📝 GENERAL TERMS AND CONDITIONS

General Terms and Conditions

I.

Basic Provisions

  1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)

HYBLER s.r.o.

Company ID No.: 28964586, VAT No.: CZ28964586

with its registered office at: Markupova 2594/11, 193 00 Prague 9

email: papery@papery.cz

www.papery.cz

(hereinafter referred to as the “Seller”)

  1. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside the scope of their business activities as a consumer, or within the scope of their business activities (hereinafter referred to as the “Buyer”) via the web interface located on the website available at www.papery.cz (hereinafter referred to as the “Online Store”).
  2. The provisions of these Terms and Conditions are an integral part of the purchase agreement. Any deviating provisions in the purchase agreement take precedence over the provisions of these Terms and Conditions.
  3. These Terms and Conditions and the purchase agreement are concluded in the Czech language.

II.

Information on Goods and Prices

  1. Information on goods, including the prices of individual items and their main characteristics, is provided for each item in the online store’s catalog. Prices are listed inclusive of value-added tax, all related fees, and return shipping costs if the goods, by their nature, cannot be returned via standard postal service. Product prices remain valid for as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase agreement under individually negotiated terms.
  2. All product presentations in the online store catalog are for informational purposes only, and the seller is not obligated to enter into a purchase agreement regarding these products.
  3. Information regarding the costs associated with packaging and delivery of goods is published in the online store. The information regarding the costs associated with packaging and delivery of goods listed in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.
  4. Any discounts on the purchase price of goods cannot be combined with one another, unless the seller and the buyer agree otherwise.

 III.

Order and Conclusion of the Purchase Agreement

  1. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) are borne by the buyer. These costs do not differ from the standard rate.
  2. The buyer places an order for goods in the following ways:
  • through their customer account, if they have previously registered in the online store,
  • by filling out the order form without registration.
  1. When placing an order, the buyer selects the goods, the quantity of goods, the payment method, and the delivery method.
  2. Before submitting the order, the buyer is allowed to review and modify the information entered into the order. The buyer submits the order to the seller by clicking the “Submit Order” button. The information provided in the order is considered accurate by the seller.
  1. The validity of the order is conditional upon the completion of all required fields in the order form and the buyer’s confirmation that they have read these Terms and Conditions.
  2. Immediately upon receiving the order, the seller will send the buyer an order confirmation to the email address provided by the buyer during the ordering process. This confirmation is automatic and does not constitute the conclusion of a contract. The Seller’s current Terms and Conditions are attached to the confirmation. The purchase contract is concluded only upon the Seller’s acceptance of the order. Notification of order acceptance is sent to the Buyer’s email address. Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the email address provided by the buyer at the time of ordering. This confirmation is considered the conclusion of the contract. The seller’s current terms and conditions are attached to the confirmation. The purchase contract is concluded upon the seller’s confirmation of the order to the buyer’s email address.
  3. If the seller is unable to fulfill any of the requirements specified in the order, the seller will send the buyer a modified offer to the buyer’s email address. The modified offer is considered a new draft of the purchase contract, and in such a case, the purchase contract is concluded upon the buyer’s confirmation of acceptance of this offer to the seller at the email address specified in these terms and conditions.
  4. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives notification of the seller’s acceptance of the order. The buyer may cancel the order by phone at the seller’s phone number or via email to the seller’s email address specified in these Terms and Conditions.
  5. In the event of an obvious technical error on the part of the Seller in listing the price of the goods in the online store or during the ordering process, the Seller is not obligated to deliver the goods to the Buyer at this clearly erroneous price, even if the Buyer has received an automatic confirmation of order receipt in accordance with these Terms and Conditions. The seller shall inform the buyer of the error without undue delay and send the buyer a revised offer to their email address. The revised offer shall be considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded upon the buyer’s confirmation of acceptance sent to the seller’s email address.

IV.

Customer Account

  1. Upon registering in the online store, the buyer may access their customer account. From their customer account, the buyer may place orders for goods. The buyer may also order goods without registering.
  2. When registering for a customer account and when ordering goods, the buyer is required to provide all information correctly and truthfully. The buyer is required to update the information in the user account whenever any changes occur. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
  3. Access to the customer account is secured by a username and password. The buyer is obligated to maintain confidentiality regarding the information necessary to access their customer account. The seller is not liable for any misuse of the customer account by third parties.
  4. The buyer is not authorized to allow third parties to use the customer account.
  5. The Seller may cancel a user account, particularly if the Buyer no longer uses their user account or if the Buyer breaches their obligations under the purchase agreement and these Terms and Conditions.
  6. The Buyer acknowledges that the user account may not be available continuously, particularly in view of necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.

V.

Payment Terms and Delivery of Goods

  1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement using the following methods:
  • by bank transfer to the seller’s bank account number 2600972857/2010, held at Fio banka, a.s.
  • by credit card
  • by bank transfer to the seller’s account via a payment gateway.
  • cash on delivery upon receipt of the goods,
  • in cash or by credit card upon personal pickup at the parcel pickup point.
  1. In addition to the purchase price, the buyer is obligated to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price is understood to include the costs associated with delivery of the goods.
  2. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
  3. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
  4. In the case of a non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled upon the crediting of the relevant amount to the seller’s bank account.
  5. The seller does not require any advance deposit or other similar payment from the buyer. Payment of the purchase price prior to shipment of the goods does not constitute an advance deposit.
  6. Pursuant to the Act on Sales Records, the seller is obligated to issue a receipt to the buyer. At the same time, the seller is obligated to record the received sales revenue with the tax administrator online; in the event of a technical failure, this must be done within 48 hours at the latest.
  7. The goods are delivered to the buyer:
  • to the address specified by the buyer in the order
  • via a parcel pickup point to the address of the pickup point specified by the buyer
  • by personal pickup at the seller’s premises
  1. The delivery method is selected during the ordering process.
  2. The costs of delivering the goods, depending on the method of shipment and receipt of the goods, are listed in the buyer’s order and in the seller’s order confirmation. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
  3. If the seller is obligated under the purchase agreement to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery. If, for reasons attributable to the buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.
  4. Upon receiving the goods from the carrier, the buyer is obligated to check that the packaging is intact and, in the event of any defects, to immediately notify the carrier. If the packaging is found to be damaged in a manner indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier.
  5. The seller will issue a tax document—an invoice—to the buyer. The tax document is sent to the buyer’s email address. The tax document is included with the delivered goods.
  6. The buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but no sooner than upon acceptance of the goods. Liability for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obligated to accept the goods but failed to do so in violation of the purchase agreement.

 VI.

Withdrawal from the Contract

  1. A buyer who has entered into a purchase contract outside the scope of their business activities as a consumer has the right to withdraw from the purchase contract.
  2. The withdrawal period is 14 days
  • from the date of receipt of the goods,
  • from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
  • from the date of receipt of the first delivery of goods, if the subject of the contract is a regular recurring delivery of goods.
  1. The buyer may not, among other things, withdraw from the purchase contract:
  • for the provision of services, if they were performed with the buyer’s prior express consent before the expiration of the withdrawal period and the seller informed the buyer prior to the conclusion of the contract that in such a case the buyer has no right to withdraw from the contract,
  • for the delivery of goods or services whose price depends on fluctuations in the financial market beyond the seller’s control and which may occur during the withdrawal period,
  • for the delivery of alcoholic beverages that may be delivered only after thirty days have elapsed and whose price depends on fluctuations in the financial market beyond the seller’s control,
  • the supply of goods that have been customized according to the buyer’s wishes or for the buyer’s person,
  • the supply of perishable goods, as well as goods that have been irrevocably mixed with other goods after delivery,
  • the delivery of goods in sealed packaging which the buyer has unsealed and which cannot be returned for hygiene reasons,
  • the delivery of audio or video recordings or computer programs, provided the original packaging has been broken,
  • the delivery of newspapers, periodicals, or magazines,
  • the delivery of digital content, provided it was not delivered on a tangible medium and was delivered with the buyer’s prior express consent before the expiration of the withdrawal period, and the seller informed the buyer prior to the conclusion of the contract that in such a case the buyer has no right to withdraw from the contract,
  • in other cases specified in Section 1837 of the Civil Code.
  1. To comply with the withdrawal period, the buyer must send the notice of withdrawal within the withdrawal period.
  2. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer shall send the notice of withdrawal from the purchase contract to the seller’s email or mailing address specified in these Terms and Conditions. The seller shall confirm receipt of the form to the buyer without delay.
  3. A buyer who has withdrawn from the contract is obligated to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by standard mail due to their nature.
  4. If the buyer withdraws from the contract, the seller shall refund to the buyer without delay, but no later than 14 days from the withdrawal, all funds received from the buyer, including delivery costs, using the same method. The seller shall refund the funds received to the buyer by a different method only if the buyer agrees to this and if it does not incur additional costs for the buyer.
  5. If the buyer has chosen a delivery method other than the cheapest one offered by the seller, the seller shall refund the buyer the delivery costs in an amount corresponding to the cheapest delivery method offered.
  6. If the buyer withdraws from the purchase contract, the seller is not obligated to refund the received funds to the buyer before the buyer hands over the goods to the seller or proves that the goods have been shipped to the seller.
  7. The buyer must return the goods to the seller undamaged, unworn, and unsoiled, and, if possible, in the original packaging. The seller is entitled to unilaterally set off any claim for damages to the goods against the buyer’s claim for a refund of the purchase price.
  8. The seller is entitled to withdraw from the purchase agreement due to stock depletion, unavailability of the goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The Seller shall immediately notify the Buyer via the email address provided in the order and shall, within 14 days of notification of withdrawal from the purchase agreement, refund all funds, including delivery costs, received from the Buyer under the agreement, using the same method or a method specified by the Buyer.
  9. Address for returning goods: PAPERY.CZ, Poděbradská 777/9c, 190 00 Prague 9

VII.

Rights Arising from Defective Performance

  1. The seller warrants to the buyer that the goods are free from defects upon delivery. In particular, the seller warrants to the buyer that at the time the buyer took delivery of the goods:
  • the goods possess the characteristics agreed upon by the parties, and in the absence of such an agreement, possess the characteristics described by the seller or manufacturer or which the buyer expected given the nature of the goods and based on the seller’s or manufacturer’s advertising,
  • the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are typically used,
  • the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined based on an agreed sample or model,
  • the goods are in the appropriate quantity, measure, or weight, and
  • the goods comply with legal requirements.
  1. If a defect becomes apparent within six months of the buyer’s receipt of the goods, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to assert a claim for a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price due to a defect for which the lower price was agreed upon, to wear and tear of the goods caused by their normal use, to used goods with a defect corresponding to the degree of use or wear and tear the goods had at the time of acceptance by the buyer, or if it results from the nature of the goods.
  2. In the event of a defect, the buyer may file a complaint with the seller and request:
  • replacement with new goods,
  • repair of the goods,
  • a reasonable discount on the purchase price,
  • withdrawal from the contract.
  1. The buyer has the right to withdraw from the contract,
  • if the goods have a material defect,
  • if the buyer cannot properly use the item due to the repeated occurrence of a defect or defects after repair,
  • or if there are multiple defects in the goods.
  1. The seller is obligated to accept a complaint at any business location where complaint acceptance is possible, or at the seller’s registered office or place of business. The seller is obligated to provide the buyer with written confirmation of when the buyer exercised their right, the content of the complaint, and the method of resolution requested by the buyer, as well as confirmation of the date and method of resolving the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
  2. The seller or an employee authorized by the seller shall decide on the complaint immediately; in complex cases, within three business days. This period does not include the time reasonably required, depending on the type of product or service, for a professional assessment of the defect. The complaint, including the rectification of the defect, must be resolved without delay, no later than 30 days from the date the complaint was filed, unless the seller and the buyer agree on a longer period. The fruitless expiration of this period is considered a material breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment the complaint is filed is deemed to be the moment the buyer’s expression of intent (exercise of the right arising from defective performance) is received by the seller.
  3. The seller shall inform the buyer in writing of the outcome of the complaint.
  4. The buyer is not entitled to rights arising from defective performance if the buyer knew that the item was defective prior to taking delivery of it, or if the buyer caused the defect themselves.
  5. In the event of a valid complaint, the buyer is entitled to reimbursement of reasonable costs incurred in connection with filing the complaint. The buyer may exercise this right with the seller within one month after the expiration of the warranty period.
  6. The buyer may choose the method of filing the complaint.
  7. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 through 1925, Sections 2099 through 2117, and Sections 2161 through 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
  8. Further rights and obligations of the parties related to the seller’s liability for defects are governed by the seller’s complaint procedure.

VIII.

Delivery

  1. The contracting parties may deliver all written correspondence to each other via email.
  2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer’s customer account or in the order.

 IX.

Out-of-Court Dispute Resolution

  1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase agreement.
  2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) (EU) No. 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
  3. The Seller is authorized to sell goods based on a trade license. Trade inspections are conducted by the competent trade licensing office within its jurisdiction. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

 X.

Final Provisions

  1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
  2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
  3. All rights to the Seller’s website, in particular copyrights to the content, including the layout of the site, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller’s consent.
  4. The Seller shall not be liable for errors arising from third-party interference with the online store or from its use contrary to its intended purpose. When using the online store, the Buyer must not employ procedures that could negatively impact its operation and must not perform any activity that could enable the buyer or third parties to unlawfully interfere with or unlawfully use the software or other components constituting the online store, or to use the online store, any part thereof, or the software in a manner inconsistent with its intended purpose.
  5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
  6. The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
  7. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

These Terms and Conditions take effect on January 6, 2025

PAPERY_CZ Return_Form