BUSINESS TERMS AND CONDITIONS

of the commercial company
AirMarketing, s.r.o.
with its registered office at Novákových 1817/30a, 180 00, Praha 8
identification number: 03111733
for selling goods via an online shop located at the internet address
www.jewish-eshop.com

  1. INTRODUCTORY PROVISIONS
    1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of the commercial company AirMarketing, s.ro., with its registered office Novákových 1817/30a, 180 00, Praha 8, identification number: 03111733, (hereinafter referred to as the “seller”), govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012, the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as a “purchase contract”) concluded between the seller and another entity (hereinafter referred to as the “buyer”) via the seller’s internet shop. The internet shop is operated by the seller on the website located at the internet address jewish-eshop.com (hereinafter referred to as the “website”) via the website interface (hereinafter referred to as the “web interface of the shop”).
    2. The Business Terms and Conditions relate to all orders rendered by the buyer toward the seller regardless of whether such orders refer to these Business Terms and Conditions. The buyer expresses its agreement with these Business Terms and Conditions upon sending each order to the seller. The buyer asserts that it has not relied on any expression, promise or declaration rendered or given by the seller or on the seller’s behalf with the exception of those that are set forth in these Business Terms and Conditions or expressly affirmed by the seller in writing. These Business Terms and Conditions do not constitute a sales offer. No prices or non-binding offers, catalogues, advertising materials or similar documents are binding for the seller. 
    3. The Business Terms and Conditions stipulate the conditions for ordering and delivering goods by the seller to the buyer (hereinafter referred to as “goods”). It is possible to ship goods only within the territory of European Union (hereinafter referred to as the “EU“)
    4. The buyeris an entity that, in accordance with these Business Terms and Conditions, issues an order to the seller. All provisions of these Business Terms and Conditions relate to the buyer, with the exception of provisions that are expressly intended only for purchasing consumers. 
    5. purchasing consumeris a person that, beyond the framework of his/her business activities or beyond the framework of independent performance of his/her occupation, issues an order to the seller in accordance with these Business Terms and Conditions (hereinafter referred to as a “purchasing consumer”). All provisions of these Business Terms and Conditions relate to purchasing consumers, especially the provisions that are expressly intended for purchasing consumers. 
    6. Provisions differing from the Business Terms and Conditions can be arranged in the purchase contract. Such differing provisions in the purchase contract have precedence over the provisions of the Business Terms and Conditions. 
    7. The provisions of the Business Terms and Conditions form an inseparable part of the purchase contract. The purchase contract and the Business Terms and Conditions are executed in the Czech and English languages. A purchase contract can be concluded in the Czech and English languages. 
    8. The wording of the Business Terms and Conditions can be changed or supplemented by the seller. The rights and obligations arising for the period of effect of the previous wording of the Business Terms and Conditions are not affected by this provision. 
  2. USER ACCOUNT
    1. On the basis of the buyer’s registration carried out on the website, the buyer can access its user interface. From its user interface, the buyer can execute the ordering of goods (hereinafter referred to as the “user account”). In the case that the web interface of the shop allows it, the buyer can execute the ordering of goods also without registration directly from the web interface of the shop. 
    2. When registering on the website and when ordering goods, the buyer is obligated to provide all information correctly and truthfully. In the event of any change of the information provided in the user account, the buyer is obligated to update such information without undue delay. Information provided by the buyer in the user account and when ordering goods is considered by the seller to be correct. 
    3. Access to the user account is secured by a user name and password. The buyer is obligated to maintain confidentiality with respect to information necessary for access to its user account. 
    4. The buyer is not authorised to enable use of the user account by third parties. 
    5. The seller can cancel the user account, especially in the case when the buyer does not use its user account for a period longer than 24 months and in the case when the buyer breaches its obligations ensuing from the purchase contract (including the Business Terms and Conditions). 
    6. The buyer shall bear in mind that the user account may not be continuously available, particularly with respect to necessary maintenance of the seller’s hardware and softer or, as the case may be, necessary maintenance of a third party’s hardware and software. 
  3. CONCLUSION OF A PURCHASE CONTRACT
    1. The entire presentation of goods placed on the web interface of the shop is of an informative character and the seller is not obligated to conclude a purchase contract with respect to such goods. The provisions of Section 1732 (2) of the Civil Code do not apply. 
    2. The web interface of the shop contains information about goods including a statement of the prices of individual goods. The prices of goods are stated inclusive of value added tax and all related fees. The prices of goods remain valid for the period when they are displayed on the web interface of the shop. The possibility of the seller to conclude a contract under individually negotiated conditions shall not be restricted by this provision. 
    3. The web interface of the shop also contains information on the costs associated with the packing and shipping of goods within the territory of the European Union.
    4. For ordering goods, the buyer shall complete the order form in the web interface of the shop. The order form contains, in particular, information on: 
      1. the ordered goods (ordered goods placed by the buyer into the electronic shopping cart on the web interface of the shop),
      2. the method of payment of the purchase price of the goods, information on the required method of shipping of the ordered goods, and
      3. information on the costs associated with the shipping of the goods (hereinafter referred to as the “order”).
    5. Before sending the order to the seller, the buyer shall be allowed to check and change information that the buyer entered in the order with respect to the possibility of the buyer to detect and correct errors arising in the course of entering data in the order form. The buyer shall send the order to the seller by clicking on the “Confirm” button. The information provided in the order is considered by the seller to be correct. 
    6. Sending of the order is considered to be such an act of the buyer that indisputably identifies the ordered goods, the purchase price, the identity of the buyer and the method of paying the purchase price, and it is a binding draft purchase contract for the contracting parties. Conditions for the validity of the order comprise provision of all required information, familiarisation with these Business Terms and Conditions on the website and the buyer’s confirmation that it has familiarised itself with these Business Terms and Conditions. 
    7. Upon receiving the order, the seller shall confirm such receipt without delay by means of electronic mail at the buyer’s electronic mail address set forth in the user interface or in the order (hereinafter referred to as the “buyer’s electronic address”).
    8. Depending on the character of the order (amount of goods, amount of the purchase price, anticipated shipping costs), the seller is always authorised to request from the buyer additional confirmation of the order (for example, in writing or by telephone).
    9. The draft purchase contract in the form of an order is valid for a period of 15 days. 
    10. The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance, which is sent by the seller to the buyer by means of electronic mail to the buyer’s electronic mail address. 
    11. In the event that the seller cannot fulfil any of the requirements stated in the order, the seller shall send to the buyer at the buyer’s electronic mail address a modified order with a statement of the possible variants of the order and a request for the buyer’s opinion on such statement. 
    12. The modified order is considered to be a new draft purchase contract and, in such case, the purchase contract is concluded upon the buyer’s acceptance thereof by means of electronic mail. 
    13. The buyer agrees with the use of remote means of communication when concluding the purchase contract. Costs arising on the part of the buyer when using remote means of communication in connection with concluding the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer where such costs did not differ from the basic rate. 
  4. PRICE OF GOODS AND PAYMENT CONDITIONS
    1. The price of goods and possible costs associated with the shipping of goods pursuant to the purchase contract shall by be paid by the buyer to the seller using the following methods: 
      • in cash at the seller’s place of business at the address AirMarketing, s.r.o., Belgická 27, 120 00, Praha 2
      • cash on delivery at the location designated by the buyer in the order;
      • cashless transfer of funds to the seller’s account no. 333222373/5500, held with the company Raiffeisenbank (hereinafter referred to as the “seller’s account”);
      • cashless transfer of funds via the payment system;
      • cashless payment by means of a payment card.
    2. Together with the purchase price, the buyer is obligated to pay to the seller also the costs connected with packing and shipping the goods in the agreed amount. Unless expressly stated otherwise, this is understood as the purchase price and the costs associated with shipping. 
    3. The seller does not require a deposit or other similar payment from the buyer. The provision of Article 4.6 of the Business Terms and Conditions pertaining to the obligation to pay the purchase price of goods in advance is not thereby affected.
    4. In the case of cash payment and in the case of payment in the form of cash on delivery, the purchase price is payable upon acceptance of the goods. In the case of cashless payment, the purchase price is payable within seven days of conclusion of the purchase contract. 
    5. In the case of cashless payment, the buyer is obligated to provide the variable symbol of the payment when paying the purchase price of the goods. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller’s account. 
    6. The seller is authorised, especially in the event that additional order confirmation is not provided by the seller (Article 3.7.), to request payment of the entire purchase price prior to shipping the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code do not apply. 
    7. Possible discounts off the price of goods provided by the seller to the buyer cannot be combined. 
    8. If it is common in commercial relations or if it is stipulated by the generally binding legal regulation, the seller shall issue to the buyer a tax document (invoice) pertaining to payments rendered on the basis of the purchase contract. The seller is a payer of value added tax. In the case of cashless payment of the price of goods, the seller shall issue to the buyer a tax document (invoice) upon payment of the price of the goods and shall send such tax document by means of electronic mail to the buyer’s electronic address. In the case of payment of the price of the goods in cash or in the case of payment in the form of cash on delivery, the tax document (invoice) will be provided to the buyer upon acceptance of the goods. 
    9. Pursuant to the Act on Electronic Records of Sales, the seller is obligated to issue a receipt to the buyer. At the same time, the seller is obligated to register received revenue with the tax administration online; in the event of a technical failure, the seller shall do so within 48 hours at the latest.
  5. WITHDRAWAL FROM THE PURCHASE CONTRACT BY A PURCHASING CONSUMER 
    1. The provisions of this part of the Business Terms and Conditions relate only to purchasing consumers. 
    2. The purchasing consumer shall bear in mind that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract: 
      1. on delivery of goods whose price is subject to fluctuations in the financial market independent of the will of the seller and which can occur during the period for withdrawal from the contract. 
      2. on deliver of alcoholic beverages, which may be delivered following expiry of a thirty-day period and whose price is subject to fluctuations of the financial market independent of the will of the seller.
      3. on delivery of goods that were modified according the purchasing consumer’s wishes or such consumer’s entity, e.g. engraving of text on the bottle of an alcoholic beverage according to the wishes of the purchasing consumer. 
      4. on delivery of goods that are subject to rapid spoilage, such as goods that were irreversibly mixed with other goods following delivery. 
      5. on delivery of goods in a sealed package, which the purchasing consumer removed from the package and, due to hygienic reasons, cannot be returned. 
      6. on delivery of audio or video recordings or computer programs, if their original packaging has been damaged.
      7. on delivery of newspapers, periodicals or magazines. 
      8. on delivery of digital content, if such content was not delivered on a physical carrier and was delivered with the prior express consent of the purchasing consumer before the expiry of the period for withdrawal from the contract and the seller informed the purchasing consumer prior to conclusion of the contract that, in such case, the purchasing consumer does not have the right to withdraw from the contract. 
    3. If this does not involve the case set forth in Article 5.2 or another case where it is not possible to withdraw from the purchase contract, the purchasing consumer has the right, pursuant to the provisions of Section 1829 (1) of the Civil Code, to withdraw from the purchase contract without stating a reason within 14 days following acceptance of the goods, where in the case that the subject of the purchase contract comprises several types of goods or a multi-part delivery, this time period shall run from the date of acceptance of the last delivery of goods. The notice of withdrawal from the purchase contract must be sent to the seller within the time period set forth in the preceding sentence. 
    4. For withdrawal from the purchase contract, the purchasing consumer can use the sample form provided by the seller, which forms an annex of the Business Terms and Conditions. If the purchasing consumer chooses to withdraw from the contract in paper form, the purchasing consumer shall send the notice of withdrawal from the contract to the address of the seller’s place of business (AirMarketing, s.r.o., Belgická 27, 120 00, Praha 2). The seller shall confirm to the seller its acceptance of the withdrawal notice in textual form without undue delay. 
    5. In the case of withdrawal from the purchase contract pursuant to Article 5.3 of the Business Terms and Conditions, the purchase contract shall be nullified from the beginning. The goods must be returned to the seller within fourteen (14) days from the date of withdrawal from the contract by the purchasing consumer. The time period pursuant to the preceding sentence shall be deemed to have been complied with if the purchasing consumer ships the goods to the seller on the last day of this period. If the purchasing consumer withdraws from the purchase contract, the purchasing consumer shall bear the costs associated with returning the goods to the seller, even in the case when the goods cannot be returned by regular post due to their particular nature. In the event that it is impossible to return the goods by regular post due to their particular nature, the maximum costs associated with returning the goods are estimated to be in the amount of 150 CZK/pcs.
    6. In the case of withdrawal from the contract pursuant to Article 5.3 of the Business Terms and Conditions, the seller shall refund all of the money received from the purchasing consumer within fourteen (14) days following the date of withdrawal from the purchase contract by the purchasing consumer and shall do so using the same method by which the seller received the money from the purchasing consumer. The seller is thus authorised to return the monetary consideration provided by the purchasing consumer upon the return of the goods by the purchasing consumer or by other means if the purchasing consumer agrees thereto and the purchasing consumer does not thereby incur additional costs. If the purchasing consumer withdraws from the purchase contract, the seller shall not be obligated to return the money to the purchasing consumer before the purchasing consumer returns the goods or unambiguously demonstrates that the goods have been shipped to the seller. 
    7. The seller is authorised to unilaterally offset the demand for compensation for damage caused to the goods against the purchasing consumer’s demand for refund of the purchase price. The purchasing consumer shall be responsible for a reduction of the value of the goods only as a result of handling such goods in a manner other that which is necessary for familiarisation with the nature, properties and functionality of the goods. 
  6. SHIPPING AND DELIVERY OF GOODS
    1. In the case that the shipping method is arrange based on a special request of the buyer, the buyer shall bear the risk and possible additional costs associated with such shipping method. 
    2. If, pursuant to the purchase contract, the seller is obligated to ship the goods to a place designated by the buyer in the order, the buyer shall be obligated to accept the goods upon delivery. 
    3. In the case that, due to reasons on the part of the buyer, that repeated attempts to deliver the goods are necessary or it is necessary to use a delivery method other than that stated in the order, the buyer shall be obligated to pay the costs associated such repeated attempts to deliver the goods or, as the case may be, the costs associated with the alternative delivery method. 
    4. Upon accepting the goods from the shipper, the buyer is obligated to inspect the integrity of the goods’ packaging and, in the event of any defect, notify the shipper of such defect without delay. In the event that damage to the packaging indicating unauthorised tampering with the parcel is encountered, the buyer shall not be obligated to accept the parcel from the shipper. 
  7. RIGHTS ARISING FROM FAULTY FULFILMENT
    1. The rights and obligations of the contracting parties with respect to rights arising from faulty fulfilment are governed by the relevant general binding regulations (in particular, the provisions of Sections 1914 to 1925 and Sections 2099 to 2117 of the Civil Code). In the case of a purchasing consumer, Sections 2161 to 2174 of the Civil code also apply with respect to rights arising from faulty fulfilment. 
    2. The seller is responsible to the buyer for the fact that the goods are not defective upon acceptance. 
    3. The seller is responsible to the purchasing consumer for the fact that in the period when the purchasing consumer accepted the goods: 
      1. the goods had the properties to which the parties agreed and, if there was no such agreement, the goods have the properties that the seller or producer described or which the purchasing consumer expected with respect to the nature of the goods and on the basis of advertising conducted with respect to the goods,
      2. the goods suit the purpose described by the seller for the use of such goods or for which goods of the given type are commonly used, 
      3. the goods match the agreed design or model in terms of quality or design, if the quality or design was determined based on the agreed design or model, 
      4. the goods are delivered in the correct amount, dimensions or weight, and
      5. the goods are compliant with the requirements of the legal regulations. 
    4. The provisions set forth in Articles 7.2 and 7.3 of the Business Terms and Conditions shall not be applied in the case of goods sold for a lower price due to a defect for which the lower price was negotiated, wear and tear of goods due to ordinary use, in the case of used goods corresponding to the extent of use or wear and tear which the goods had upon acceptance by the buyer, or if this ensues from the nature of the goods. 
    5. If it becomes apparent that the goods purchased by the purchasing consumer are defective within a six-month period following the acceptance of the goods, it shall be considered that the goods were defective at the time of acceptance. 
    6. The buyer shall exercise its rights arising from faulty fulfilment at the address of the seller’s place of business at which acceptance of returned goods is possible with respect to the assortment of goods sold. The moment of executing a return is considered to be the moment when the seller received the returned goods from the buyer. 
    7. Other rights and obligations of the parties connected with the seller’s responsibility for defects may be governed by the seller’s return policy. 
  8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
    1. The buyer takes over ownership of the goods by paying the full purchase price of the goods. 
    2. In relation to the buyer, the seller is not bound by any code of conduct in the meaning of the provisions of Section 1826 (1) (e) of the Civil Code. 
    3. The body responsible for out-of-court resolution of consumer disputes arising from the purchase contract between the seller and the purchasing consumer is by online adress info@shekel.cz .
    4. The seller is authorised to sell goods on the basis of a trade license. Trade inspection is conducted by the relevant trade licensing authority within the context of its competency. Supervision of the area of protection of personal data is conducted by the Office for Personal Data Protection. Among other things, the Czech Trade Inspection Authority conducts, in the defined scope, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended. 
    5. The buyer assumes the risk of a change of circumstances in the meaning of Section 1756 (2) of the Civil Code. 
    6. The seller is authorised to withdraw from the purchase contract at any time until the time of delivery of the goods to the seller. In such as case, the seller shall return the purchase price to the buyer without undue delay by means of cashless transfer to the account designated by the buyer. 
    7. If a gift is provided to the buyer together with the goods, a gift contract is concluded between the seller and the buyer with the terminating condition that if the buyer withdraws from the purchase contract, the gift contract pertaining to such gift shall be nullified and the buyer shall be obligated to return the provided gift to the seller together with the returned goods. 
  9. PROTECTION OF PERSONAL DATA
    1. Protection of the personal data of a buyer who is a natural person is provided pursuant to Act No. 101/2000, Coll., on Protection of Personal Data, as amended. 
    2. The buyer agrees with the processing of the his/her following personal data: name and surname, residential address, identification number, tax identification number, electronic mail address, telephone number and age (hereinafter referred to jointly as “personal data”).
    3. The buyer agrees with the processing of personal data for the purposes of exercising the rights and obligations arising from the purchase contract and for the purposes of administering the user account. If the buyer does not choose a different option, the buyer agrees with the processing of personal data by the seller for the purposes of sending information and commercial messages to the buyer. Agreement with the processing of personal data in the full scope pursuant to this article is not a condition that would in and of itself prevent the conclusion of a purchase contract.
    4. The buyer shall bear in mind that he/she is obligated to provide his/her personal data (during registration, in his/her user account, when ordering goods via the web interface of the shop) correctly and truthfully and that he/she is obligated to inform the seller of changes in his/her personal data without undue delay.
    5. The seller can entrust the processing of the buyer’s personal data to a third party, i.e. a data processor. The seller shall not hand over personal data to third parties other than entities transporting goods without the buyer’s prior consent.
    6. Personal data will be subject to processing for an indefinite period. Personal data will be processed in electronic form by automated means or in printed from by non-automated means.
    7. The buyer shall confirm that the provided personal data are accurate and that the buyer was informed that this involves voluntary provision of personal data. 
    8. In the event that the buyer believes that the seller or processor (Article 9.5.) is conducting processing of his/her personal data in contravention of the protection of the buyer’s private and personal life or in conflict with the law, especially if the personal data are inaccurate with respect to the purpose of their processing, the buyer can: 
      1. demand an explanation from the seller or processor,,
      2. demand that the seller or processor remedy the situation.
    9. If the buyer requests information about the processing of his/her personal data, the seller is obligated to provide such information to the buyer. Pursuant to the preceding sentence, the seller has the right to request reasonable compensation not exceeding the necessary costs of providing such information. 
  10. SENDING OF COMMERCIAL MESSAGES AND STORING OF COOKIES
    1. The buyer agrees with the sending of information relating to goods, services or the business of the seller to the buyer’s electronic address and further agrees with the sending of commercial messages to the buyer’s electronic address. 
    2. The buyer agrees with the storing of cookies on his/her computer. In the case that it is possible to make a purchase on the website and fulfil the seller’s obligations without storing cookies on the buyer’s computer, the buyer can withdraw his/her consent pursuant to the preceding sentence. 
  11. DELIVERY
    1. Notifications pertaining to the relations between the seller and the buyer must be delivered by post in the form of a registered letter unless agreed otherwise in the purchase contract. Notifications shall be delivered to the relevant contact address of the other party and shall be considered to have been delivered and effective at the moment of their delivery by post, with the exception of a notification of withdrawal from a contract on the part of the buyer, when withdrawal becomes effective if the notification was sent by the buyer within the withdrawal period. 
    2. Notifications whose acceptance was rejected by the addressee, which were not picked up within the holding period or which were returned as undeliverable shall be considered to have been delivered. 
    3. The contracting parties can send ordinary correspondence to each other by means of electronic mail at the electronic mail address stated in the buyer’s user account or provide by the buyer in the order and, conversely, at the address provided on the seller’s website. 
  12. FORCE MAJEURE
    1. Cases of extraordinary, unforeseeable and insurmountable obstacles that arise independent of the will of the seller (hereinafter referred to as “force majeure events”include, among other things, all such cases beyond the reasonable control of the seller, including breakdowns of production equipment, fire, military conflicts, disturbances of the peace, civil unrest, strikes, etc. The seller shall exert all possible efforts to inform the buyer of the occurrence of a force majeure event as soon as possible. 
    2. If fulfilment of the seller’s obligations is delayed due to a force majeure event, the seller’s responsibility to fulfil its obligations shall be suspended for the period of duration of such circumstances and the period for such fulfilment shall be extended by appropriate means. If fulfilment of the seller’s obligation becomes impossible due to a force majeure event, the seller shall be authorised to withdraw from the contract. In this case, the seller and buyer shall return to each other all considerations provided during such period. 
    3. If the force majeure circumstances endure for a period longer than six months, the buyer and seller can withdraw from the contract without any obligations arising between them. 
  13. INTELLECTUAL PROPERTY
    1. The buyer shall bear in mind that no provisions of these Business Terms and Conditions or of a related contract give the buyer the right to use the registered trademarks, copyrighted works, patents, utility models and industrial designs, domain names or any other trademark used in the shop which are under the ownership of AirMarketing s.r.o. regardless of whether they are registered or not (hereinafter referred to as “intellectual property”).
    2. The buyer undertakes that it will not use intellectual property without the prior written consent of the given company in AirMarketing s.r.o and that it will not register any elements of intellectual property belonging to the AirMarketing s.r.o for its own benefit or for the benefit of a third party. 
    3. The buyer may not conduct any activity that would damage the good name of the AirMarketing s.r.o.
    4. The buyer undertakes that it will not use the intellectual property on any social networks in a manner that is not in accordance with these Business Terms and Conditions. 
  14. FINAL PROVISIONS
    1. The buyer shall bear in mind that no provisions of these Business Terms and Conditions or of a related contract give the buyer the right to use the registered trademarks, copyrighted works, patents, utility models and industrial designs, domain names or any other trademark used in the shop which are under the ownership of AirMarketing s.r.o regardless of whether they are registered or not (hereinafter referred to as “intellectual property”).
    2. If any provision of the Business Terms and Conditions is or becomes invalid or ineffective, such provision shall be replaced by a provision whose meaning approximates that of the invalid provision as closely as possible. The validity of other provision shall not be affected by the invalidity or ineffectiveness of one provision. It is necessary that amendments and addenda of the purchase contract or Business Terms and Conditions be executed in written form. 
    3. The purchase contract including the Business Terms and Conditions shall be archived by the seller in electronic form and in printed form and shall not be accessible.
    4. A sample form for withdrawal from a contract comprises an annex to the Business Terms and Conditions. 
    5. The seller’s contact information: delivery address AirMarketing, s.r.o., Belgická 27, 120 00, Praha 2, electronic mail address info@shekel.cz , telephone 775 181 077.

 

Prague, 7. 7. 2017