1.     INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of peerko s.r.o. with its registered office at: Zámostní 1155/27, 710 00 Ostrava, the Czech Republic ID No.: 08782105, CZ VAT ID No.: CZ08782105, file number C 80820 kept at the Regional Court in Ostrava, the Czech Republic (hereinafter referred to as the “seller”) in accordance with the provisions of § 1751 para. 89/2012 Coll., Civil Code, as amended (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the “Buyer”) through the seller's online store. The internet shop is operated by the seller on a website located at the internet address www.peerko.cz and www.peerko.eu (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop"). The Seller is a VAT payer in the Czech Republic.

The Seller's contact details are as follows:

peerko s.r.o.
Žižkova 1818
73301 Karviná
The Czech Republic

e-mail: peerko@peerko.cz; eshop@peerko.cz
phone no.: +420 608 14 95 41

 

1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person ordering goods in the course of their business or in the course of their independent profession.

1.3. Provisions deviating from the business conditions can be agreed in a separate special purchase contract. Deviating provisions in such purchase contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the purchase contract.

1.5. The Seller is located in the Czech Republic and operates under the laws and provision of this country.

1.6. The Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2.     USER ACCOUNT

2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered by the seller to be correct.¨

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not entitled to allow third parties to use the user´s account.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates its obligations under the purchase agreement (including the Terms and conditions).

2.6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or relevant third parties.

3.     CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed on the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding the goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual items and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including the value added tax and all related fees. The prices of the goods remain valid as long as they are displayed on the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.

3.3. The web interface of the store contains information on the costs associated with packaging and delivery of goods. This information is valid only for destination countries specifically offered by the Seller.

3.4. To order goods, the buyer fills in the order form on the web interface of the store. The order form contains in particular information about:

  • ordered goods (ordered items are "inserted" by the buyer into the electronic shopping cart on the web interface of the store),
  • method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
  • information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
  • ordered goods (ordered items are "inserted" by the buyer into the electronic shopping cart on the web interface of the store),
  • method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
  • information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

3.5. In case that a price stated on the seller´s website is obviously an error in writing and numbers, this price is not binding and the purchase contract is not concluded.

3.6. Before sending the order to the seller, the buyer is allowed to check and change the data he/she entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data listed in the order is deemed correct by the seller. Immediately after receiving the order, the Seller will confirm the receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.7. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.8. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order, which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

3.9. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance

4.     PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of goods and any costs associated with the delivery of goods under the purchase agreement, are to be paid in the following ways:

  • direct deposit money transfer in EUR to the seller's account no. IBAN CZ04 2010 0000 0022 0174 0258, kept at Fio banka, a.s., V Celnici 1028/10, 117 21 Prague 1 (hereinafter referred to as the "seller's account in EUR")
  • direct deposit money transfer in CZK to the seller's account no. 2801740251/2010, kept at Fio banka, a.s., V Celnici 1028/10, 117 21 Prague 1 (hereinafter referred to as the "seller's account in CZK")
  • by a debit/credit card transaction through the Comgate payment gate
  • using “payment buttons” for fast money transfer through the Comgate interface

4.2. Along with the price of goods, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the term “purchase price” also includes the costs associated with the delivery of goods.

4.3. The purchase price is payable within 5 days of concluding the purchase contract.

4.4. The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account, under correct variable symbol (payment reference).

4.5. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of concluding the purchase contract.

4.6. The seller is entitled to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

4.8. The tax document - invoice will be issued by the seller to the buyer after payment of the purchase price and will be sent in electronic form to the buyer's electronic address.

4.9. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

5.     PURCHASE CONTRACT WITHDRAWAL

5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer, from the purchase contract for goods in a sealed package, which the consumer has removed from the packaging and cannot be returned for hygienic reasons.

5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14 ) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. This right applies to buyers residing in the EU only. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which can be found here. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller's e-mail address eshop@peerko.cz. The address for returning the goods is :
peerko s.r.o.
Žižkova 1818
73301 Karviná
the Czech Republic

5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods cannot be returned due to its nature by regular mail.

5.4. In the event of withdrawal from the purchase contract, a customer residing in the Czech Republic can use the option of returning goods through the Zásilkovna return service. The seller will then deduct CZK 49 from the value of the goods returned to the customer for this service.

5.5. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

5.6. The seller is entitled to unilaterally set off the right for compensation for a decrease in value caused to the goods, e.g. the returned goods are damaged, soiled, show signs of wear or the value of the product has been otherwise reduced.

5.7. The seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such case, the seller will return the purchase price to the buyer without undue delay, cashless to the account designated by the buyer.

5.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return the given gift.

5.9. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods. If the buyer keeps part of the goods, only the amount for the returned goods shall be refunded.

5.10. Returned goods may not be sent as “cash on delivery”, in such case the returned shipment shall not be accepted.

6.     TRANSPORT AND DELIVERY OF GOODS

6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. In the event that it is necessary to deliver the goods repeatedly or in a different way than specified in the order on the account of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects he is obliged to immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer should not take over the shipment from the carrier.

6.5. Other rights and obligations of the parties regarding the transport of goods may be governed by special delivery conditions of the seller, if issued by the seller.

6.6. The seller will send the goods within 7 working days of payment for the order if the goods are described as „on stock“ at the moment of the purchase. In case of preorders the delivery time can be longer and will be specified in the product detail.

6.7. If the customer does not accept the paid goods, the seller will return the value of the order reduced by the value of the paid postage, return postage, as well as the value of the packaging, which is 2 EUR.

6.8. If the order includes goods that are not in stock or have a specified delivery date, the entire order will be shipped and delivered to the customer only after stocking up of the missing product(s) or within a beforehand specified period.

7.     DEFECTIVE PERFORMANCE RIGHTS

7.1. The rights and obligations of the Contracting Parties regarding the rights to defective performance are governed by the relevant generally binding legal regulations, in particular, Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., On Consumer Protection.

7.2. The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

    • the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer,
    • the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
    • the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
    • the goods are in the appropriate quantity, measure or weight; and
    • the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the buyer, or if it follows from the nature of the goods.

7.4. If the customer wants to file a complaint about the goods, it is ideal if he first informs the seller by e-mail at eshop@peerko.cz, preferably with attached photos of the defect and the order or invoice number. The seller will then inform the customer about further procedure in response to the sent e-mail.

7.5. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

 

8. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.

8.3. The handling of consumer complaints is carried out by the seller via the electronic address eshop@peerko.cz. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform, located at https://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer under the purchase agreement.

8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: https://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).

8.6. The Seller 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 a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

9. PERSONAL DATA PROTECTION

9.1. The seller processes the buyer's personal data. More information on such processing can be found in the Privacy policy section on the Seller´s website.

 

10. GIFT VOUCHERS

10.1. Gift voucher codes are unique and single-use, i.e. the buyer can use the gift voucher only within one order.

10.2. If the value of the gift voucher is higher than the price of the entire purchase, the difference is not transferred to a new voucher and the unused financial value is not reimbursed or returned. If the purchase price is higher than the value of the gift voucher, the Buyer will pay the difference in the purchase price by the method of payment chosen within the ordering process.

10.3. The gift voucher cannot be used to purchase other gift vouchers.

10.4. Gift vouchers are securities issued by the Seller and applicable only for purchases from the Seller. The code on the voucher is used for the technical way of realizing the security.

10.5. In the event of withdrawal from the purchase contract for any reason, when the price of the goods has been paid via a gift voucher (fully or partially), the Seller will reactivate the voucher code, which the Buyer will be entitled to use to pay for other ordered goods or services. Reactivation does not extend the voucher validity period.

10.6. The gift voucher is valid for 1 year from the date of its issuance, unless agreed otherwise. After the expiration of the validity period, the gift voucher cannot be used. An unused gift voucher cannot be exchanged for another, nor can it be redeemed or extended.

11.  DISCOUNTS AND DISCOUNT CODES

11.1. In the case of a quantity discount offer (such as 2 products for the price of 1 or similar), the discounted price applies only when purchasing the specified quantity. If the customer withdraws from the contract and returns part of such purchase, the Products he retains will be invoiced at the original price, before the quantity discount.

11.2. Discount codes cannot be combined with each other and cannot be combined with discount codes from gift vouchers. A discount based on the discount code can only be applied to one purchase at a time.

11.3. The right to a discount, which is tied to the price of the order or is otherwise conditioned, expires if the customer returns part of the purchased goods or modifies the order so that it does not any longer meet the conditions set for the provision of the discount.

12.  FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by the Czech law.

12.2. The choice of law under this Article of the Terms and Conditions does not deprive the consumer of the protection afforded by the provisions of the law, which cannot be derogated from by contract, and which would otherwise apply under the provisions of Article 6 (1) of the Regulation of the European Parliament and of the Council. (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.4. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

12.5. A sample form for withdrawal from the purchase contract is available on the Seller´s website.

12.6. Contact details of the seller:

address for delivery of parcels: Žižkova 1818, 73301 Karviná, the Czech Repulic
address for delivery of documents Zámostní 1155/27, 710 00 Ostrava, the Czech Republic
e-mail address: eshop@peerko.cz.

In Ostrava, September 10th 2021