Terms and Conditions
I. INTRODUCTORY PROVISIONS
- 1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of David Šeffer, with registered office at Lipová 656, 747 14 Markvartovice, ID No.: 88059561, VAT No.: CZ8511095989, registered in the Commercial Register, contact address: Lipová 656, 747 14 Markvartovice, e-mail: info@quentino.cz, telephone: +420 606 426 013 (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of § 1751 par. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the parties arising in connection with or on the basis of a contract of sale concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.quentino.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
- The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language.
- The Seller may unilaterally change or supplement the wording of the Terms and Conditions. However, this does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
II. CONCLUSION OF THE PURCHASE CONTRACT
- All presentations of goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a contract of sale concerning these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
- The web interface of the shop contains information about the goods, including the prices of the individual goods and the costs of returning them, if they cannot be returned by ordinary mail due to their nature. The prices of the goods are inclusive of value added tax and all related charges unless expressly stated otherwise in a particular case. The prices of the goods remain valid as long as they are displayed in the web interface of the shop.
- If the Buyer wishes to order goods, he/she shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
- the ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the store),
- the method of payment of the purchase price of the goods, information on the desired method of delivery of the ordered goods, and
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
- Before sending the Order to the Seller, the Buyer shall be allowed to check and change the data provided in the Order. The Buyer sends the Order to the Seller by clicking on the "Send Order" button. The Seller considers the data provided in the order to be correct.
- By submitting the order, the buyer confirms that he/she has read these terms and conditions and that he/she agrees with them.
- Upon receipt of the order, the Seller sends the Buyer an e-mail confirming receipt of the order (so-called automatic confirmation), which is also a confirmation of the conclusion of the contract of sale within the meaning of Section 1827 (1) of the Civil Code.
- The purchase contract between the Seller and the Buyer is concluded at the moment of delivery of the order confirmation to the Buyer.
- The Seller reserves the right to cancel the order or to require additional confirmation, especially in the case of a larger quantity of goods or a non-standard order.
III. PRICE OF GOODS AND PAYMENT TERMS
- The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Contract of Sale to the Seller in the following ways:
- delivery at the place specified by the Buyer in the order;
- by transfer to the Seller's account in CZK No. 1022187464/5500, IBAN: CZ76550000000000001022187464, BIC: RZBCCZPP, maintained in Raiffeisenbank;
- by wire transfer to the Seller's account in EUR No. 103378477/5500, IBAN: CZ535500000000000000001033378477, BIC: RZBCCZPP; maintained at Raiffeisenbank;
- by online payment card through the GoPay payment gateway.
- Along with the purchase price, the buyer is also obliged to pay the costs associated with the packaging and delivery of the goods, if charged. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.
- The prices of the goods are inclusive of value added tax and all related charges, unless expressly stated otherwise in a particular case.
- The availability of particular payment methods may be limited depending on the chosen shipping method, delivery location or other technical limitations. The buyer will always be informed of the available payment methods as part of the order process.
- The Seller shall be entitled to require payment of the full purchase price before dispatch of the goods to the Buyer, particularly in the case of a non-standard order, a bespoke order or in the event of a previous default by the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
- In the case of non-cash payment, the buyer is obliged to pay the purchase price together with the variable symbol of the payment. The Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
- The Seller may issue an advance invoice to the Buyer, especially in the case of goods manufactured to order or when ordering a larger quantity of goods than is currently in stock.
- Any discounts on the price of the Goods granted by the Seller to the Buyer may not be combined unless expressly stated otherwise.
- If it is customary in the course of business or provided for by law, the Seller shall issue to the Buyer a tax document - an invoice for payments made under the Purchase Contract. The Seller is a payer of value added tax. The invoice will be issued after payment of the price of the goods and sent to the buyer electronically or physically together with the goods.
- When paying by card online via the GoPay payment gateway, the buyer will receive a receipt in accordance with the law on the recording of sales (EET), if the obligation to record sales is imposed by law.
IV. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE ("CLAIMS")
- The rights and obligations of the contracting parties in relation to rights arising from defective performance shall be governed by the relevant generally applicable law (in particular the provisions of Sections 2099 to 2117 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection).
- The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable for:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods;
- it is fit for the purpose for which the seller specifies its use or for which a thing of that kind is usually used;
- it corresponds in quality or workmanship to the agreed sample or specimen;
- is of a reasonable quantity, measure or weight;
- complies with the requirements of the legislation.
- The buyer is entitled to exercise the right to claim defects that occur in the consumer goods within 24 months of receipt. If a longer period of use is indicated on the goods, their packaging, in the instructions accompanying the goods or in the advertisement, the provisions of the warranty for quality shall apply.
- The Buyer may assert his rights arising from defective performance by contacting the Seller at David Šeffer, Lipová 656, 747 14 Markvartovice, or by e-mail at: info@quentino.cz.
- The claim should be made without undue delay after the defect has been detected. The buyer must enclose proof of purchase (e.g. invoice or receipt) and a brief description of the defect. For faster processing, the form available on the seller's website can be used.
- Goods must be sent for claim complete and properly packed to prevent further damage during shipment. It is recommended to enclose a completed claim form.
- If the shipment shows obvious damage to the shipping packaging, we recommend that the buyer refuses to accept the shipment. In this case, the shipment will be returned and a new shipment will be sent to the customer.
- The Seller shall process the complaint within 30 days from the date of its submission, unless the parties agree in writing on a longer period. The Buyer shall be informed by e-mail of the progress and method of handling.
- The buyer is obliged to claim the defect without undue delay after he could have detected it by exercising ordinary care. In the case of an obvious defect (e.g. mechanical damage, product substitution, faulty sewing, etc.), its notification immediately after receipt or unpacking of the consignment shall be deemed to be timely. no later than 30 days from the date on which it is claimed, unless the parties agree in writing on a longer period. The Buyer shall be informed by e-mail of the progress and method of processing.
V. WITHDRAWAL FROM THE CONTRACT OF SALE
- If the buyer is a consumer, he has the right to withdraw from the purchase contract within 14 days from the date of receipt of the goods without giving any reason in accordance with § 1829 (1) of the Civil Code. If the subject of the contract of sale is more than one type of goods or the delivery of more than one part, the withdrawal period shall start to run from the date of receipt of the last delivery of goods.
- In order to exercise the right of withdrawal, the buyer must inform the seller of his decision to withdraw from the contract by an unequivocal statement - e.g. a letter sent by post or e-mail. The Buyer may use the model withdrawal form available on the Seller's website: https://www.quentino.cz/reklamace.
- If the Buyer withdraws from the Contract, the Buyer shall send or hand over the goods to the Seller without undue delay, but no later than 14 days from the date of withdrawal from the Contract. The time limit shall be deemed to have been complied with if the buyer sends the goods back before the expiry of the time limit. The buyer shall send the goods to David Šeffer, Lipová 656, 747 14 Markvartovice.
- The Buyer shall only be liable for any diminution in the value of the goods as a result of any handling of the goods other than that which is necessary to familiarise the Buyer with the nature, characteristics and functionality of the goods.
- The Seller is obliged to refund to the Buyer all payments received from the Buyer, including the cost of delivery of the goods (with the exception of additional costs incurred as a result of the Buyer having chosen a delivery method other than the cheapest offered), without undue delay, no later than 14 days from the date on which the Buyer has been informed of the Buyer's decision to withdraw from the Contract. The Seller shall reimburse the payment in the same manner in which it was received, unless the Parties agree otherwise. The Seller shall not be obliged to return the funds received before the Goods have been delivered to it or before the Buyer proves that it has sent the Goods back, whichever is the earlier.
- The consumer shall not have the right to withdraw from the contract in the cases referred to in Article 1837 of the Civil Code, in particular:
- if the goods have been modified according to the buyer's wishes or for the buyer's person;
- in the case of goods which have been irretrievably mixed with other goods after delivery;
- in the case of goods delivered in sealed packaging which the consumer has removed from the packaging after delivery and which cannot be returned for hygiene reasons, for example goods intended to come into direct contact with the skin, such as socks, suspenders or other similar clothing accessories.
- If a gift was delivered with the order, the buyer is obliged to return the gift in the condition in which it was received in the event of withdrawal from the contract. If the buyer fails to do so, the value of the gift will be deducted from the amount returned.
VI. RIGHTS AND OBLIGATIONS OF THE SELLER
- The Seller is obliged to deliver the goods in accordance with the Purchase Contract, in the agreed quantity, quality and workmanship, properly and on time.
- The Seller is obliged to issue a tax document - invoice to the Buyer and hand it over either together with the goods or in electronic form.
- The Seller shall be liable for the fact that the goods are free from defects upon receipt and that they will be fit for normal use for a period of 24 months, unless otherwise specified for a particular product or unless otherwise provided by law.
- The Seller reserves the right to refuse an order if:
- the Buyer has previously breached contractual obligations (e.g. failed to take delivery of the goods or failed to pay),
- the order relates to a non-standard quantity or type of goods without prior agreement,
- there are technical impediments to proper performance.
- In case of impossibility of performance (e.g. sale of goods, force majeure, etc.) and if there is no agreement with the buyer on substitute performance, the seller is entitled to withdraw from the contract. If the buyer has already paid, this amount will be refunded to the buyer without undue delay, at the latest within 14 days.
- The Seller is obliged to protect the Buyer's personal data and treat them in accordance with applicable law. Details are set out in a separate Privacy Policy document.
- The Seller is obliged to delete the Buyer's personal data from the database upon the Buyer's written request, no later than within 30 days of its receipt.
VII. RIGHTS AND OBLIGATIONS OF THE BUYER
- The Buyer is obliged to provide correct and complete information when ordering, in particular the delivery address and contact details, and to pay the purchase price properly and on time.
- The Buyer undertakes to take delivery of the ordered goods. If he fails to do so without good reason, he may claim compensation for the costs incurred.
- The Buyer is responsible for ensuring that the e-mail address provided by the Buyer is functional and available. All notifications regarding his order will be sent to this address.
- The Buyer is entitled to the proper and timely delivery of the goods, the issuance of a tax document and the exercise of rights of defective performance under these terms and conditions and applicable law.
- The Buyer has the right to request in writing the deletion of his personal data from the Seller's database. The Seller is obliged to remove the data within 30 days of receipt of the request.
- The Buyer has the right to withdraw from the Purchase Contract under the conditions set out in Article V of these Terms and Conditions.
- Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the goods and to immediately complain to the carrier about any apparent damage to the goods. In the case of payment on delivery, the buyer is obliged to request proof of payment.
- In the event that a dispute arises between the Seller and the Buyer-consumer under the Purchase Contract which cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court dispute resolution to the following address:
- Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, website: adr.coi.cz
- The buyer may also use the online dispute resolution platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/.
VIII. CUSTOMER REVIEWS
- The reviews displayed on the Seller's website come exclusively from customers who have actually purchased goods from the Seller and have also agreed to submit a review questionnaire.
- The Seller uses external third-party platforms for collecting reviews, in particular Heureka.cz, Zbozi.cz and Google.com, to which the information about the purchased goods and the customer's e-mail address may be transferred for this purpose, solely on the basis of the customer's consent.
- Links to external portals (e.g. Heureka.cz) are published on the e-shop's website, where it is possible to find authentic customer reviews as well as aggregated percentage satisfaction ratings based on independent evaluations of these platforms.
- Customers have the right to withdraw their consent to the sending of evaluation questionnaires or the transfer of data to third parties at any time by sending an email to info@quentino.cz.
IX. DATA PROTECTION
- The Seller, as a personal data controller, processes the Buyer's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll. on the processing of personal data.
- Personal data is processed for the following purposes:
- order processing and performance of the purchase contract,
- maintaining a user account (if created),
- compliance with legal obligations (e.g. accounting, taxes),
- sending commercial communications (if consent has been given),
- satisfaction ratings (e.g. via Heureka.cz, Google.com, etc.).
- The legal basis for the processing of personal data is:
- performance of the contract,
- the legitimate interest of the Seller,
- the fulfilment of a legal obligation,
- the consent of the buyer (in the case of commercial communications or evaluations).
- Personal data shall be kept for as long as necessary to fulfil the purpose, but no longer than 10 years from the conclusion of the contract, unless otherwise provided by law.
- As a data subject, the buyer has the following rights:
- the right of access to personal data,
- the right to rectification of inaccurate or incomplete data,
- the right to erasure ('right to be forgotten'),
- the right to restriction of processing,
- the right to object to processing,
- the right to data portability,
- the right to lodge a complaint with the Data Protection Authority.
- Personal data will not be disclosed to third parties, with the exception of entities involved in the execution of the order (e.g. carriers, IT and payment service providers), and only to the extent necessary.
- The Buyer may withdraw consent to the processing of personal data at any time by sending a request to the following email address: info@quentino.cz.
- Personal data are technically and organizationally secured to ensure their protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.
- The Seller's website uses cookies to ensure its proper functioning, for analytical purposes and to personalize content and advertisements. Cookies may only be stored with the user's consent, with the exception of so-called technical cookies, which are necessary for the functioning of the website. The user can change the cookie settings at any time via their browser settings or in the cookie bar displayed when they first visit the site.
X. FINAL PROVISIONS
- These terms and conditions are valid as stated on the Seller's website on the date of placing the order by the Buyer.
- By submitting an order, the Buyer confirms that he/she has read, understood and fully agrees to these terms and conditions.
- The rights and obligations of the parties not governed by these terms and conditions shall be governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
- The Seller reserves the right to amend the terms and conditions. The amended terms and conditions are effective from the date of their publication on the website. However, this does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
- These Terms shall come into force and effect on 1 April 2025.