept by the addressee. In case of delivery by means of a provider of postal services, the message is also considered as delivered upon the expiry of ten (10) days after the deposit of the message by the provider of postal services, even in case the addressee did not learn about the deposit.
11.1 If the relationship arising from the Purchase Agreement includes an international (foreign) element, then the parties agree that such relationship is governed by Czech law. This does not affect the consumer rights resulting from generally binding legal regulations and under the provisions of section 6 paragraph 1 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 of the law applicable to contractual obligations (Rome I), these regulations shall be applied.
11.2 If any provision of the Purchase Agreement, including these GTC, is invalid or ineffective, or if it becomes such, the invalid provision is replaced by a provision the meaning of which will be as close as possible to the original provision. The invalidity or unenforceability of one provision shall not affect the validity of the other provisions. The same applies if the contract should contain omissions.
11.3 Contract between the customer and Blesk Market, including the GTC, is stored by Blesk Market in a electronic form and is not accessible.
11.4 Contact details:
- address, warehouse: Ostravská 544, 735 41 Petřvald, Czech Republic
- tel.: +420 596 541 237
- cell phone: +420 603 453 327
- e-mail: firstname.lastname@example.org
These GTC, including its integral parts, come into effect on 24th October 2019.