These terms and conditions apply to purchases in the online store WWW.ATAKT.COM, which is operated by Ing. Roman Škorňák .
The conditions further define and specify the rights and obligations of the seller, which is Ing. Roman Škorňák, with its registered office at K Nadjezdu 2, 720 00 Ostrava - Hrabová, Czech Republic, Person identification number / IČO /: 654 75 054, Tax identification number / DIČ /: CZ7106165550, entered in the Trade Register of the City of Ostrava and the buyer (customer, consumer).
All contractual relations are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not the consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.).
The seller is Ing. Roman Škorňák, with its registered office at K Nadjezdu 2, 720 00 Ostrava - Hrabová, Czech Republic, Identification number of the person / IČO /: 654 75 054, Tax identification number / DIČ /: CZ7106165550, entered in the trade register of the City of Ostrava. Ing. Roman Škorňákis a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract. It is an entrepreneur who directly or through other entrepreneurs supplies the buyer with products or provides services. The conditions also regulate the rights and obligations of the participants in the purchase contract concluded at a distance through the server ##### DOMAINNAME ##### and all its departments between the seller: "Business partner Ing. Roman Škorňák" and the buyer. "Business Partner of Ing. Roman Škorňák" hereinafter referred to as "Business Partner" or also "Supplier" is a contractual supplier of an online store that directly sells goods to the buyer through the server ##### DOMAINNAME #####. In this case, the business partner ensures the complete delivery of the goods to the buyer and subsequently also solves all business requirements arising from these terms and conditions. In such a case, a purchase contract is concluded between: the seller "Business Partner" and the buyer, where "Ing. Roman Škorňák" is the intermediary of the trade. The business partner is always listed in the order (in the "SUPPLIER" section), which is an integral part of the established business relationship. The business partner is also responsible for the information provided about the goods on the server ##### DOMAINNAME #####. which is an integral part of the established business relationship. The business partner is also responsible for the information provided about the goods on the server ##### DOMAINNAME #####. which is an integral part of the established business relationship. The business partner is also responsible for the information provided about the goods on the server ##### DOMAINNAME #####.
The customer of our online store is the buyer . Due to the valid legal regulation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.
A consumer buyer or just a consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.
A buyer who is not a consumer is an entrepreneur. An entrepreneur is also considered to be any person who enters into contracts related to his own business, production or similar activities or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur.
If the buyer is a consumer, the proposal to conclude a purchase contract (offer) is the placement of the offered goods by the supplier on the site, the purchase contract is created by sending the order by the buyer - the consumer and acceptance of the order by the supplier. The supplier will immediately confirm this acceptance to the buyer by an informative e-mail to the specified e-mail, but this confirmation does not affect the formation of the contract. The resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or on legal grounds.
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer 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.
If the buyer is not a consumer, the proposal to conclude a purchase contract is a sent order of goods by the buyer and the purchase contract itself is concluded at the time of delivery of the seller''''s binding consent to the buyer with this proposal.
By concluding the purchase contract, the buyer confirms that he has read these terms and conditions, including the complaint procedure , and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before the actual execution of the order and has the opportunity to become acquainted with them.
The period for settling complaints is suspended if the seller has not received all the documents necessary for settling the complaint (parts of goods, other documents, etc.). The seller is obliged to request additional documents from the buyer as soon as possible. The deadline is suspended from this date until the delivery of the requested documents by the buyer.
Among other things, the seller reserves the right to cancel the order or part thereof before and after concluding the purchase contract, based on an agreement with the buyer, in the following cases: the goods are no longer produced or delivered or the supplier''''s price has changed significantly. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the Purchase Agreement will not be concluded.
Gifts that are provided completely free of charge cannot be subject to any consumer rights. Such goods meet the conditions of the Donation Agreement and all standards according to the valid legislation of the Czech Republic.
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., The Civil Code).
The seller responds to the consumer that the item has no defects upon receipt. In particular, the seller is responsible to the consumer that at the time the consumer took over,
If the item does not have the above-mentioned characteristics, the consumer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular if the defect can be rectified without undue delay, the consumer shall have the right to have the defect rectified free of charge. The consumer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy the situation within a reasonable time or if arranging a remedy would cause the consumer considerable difficulties.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
The consumer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.
Seller''''s liability for defectsdoes not apply to wear and tear caused by its normal use . The usual use of clothes, shoes and other fashion accessories, for example, is wear or damage to fastening studs, travel and fastening mechanisms (ZIP, buckles, clasps, loops). Seller ''''s liability for defects does not apply todamage to the mentioned mechanisms caused by their incorrect, unsuitable or strong fastening, closing, opening means damage by tearing of stitches, slipping or tearing of material, etc. In footwear it is for example stepping on soles, tearing tongue or laces, If such a defect was not reported and reported to the seller immediately after the customer took over the order (ie by checking the goods by the customer upon delivery), it is assumed that the defect is caused by incorrect use or it is the wear and tear of a thing of normal use.
In other cases (apart from defects caused to the item by its normal use mentioned above), if the defect becomes apparent within six months of receipt, it is considered that the item was defective at the time of receipt.
Other rights and obligations of the parties related to the seller''''s liability for defects may be regulated by the seller''''s complaint procedure.
If the purchase contract is concluded by means of distance communication (in the online store), the consumer has the right in accordance with § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract without giving a reason within 14 days of receipt of the goods several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods). Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
In the event that the consumer wishes to withdraw from the contract within 14 days, he contacts the seller and preferably states in writing that he withdraws from the contract, ideally stating the order number, date of purchase and account number for a refund. Note: Money can also be returned in cash at the company''''s headquarters or at the seller''''s premises.
To withdraw from the purchase contract, the consumer can also use the sample form provided by the seller, which forms an annex to these terms and conditions. Withdrawal from the purchase contract can be sent by the consumer to the address of the seller''''s office or to the seller''''s e-mail address firstname.lastname@example.org .
In the event that the buyer withdraws from the contract under the preceding paragraphs, the seller will return the funds received from the buyer (except for the amount representing additional delivery costs incurred as a result of the buyer''''s chosen method of delivery, which is different from the cheapest standard delivery method offered by the seller) to 14 days from the withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer, unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. 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
However, the provisions of the Act on withdrawal from the contract within 14 days cannot be understood as a possibility of free lending of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must issue to the seller within 14 days of withdrawal from the contract everything he has obtained on the basis of the purchase contract. If this is no longer possible (eg in the meantime the goods have been destroyed or consumed), the consumer must provide monetary compensation in return for what can no longer be issued. If the returned goods are only partially damaged, the seller can claim damages from the consumer and set off his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage. In such a case, the seller returns only the reduced purchase price to the consumer.
The seller may offset the actual costs incurred in returning the goods against the purchase price to be returned to the buyer.
The consumer does not have the right to withdraw from the contract in accordance with the provisions of Section 1837 of the Civil Code, in particular, in the case of contracts:
Further information on the consumer''''s withdrawal within the 14-day period is available on the seller''''s website.
The seller reserves the right to cancel the order for goods marked with the term "Currently unavailable" if the goods can no longer be delivered or replaced by another model or if its price has changed significantly and the customer does not accept this before the purchase contract. The seller informs the customer about this situation. If part or all of the order has been paid, the customer will have a refund.
The specific conditions and options of payment and transport methods are described in more detail on the payment and transport methods page .
The goods remain the property of the seller until full payment and acceptance, but the risk of damage to the goods passes to the buyer.
The Buyer''''s billing information cannot be changed retroactively after sending the order.
According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer and at the same time he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
Customer information is stored in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations. By concluding the contract, the buyer agrees to the processing and collection of his personal data in the seller''''s database after the successful fulfillment of the contract, until his written expression of disagreement with this processing.
The buyer has the right to access their personal data, the right to correct them, including other legal rights to this data. Personal data can be removed from the database based on a written request from the customer. Personal data of customers are fully protected against abuse. The supplier does not pass on personal customer data to any other person. Exceptions are external carriers to which personal data of customers are transferred to the minimum extent necessary for the delivery of goods.
Individual contracts are archived by the operator after their conclusion, in electronic form and are accessible only to the store operator.
The terms of personal data protection are described on the personal data protection page .
The seller ensures the take-back of electrical equipment from households and separate collection of electrical waste, batteries and accumulators, in accordance with applicable legislation. The customer is entitled to return the old electrical equipment when purchasing new similar electrical equipment, or batteries or accumulators at any of the seller''''s stores. The addresses of these stores are listed in the seller''''s contacts on this website.
The customer is also entitled to hand over electrical equipment, electrical waste or batteries or accumulators at the collection points of RETELA, sro listed on its website. These pages also list the negative effects of substances used in batteries or accumulators, as well as graphic symbols for separate collection, information on how to carry out separate collection and its meaning. The customer is also entitled to return electrical equipment, electrical waste or batteries or accumulators in collection points intended for the collection of such waste in the relevant municipality.
The seller also ensures the take-back of electrical equipment from households free of charge directly at the household, if the customer orders goods of a similar type and use. Take-back applies to electrical equipment in the number corresponding to the ordered goods.
Electrical equipment, electrical waste, batteries and accumulators must not be disposed of with mixed waste, but must be disposed of at designated collection points, ie collection points or collection points, such as those listed above. These facilities and waste will be further used for the production of new facilities. Hazardous and harmful substances from these devices and wastes can harm the environment or human health.
The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.
In the event that a consumer dispute arises between the Seller and the Buyer from the purchase contract or the contract for the provision of services, which cannot be resolved by mutual agreement , the Buyer may file a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes.
Czech Trade Inspection Authority
Central Inspectorate - ADR Department
120 00 Prague 2
The buyer can also use the online dispute resolution platform set up by the European Commission and available at: https://ec.europa.eu/consumers/odr/
The seller handles consumer complaints via the contact form or the email address email@example.com . The seller will send information about the settlement of the buyer''''s complaint to the buyer''''s e-mail address.
The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
These terms and conditions are valid as stated on the seller''''s website, on the day of concluding the purchase contract. After its confirmation, the consumer''''s order is archived as a concluded contract between the buyer and the seller for the purpose of its fulfillment and further records, and its status is accessible to the buyer. The contract can be concluded in the Czech language, or in other languages, unless this is the reason for the impossibility of concluding it. By purchasing, the customer agrees to the sending of commercial messages.
These terms and conditions allow the consumer to archive and reproduce them. At the time of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions as valid on the day of sending the order, including the price of the ordered goods stated in the confirmed order, unless demonstrably agreed otherwise in a specific case.
These conditions take effect on 2.5. 2022