Terms and Conditions

GENERAL TERMS AND CONDITIONS 

These General Terms and Conditions ("Terms") of J.PORKERT export-import, s.r.o., seated at Vrchlického 682/84, 46014 Liberec 14, IČO 49900706, registered in the Commercial Register under file No. Section C, File 5869 maintained by the Regional Court in Ústí nad Labem, e-mail: dokredence@porkert.biz, phone: +420222326221, the address of the premises: Thámova 24, 18600 Prague 8 ("We" or "Seller") shall regulate the mutual rights and obligations of You as buyers and Us, as sellers, arising in connection with or on the basis of a purchase contract ("Contract") concluded through the E-shop on the www.dokredence.cz website in accordance with the provisions of § 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code").

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here.

The provisions of these Terms and Conditions are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.

As you surely know, we communicate primarily remotely. Therefore, even for our Contract, means of distance communication are used, which allow us to agree without the simultaneous physical presence of Us and you, and the Contract is thus concluded in a distance manner in the E-shop environment, through the website interface ("E-shop web interface").

If any part of the Terms contradicts what we have jointly approved as part of your purchase process in Our E-shop, that particular agreement will take precedence over the Terms.

1. Some definitions
   • Price is the amount of money you will pay for the Goods;
   • The shipping price is the amount of money you will pay for the delivery of the Goods, including the price of their packaging;
   • The total price is the sum of the Price and the Shipping Price;
   • VAT is a value added tax according to applicable legislation;
   • Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
   • Order is Your binding proposal to conclude a Contract for the Purchase of Goods with Us;
   • User Account is an account established on the basis of the data provided by you, which allows you to store the entered data and keep the history of ordered Goods and concluded Contracts;
   • You are a buyer in Our E-shop, referred to by law as the buyer;
   • Goods are everything you can buy in the E-shop.
2. General provisions and instructions
   • The purchase of the Goods is possible only through the web interface of the E-shop.
   • When purchasing Goods, it is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and true.
   • In our E-shop we also provide access to the evaluation of the Goods made by other consumers. We ensure and check the authenticity of such reviews by linking reviews to specific orders, so we can see the linked order ID for each review in the internal system, so we are able to verify and prove that the review comes from a real consumer.
3. Contract
   • The contract with Us can be concluded in Czech, English or German. The contract is concluded remotely through the E-shop, while the costs of using the means of distance communication are covered by you. However, these costs are no different from the base rate You pay for the use of these funds (i.e. in particular for Internet access), so You may not expect any additional costs charged by Us beyond the Full Price. By submitting an Order, you agree that we use the means of distance communication.
   • In order for us to be able to conclude the Contract, it is necessary for you to place an Order in the E-shop. This proposal must include the following information:
     1. Information about the purchased Goods (in the E-shop you mark the Goods you are interested in purchasing by clicking on the "Add to cart" button;
     2. Information about the Price, Shipping Price, Method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of an Order within the user environment of the E-shop, while information about the Price, Shipping Price and Total Price will be provided automatically based on the Goods you select, the method of delivery and payment;
     3. Your identification and contact details necessary for the Goods delivery, in particular name, surname, delivery address, telephone number and e-mail address.
   • During the Order creation, you can change and check the data until its completion. After checking by pressing the "Order with payment obligation" button, you will complete the order. Before pressing the button, however, you must confirm you have read and agree with these Terms and Conditions, otherwise it will not be possible to complete the Order. Use the checkbox to confirm and agree. After pressing the "Order with payment obligation" button, all filled in information will be sent directly to Us.
   • We will confirm Your Order to You as soon as possible after it is delivered to Us by sending a message to Your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions in the form of an e-mail attachment. The Terms and Conditions in force on the date of the Order, i.e. in the version attached as an attachment to the confirmation e-mail message, form an integral part of the Contract. By confirming the Order, the Contract between Us and You shall be concluded.
   • There may also be cases when we will not be able to confirm your Order. This is especially the case when the Goods are not available, or cases when you order a larger number of items than is allowed by us. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and should not be surprising to you. In the event that any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In this case, the contract is concluded when you confirm our offer.
   • In the event that a clearly incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you for this Price even if you have received an Order confirmation and the Contract has therefore been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. In this case, the new Contract is concluded when you confirm Our offer. An obvious error in the Price is considered, for example, if the Price does not correspond to the usual price at other sellers or a figure is missing or excessive.
   • In the event that the Contract is concluded, You are obliged to pay the Full Price.
   • If you have a User Account, you can place an Order through it. Even in this case, however, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
4. User account
   • Based on your registration in the E-shop, you can access your User Account.
   • When registering a User Account, it is your responsibility to correctly and truthfully state all entered data and update them in case of change.
   • Access to the User Account is secured by a user name and password. Regarding these access data, it is your duty to maintain confidentiality and not to provide this data to anyone. In the event of misuse, we assume no liability for this.
   • The user account is personal and you are not entitled to allow third parties to use it.
   • We may cancel your User Account, especially if you do not use it for more than 24 months or if you breach your obligations under the Agreement.
   • The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software.
5. Price and payment conditions, retention of title
   • The price is always stated in the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price specified in the Order Proposal, the Price stated in the Order Proposal, which will always be identical to the price in the Contract, shall apply. The draft Order also states the Shipping Price, or the conditions when the transport is free.
   • The total price includes VAT, including all fees stipulated by law.
   • You will be asked to pay the Full Price after the conclusion of the Contract and before our handing over the Goods. You may pay the Full Price in the following ways:
     1. Bank transfer. We will send you the payment information as part of the Order Confirmation. In case of payment by bank transfer, the Total Price is due within 7 days of ordering.
     2. Card online. In this case, the payment is made through the Go Pay payment gateway, and the payment is governed by the terms and conditions of this payment gateway. Another option is to pay via PayPal. In the case of online card payment, the Total Price is payable within a few minutes.
     3. Cash on personal collection. Cash can be paid for the Goods in case of receipt at Our premises. In the case of cash payment upon personal collection, the Total Price is payable upon receipt of the Goods. In this case a receipt will be issued and passed over to you with the Goods.
   • The invoice will be issued in paper form after payment of the Full Price and will be physically attached to the Goods. We will send the invoice electronically on request.
   • Title to the Goods passes to you only after the Full Price settlement the Goods takeover. In the case of payment by bank transfer, the Total Price is paid by crediting it to Our account, in other cases it is paid at the time of payment.
6. Delivery of goods, transfer of risk of damage to things
   • The goods will be delivered to you within 3-30 days (depending on the destination) in the manner of your choice, and you can choose from the following options:
     1. Personal collection at our premises J.PORKERT export-import, s.r.o., Thámova 24, Prague 8, 6th floor;
     2. Delivery via transport companies Czech Post, PPL CZ, DHL, DPD;
   • The Goods can be delivered not only within the Czech Republic, but also to European countries and outside Europe.
   • The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated time of delivery of the Goods will be communicated to you in the Order confirmation. The period specified in these Terms and Conditions is only indicative and may differ from the actual time of delivery. In the case of personal collection at the premises, we will always inform you about the possibility of picking up the Goods via e-mail.
   • After receipt of the Goods from the carrier, You are obliged to check the integrity of the packaging of the Goods, and in case of any defects to immediately notify the carrier and Us. In the event that there is a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, it is not Your obligation to take over the Goods from the carrier.
   • In the event that You breach Your obligation to accept the Goods, except in cases under Article 4 of the Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that you do not take over the Goods does not constitute a withdrawal from the Contract between Us and You. In such a case, however, we have the right to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we are entitled to charge you CZK 100 (EUR 4.50) . If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Transportation Price or the right to compensation for damages, if any.
   • If, for reasons arising on Your part, the Goods are delivered repeatedly or in a different way than agreed in the Contract, You are obliged to reimburse Us the costs associated with such repeated delivery. We will send you the payment details covering such costs to your e-mail address specified in the Contract and they are due 14 in days from receipt of the e-mail.
   • The risk of damage to the Goods passes to you at the moment you take them over. In the event that you do not take over the Goods, except in cases under Article 4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part it was not accepted. The transfer of the risk of damage to the Goods means for you that from that moment you bear all the consequences associated with the loss, destruction, damage or any depreciation of the Goods.
   • In case the Goods have not been listed in stock in the E-shop and the approximate availability time has been stated, we will always inform you in the event of:
     1. extraordinary outage in production of the Goods, while we will always inform you of the new expected availability time or information that it will not be possible to deliver the Goods;
     2. delay in the delivery of the Goods from Our supplier, while we will always inform you of the new expected delivery time.
7. Rights from defective performance
   • We guarantee that at the time of the transfer of the risk of damage to the Goods under Article 7 of the Terms and Conditions, the Goods are free from defects, in particular that the Goods:
     1. correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
     2. is fit for the purpose for which you request it and to which we agree;
     3. it is supplied with agreed accessories and instructions for use, including installation or installation instructions;
     4. is fit for the purpose for which the Goods of this type are normally used;
     5. quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of Goods of the same type that you can reasonably expect, even taking into account public statements made by us or by another person in the same contractual chain, in particular by advertising or labelling;
     6. is supplied with accessories, including packaging, installation instructions and other instructions for use, that you can reasonably expect; and
     7. corresponds to the quality or design of the sample or template provided to you before the conclusion of the contract.
   • The rights and obligations regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
   • In the event that the Goods have a defect, in particular if any of the conditions under Article 1 is not met, You may notify Us of such a defect and exercise your rights from defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our address listed in Our identification data, or in person at J.PORKERT export-import, s.r.o., Thámova 24/133, Prague 8. For a complaint, you can also use the sample form provided by Us, which forms Annex No. 1 to the Terms and Conditions. In exercising the right from defective performance, it is necessary to choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will handle the complaint in accordance with your right of defective performance.
   • If the Goods are defective, you have the following rights:
     1. to remove the defect by delivering new Goods without defect or by delivering the missing part of the Goods; or
     2. to remove the defect by repairing the Goods, unless the chosen method of removing the defect is impossible or disproportionately expensive in comparison with the other method, which is assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed in the second way without significant difficulties for you.
   • We are entitled to refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the Goods would have without the defect.

You also have the right to:

• a reasonable discount on the Price; or
• withdrawal from the Contract,

if:

1. we refuse to remove the defect or do not remove it in accordance with legal regulations;
2. the defect manifests itself repeatedly,
3. the defect is a material breach of the Contract; or it is obvious from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.
   • The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.
   • In the event that you have caused the defect in the Goods yourself, you are not entitled to the rights arising from defective performance.
   • A defect in the Goods is not wear and tear of the Goods caused by their normal use or, in the case of used Goods, wear and tear corresponding to the degree of their previous use.

When making a claim, we will issue you a written confirmation stating:

1. the date on which you made the claim;
2. what is the content of the complaint;
3. what method of handling the complaint you require;
4. Your contact details for the purpose of providing information about the settlement of the complaint.

• If we do not agree on a longer period, we will remove the defects within 30 days of receipt of the complaint and provide you with information about the settlement of the complaint using the contact details provided. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.
• We will inform you about the settlement of the complaint by e-mail and we will issue you a confirmation of the date and method of settling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g. by means of receipts or shipping price receipts. In the event that the defect has been removed by delivering new Goods, it is Your obligation to return the original Goods to Us, but the costs of such return shall be borne by Us.
• If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you could have discovered it, but no later than three days after receipt of the Goods.
• If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

8. Withdrawal from the contract

• Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and you from its beginning, may occur for the reasons and in the ways specified in this article, or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.
• If you are a consumer, i.e. a person buying the Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of goods, then within fourteen days of its receipt. In the event that we have concluded a Contract, the subject of which is several pieces of Goods or the delivery of several parts of Goods, this period begins to run only on the date of delivery of the last piece or part of the Goods, and if we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it begins to run on the date of delivery of the first delivery.
• You may withdraw from the Contract in any demonstrable way (in particular by sending an e-mail or letter to Our address listed in Our identification data). For withdrawal, you can also use the sample form provided by Us, which forms Annex No. 2 to the Terms and Conditions.
• However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance referred to in Section 1837 of the Civil Code.
• The withdrawal period pursuant to Article 2 of the Terms and Conditions shall be deemed to be maintained if you send Us a notice that You are withdrawing from the Contract during the period.
• In the event of withdrawal from the Contract under Article 2 of the Terms and Conditions, You are obliged to send Us the Goods within 14 days of withdrawal and You bear the costs associated with returning the Goods to Us. You, on the other hand, are entitled to a refund of the Shipping Cost, but only at the amount corresponding to the cheapest offered method of delivery of the Goods that We offered for the delivery of the Goods. In the case of withdrawal due to our breaching the concluded Contract, We shall also pay the costs associated with returning the Goods to Us, but again only up to the amount of the Shipping Cost corresponding to the cheapest offered method of delivery of the Goods offered by Us upon delivery of the Goods.
• In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen to withdraw from the Contract. However, the amount will not be refunded before We receive the Goods or You prove to Us that they have been sent back to Us. Please return the Goods to Us clean, including the original packaging if possible.
• However, in the event of withdrawal from the Contract under Article 2 of the Terms and Conditions, You are liable to Us for a decrease in the value of the Goods that arose as a result of handling the Goods differently than is necessary for you to become familiar with the nature, properties and functionality of the Goods, i.e. the way you would become acquainted with the Goods in a brick-and-mortar shop. In case we have not yet returned the Price to you, we are entitled to set off the claim for costs against your claim for the return of the Prize.
• We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Article 9. Conditions. We may also withdraw from the Contract if it is obvious that you have intentionally provided incorrect information in the Order. If you purchase goods in the course of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving any reason.

9. Dispute resolution with consumers
   • We are not bound by any codes of conduct in relation to buyers within the meaning of § 1826 para. 1 point. e) of the Civil Code.
   • We handle consumer complaints via the electronic address dokredence@porkert.biz. We will send information about the settlement of the complaint to the buyer's electronic address.
   • The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes under the Contract. The ODR platform located at http://ec.europa.eu/consumers/odr Internet address can be used to resolve disputes between the seller and the buyer who is a consumer arising from a sales contract concluded by electronic means.
   • European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
10. Final provisions
    • If Our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement does not affect your rights under the law.
    • All written correspondence will be delivered to you by e-mail. Our e-mail address is provided next to Our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you have contacted us.
    • The contract may only be amended by our written agreement. However, we are entitled to change and supplement these Terms and Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change.
    • In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we shall not be liable for damage caused as a result of or in connection with cases of force majeure, and if the force majeure situation persists for more than 10 days, both we and you have the right to withdraw from the Contract.
    • Attached to the Terms and Conditions is a sample form for complaints and a sample form for withdrawal from the Contract.
    • The Contract, including the Terms and Conditions, is archived in electronic form by Us, but is not accessible to You. However, you will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by e-mail and You will therefore always have access to the Contract without Our cooperation. We recommend that you always confirm the Order and save the Terms and Conditions.
    • These Terms and Conditions come into effect on 1.1.2023.

 

 

 

 

 

Annex No. 1 - Complaint Form

Addressee:            J.PORKERT export-import, s.r.o., Thámova 24, 18600 Praha 8

                               e-mail: dokredence@porkert.biz

Making a Claim

Date of the Contract conclusion:
Name and Surname:
Address:
E-mail address:
Goods to be claimed:
Description of defects:
Way of settling the claim suggested:

At the same time, I ask for a confirmation of the claim with an indication of when I exercised this right, what is the content of the complaint, what method of settling the complaint I require, along with my contact details for the purpose of providing information on the settlement of the complaint.

 

Date:

Signature:

 

 

 

 

Annex No. 2 – Withdrawal Form

Addressee:            J.PORKERT export-import, s.r.o., Thámova 24, 18600 Praha 8

                               e-mail: dokredence@porkert.biz

I hereby declare that I withdraw from the Agreement:

Date of the Contract conclusion:
Name and Surname:
Address:
E-mail address:
Specification of the Goods concerned:
Method of returning the funds received, if applicable, bank account number:

 

If the buyer is a consumer, he has the right if he ordered the goods through the e-shop Dokredence.cz J.PORKERT export-import, s.r.o. ("Company") or other means of distance communication, except in the cases specified in § 1837 of Act. No. 89/2012 Coll., the Civil Code, as amended, withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or in the case of the purchase of goods, then within fourteen days of its receipt. In the case of a contract the subject of which is several items or the delivery of several parts of goods, this period begins to run only on the date of delivery of the last piece or part of goods and, in the case of a contract under which goods are to be delivered regularly and repeatedly, from the date of delivery of the first delivery.

The buyer shall notify the Company of this withdrawal in writing to the address of the Company's premises or electronically to the e-mail address provided on the sample form.

If the buyer who is a consumer withdraws from the purchase contract, he will send or hand over to the Company without undue delay, no later than 14 days after withdrawal from the purchase contract, the goods received from it.

If the buyer who is a consumer withdraws from the purchase contract, the Company shall return to him without undue delay, no later than 14 days after withdrawal from the purchase contract, all funds (purchase price of the delivered goods), including delivery costs, which he received from him on the basis of the purchase contract, in the same way. If the buyer has chosen a method of delivery other than the cheapest method of delivery of the goods offered by the Company, the Company will refund to the buyer the costs of delivering the goods only in the amount corresponding to the cheapest offered method of delivery of the goods. The Company is not obliged to return the received funds to the Buyer before receiving the goods back or before the Buyer proves that the goods have been sent to the Company.

 

Date:

Signature: