Question Information about the e-shop operator
Answer

Charakter

Address: Kaprova 42/14,
Prague 1, Old Town, 110 00

Personal Identification Number: 06521134
Non VAT

Dial and LiveChat connections via Facebook Messenger.

Telephone Number: +420 776 673 663
E-mail: hello@charakter.store

Claim & Exchange:
P.O.BOX 107
Pobřežní 249/46
18600 Prague 8 – Karlin
Czech Republic

Bank details:
Account number: 1338480042/3030
IBAN: CZ25 3030 0000 0013 3848 0042
BIC: AIRACZPP

Question I. Introductory provisions
Answer

      1. These GTC are an integral part of the Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and a third party (hereinafter referred to as the “Buyer”). For the purposes of these GTC, the Buyer shall mean any person different from the Seller, who shall, in accordance with these GTC, purchase goods in the Seller’s online store. The buyer can be both a consumer and a person from the consumer, ie an entrepreneur or a legal person.The Purchase Contract is not concluded until the moment the order is placed on the Internet domain character.cz by the Seller via a confirmation e-mail. The Purchase Agreement may be concluded in the Czech language through the above-mentioned Seller’s Internet domain in accordance with these GTC; no other way of concluding a purchase contract is possible.
      2. The concluded purchase contract is governed by and must be interpreted in accordance with Czech law, in particular the Act. No. 89/2012 Coll., Civil Code, as amended and if the Buyer is a Consumer, also Act No. 634/1992 Coll., on Consumer Protection.

Question II. Ordering goods via the Seller's website, concluding a purchase contract
Answer

      1. For the purposes of these GTC, the term “order” means the Buyer made a selection of the requested Goods and filled in the required identification data in an electronic form located on the Seller’s web domain. The Buyer is informed by the Seller of the acceptance of the order by means of a confirmation automatically displayed after completion of the order in the Seller’s e-shop. The confirmation in question is for information purposes only and does not establish any legal relationship between the Seller and the Buyer.
      2. The condition for the proper execution of an electronic order is to fill in all the data and particulars required by the form. By placing an order, the Buyer expressly declares that he / she is fully acquainted with these terms and conditions and that he / she agrees with them in the wording stated on the Seller’s website. Errors arising from the entry of data in the order submission process are detectable by subsequent inspection by the Buyer, which must be promptly removed from the order by the correct data.
      3. The Buyer is obliged to confirm, in addition to the selection of the goods and the completion of the required identification data, that the Buyer agrees to the payment of all costs associated with the transport of the goods to his / her hands or to the Buyer. any other costs, if expressly stated in the Seller’s order form. Only an order containing all of the above is considered complete and only this complete order will be forwarded to the Seller for possible approval; the order that lacks any of these requirements is disregarded.
      4. The Purchase Contract is not concluded until the moment of acceptance of the order by the Seller, ie when the Seller delivers the “Order Confirmation” to the Buyer at the email address stated by the Buyer in the order. Only at the moment of delivery of such confirmation is there a legal relationship between the Buyer and the Seller on the basis of which mutual rights and obligations arising from the concluded purchase contract arise for the individual parties.
      5. By concluding the Purchase Agreement, the Buyer expressly declares that it has thoroughly familiarized itself with all the features of the purchased goods prior to its conclusion.

Question III. Goods price, purchase price
Answer

      1. When selecting the payment of the purchase price by the GoPay Gateway, the Buyer does not enter its bank card details into our system, but directly into the 3D secure bank interface via an encrypted SSL protocol. In seconds you will get the result.
      2. In the event that the Buyer chooses the method of payment of the purchase price cash on delivery, the seller reserves in accordance with § 2132 of Act No. 98/2012 Coll. of the Civil Code, to the right to property. The buyer thus becomes the owner of the goods only after the purchase price has been paid in full. However, the risk of damage to the goods is transferred to the buyer by taking over the goods.
      3. The price of the goods is stated by the Seller in the offer of the relevant goods at the time the order is made by the Buyer. However, if the price is not stated for the goods or the price is zero (eg due to the addition of a new assortment), the Buyer shall inform the Seller of the price. The Seller is obliged to communicate the price to the Buyer as soon as possible. Prices for goods are exclusive of VAT and are final.
      4. In the event that the Seller states in respect of some of its goods. “Special Price”, this action price is valid until the time of the sellout or until the price is replaced by the Seller, unless otherwise specified by the specific goods.
      5. The purchase price for the purposes of these GTC means the price of the goods, including all other fees, which the Buyer has committed to pay by means of the order form.
      6. Customer may pay the purchase price in one of the following ways:- a) GoPay Gateway- b) cash on delivery (only for the Czech Republic)

Question IV. Delivery of goods to the buyer, amount of freight
Answer

        1. When completing the Seller’s order form, the Buyer shall choose from the following delivery options:- Czech Post- Stuff
        2. Under the condition that the goods are in stock, the Seller shall send the goods to the buyer within 7 working days of the day on which the Purchase Contract was concluded. The buyer is aware of the facts and undertakes to pay the freight price set by the Seller in the order form in addition to the price of the goods.
        3. The price of the freight according to the previous paragraph of these GTC depends on the weight of the goods, the place of delivery of the goods of the designated Buyer, the selected carrier and the type of transport / The cost of postage and packing, chosen by the buyer in the order, is borne by the buyer and these costs are governed by the current Seller’s price list. Shipping costs are as follows:- 100 CZK postage and packing- 30 CZK cash on delivery- the price of transport with a weight above 2 kg is governed by the current price list of the transport service
        4. In case the carrier offers several types of transport, the Buyer is obliged to select one particular type of transport in the Seller’s order form, in the “transport and payment” tab.
        5. Delivery dates on the web are informative. It is based on anticipated delivery times of shipping companies.
        6. In the case of delivery of goods through the carrier, the goods are deemed to be sent on the day of delivery to the carrier. The Seller bears no responsibility for any damage to the goods caused by the carrier during the transport of the goods. The Buyer is obliged to check on acceptance of the goods whether the packaging of the goods is in some way damaged or deformed and in case of its damage inform the Seller immediately in the course of the complaint procedure.

Question V. Withdrawal from the Contract
AnswerThis part of the Terms and Conditions governs the rights and obligations relating to the withdrawal of the Buyer from the contract, the conditions of withdrawal, the period and the procedure for exercising this right. At the same time, this part of the Terms and Conditions serves as a lesson to the buyer about the right of withdrawal. When referring to this Article of the GTC about the Buyer, the Buyer’s applicable provision shall apply to anyone whoever it is; when referring to the Consumer in this article, the provision in question applies only to the Buyer who is the consumer.The consumer has the right to withdraw from the contract within 14 days of receipt of the goods without giving reasons. If the subject of the contract is several types of goods or delivery of several parts, the Consumer has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the last delivery of the goods. In order to comply with the withdrawal period, it is sufficient to send the withdrawal from the contract before the relevant deadline expires.If the Seller provides the Consumer with highly misleading information, the Consumer has the right to withdraw from the Purchase Agreement within 3 months of the day on which he / she learned or could learn about it. Highly deceptive data is understood to mean, in particular, such data which do not grossly correspond to the actual data, while, with knowledge of the actual data, the consumer would not conclude the purchase contract in this text.In case of withdrawal from the contract according to the previous sentence, the consumer is obliged to return the goods to the Seller without undue delay, no later than fourteen days after such withdrawal, by delivering this to the address of the Seller’s registered office, preferably in the original packaging, including a copy of the invoice or delivery sheet. In order to meet the deadline for returning the goods, it is sufficient to send the goods back before the relevant deadline expires. Consumer bears within the meaning of § 1820 par. (g) any cost of returning the goods. If the returned goods are incomplete, damaged or visibly worn, the Seller is entitled to claim damages against the Buyer. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Consumer’s claim to return the performance provided by the Seller. However, the buyer is only responsible for reducing the value of the goods as a result of handling the goods in a manner other than that necessary to familiarize themselves with the nature and characteristics of the goods, including their functionality.If the Consumer withdraws from the contract, the Seller shall return to the Seller, without undue delay, at the latest within 14 days of withdrawal from the contract and delivery of the returned goods, all funds, including the delivery costs, received from him under the contract, in the same manner if otherwise. Thus, based on the withdrawal from the contract, the consumer will not incur additional costs unless the seller claims a claim for damages under Article V.4.The Buyer is entitled to withdraw from the Contract only in writing, either by letter sent to the Seller’s registered office listed in the Commercial Register or by e-mail sent to the Seller’s e-mail address. Any other form of withdrawal shall not be taken into account. The Seller shall immediately upon receipt of the withdrawal from the contract acknowledge receipt of such withdrawal notice to the Buyer.

Consumer cannot withdraw in accordance with § 1837 of Act. No. 89/2012 Coll., the Civil Code, from the purchase contract for the delivery of goods, which have been modified according to the Consumer’s wishes or for his person and from the purchase contract contracts for the delivery of goods in a sealed package, which the consumer removed from the packaging and cannot be sanitary return.

The seller is entitled to withdraw from the contract in the following cases:

(a) the goods are no longer manufactured or supplied;

b) Seller’s inventory has been exhausted

c) The Seller is not objectively able to deliver the goods to the Buyer for reasons independent of his will,

d) The Buyer shall not pay the purchase price within the deadline specified in Article III.5 hereof

Both the Seller and the Buyer are entitled to withdraw from the Purchase Contract even if the conditions foreseen by the Act. No. 89/2012, the Civil Code and related legislation. By withdrawing from the contract, the purchase contract is canceled from the beginning. Withdrawal from the contract expiring to the extent of the effects of the rights and obligations of the parties. In case of withdrawal from the contract, the parties are obliged to return what they have provided to each other. Deadlines for returning goods and received funds are governed by the relevant provisions of these GTC on Consumer, even if the Buyer is a person different from the consumer.

Question VII. Defective Performance Rights
AnswerAll other rights of the Buyer from defective performance not explicitly stated in these GTC are governed by the provisions of Section 1914 et seq. and § 2099 et seq. disciple. No. 89/2012, the Civil Code and related legal regulations.

The rights of defective performance may be exercised at the address of the Seller’s registered office listed in the Trade Register. Any complaints will be settled in accordance with these terms and conditions and the laws of the Czech Republic.

The Buyer is obliged to inspect the delivered goods as soon as possible after the transfer of the risk of damage to the goods and to verify its properties and quantity.

The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Goods were taken over by the Buyer:

(a) the goods possess the characteristics agreed by the parties and, in the absence of an arrangement, those characteristics which the Seller has described or which the Buyer has expected with regard to the nature of the goods and the advertising performed by the Seller;

(b) the goods are fit for the purpose indicated by the Seller for their use or for which goods of that kind are normally used;

c) the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or model,

If the goods do not have the above-mentioned properties, the Buyer may request delivery of new goods free of defects, if this is not disproportionate due to the nature of the defect. If the defect only affects a part of the goods, the buyer may only request the replacement of the part of the goods if the goods remain fully functional; if this is not possible, it may require a reasonable discount on the price of the goods or withdraw from the contract.

If the Buyer discovers that the delivered goods have a defect, he shall notify the Seller without undue delay and hand over the goods to his hands, or keep them under his instructions or dispose of them appropriately so that the defect can be reviewed.

If the Buyer claims the Seller’s defect of the goods correctly, the period for exercising the defective performance rights for the period that the Buyer cannot use the defective goods is not running.

If the defect is removable, the Buyer may request either repair or addition of what is missing or reasonable discounts on the price. If it is not possible to remove the defect and use the goods properly for it, the Buyer may withdraw from the contract or claim a reasonable price discount.

If the defective performance is a material breach of the contract by the seller, the buyer has the right:

a) for removal of defects by delivery of new goods without defects or delivery of missing goods,

b) to remove the defect by repairing the goods,

(c) a reasonable discount on the purchase price; \ tor. \ t

d) withdraw from the contract

The Buyer is obliged to notify the Seller of the right he has chosen, upon notification of the defect, or without undue delay after the defect has been notified. The Buyer may not change the choice made without the Seller’s consent; this does not apply if the Buyer has requested the repair of a defect that proves irreparable. If the Seller does not remove the defects within a reasonable period of time or if the Seller informs the Buyer that he will not remedy the defects, the Buyer may require a reasonable discount on the purchase price instead of the defect removal or may withdraw from the contract. If the Buyer does not choose its right in time, has the right to remedy the defect or a reasonable discount on the purchase price, the right to remove the defect by repairing the goods and the right to withdraw from the contract shall terminate in such a case.

If the defective performance is an insignificant breach of the contract, the Buyer has the right to remove the defect or to a reasonable discount on the purchase price. Until the Buyer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller may supply what is missing or remove the legal defect. Other defects may be removed by the Seller at its option by repairing the item or by delivering a new item; the choice must not cause the Buyer unreasonable costs. If the Seller does not remove the defect in time or refuses to remove the defect, the Buyer may request a discount from the purchase price or may withdraw from the contract. The Buyer may not change the choice made without the Seller’s consent.

Until the removal of the defect, the Buyer does not have to pay part of the purchase price by reasonably proportionate to its discount right.

Upon delivery of a new item, the Buyer shall return the goods originally delivered to the Seller at its expense. In such a case, the Seller will only pay the Buyer the costs actually incurred and proportionate to the nature of the matter. The Seller is not obliged to pay to the Buyer the cost of returning the item from a location not corresponding to the originally intended use site and located in a location where there is a disproportionately greater cost of transporting the goods to the Seller’s registered office, unless the Seller has been able to use the goods in such a location prior to closing. expressly informed by the Buyer. The Buyer is not entitled to make the return of the goods subject to the payment of the aforementioned costs associated with its return. The Buyer is entitled to demand such costs only at the moment of delivery of the goods to the address of the Seller registered in the Commercial Register.

The Purchaser may not withdraw from the Purchase Agreement or request delivery of new goods if the Purchaser cannot return the goods in the condition in which they received them. This does not apply:

(a) if there is a change in condition as a result of an inspection to detect a defect in the goods,

b) if the Buyer used the goods before the defect appeared,

c) if the Buyer did not cause the goods to be returned unchanged by act or omission, or

(d) if the Buyer has disposed of the goods prior to the appearance of the defect, if he has consumed the goods or changed the goods in normal use; if it has done so in part, the Buyer will return to the Seller what else he can return, and will reimburse the Seller for the amount to which he has benefited

If the Buyer fails to report the defect in time, the Buyer loses the right to withdraw from the contract.

The Buyer has no rights of defective performance if it is a defect, which he had to know with the usual attention already at the conclusion of the contract. This does not apply if the Seller has expressly assured him that the goods are free of defects or if he defects the defect decisively.

The Buyer may exercise the right of defective performance in court if he defects the defect to the Seller without undue delay after he has had the opportunity to inspect the goods and to find out the defect, either by indicating the defect or by announcing it. The defect can be criticized within six months of receipt of the goods. If it is a hidden defect, the same applies if the defect was reported without undue delay after the Buyer could find it in the additional care, but no later than two years after the delivery of the goods.

If the Buyer fails to report the defect in time and the Seller objects to the delayed complaint, the court will not admit the Buyer the right from the defective performance. This does not apply if the defect is a consequence of the fact that the Seller knew or had to know when handing over the goods.

Question VIII. Complaint goods
Answer

        1. The Seller will decide on the complaint immediately, in fifteen (15) business days in complicated cases. This period does not include the time according to the type of goods claimed for professional assessment of the defect.The Seller shall settle the goods, including defect removal, without undue delay, no later than thirty (30) from the date of claiming the goods, unless the Seller and the Buyer agree on a longer period. The deadline can be sporadically extended even in very complicated cases, when the Seller is not objectively able to settle the claim within the set deadline due to the complexity of the case.When claiming goods, the Buyer is always obliged to submit all documents on the purchase of goods issued to him by the Seller, invoice, or. other proof of purchase. The Buyer is obliged to hand over the claimed goods to the Seller in the complete state, ie in the state in which it was received, together with all documentation for the goods and, if possible, in the original packaging. Notification of detected defects must be made in writing and attached to the claimed goods. This notice must contain a precise description of the defects of the goods, including how these defects are manifested.The time limit for settling the complaint begins to run on the date when all conditions for the exercise of the right from defective performance under these GTC are fulfilled by the Buyer, including the delivery of defective goods to the Seller, submission of all documents on the purchase of goods and submission of a notice of detected defects.1 rights arising from defective performance (hereinafter referred to as “goods claim”) in accordance with the preceding Article of these Terms and Conditions either in person at the Seller’s registered office or by means of a complaint letter sent to this address.

Question IX. Quality guarantee
AnswerThe Seller provides a warranty for the quality of the goods to the extent specified in the Purchase Agreement or the Warranty Certificate for the Goods. If the quality guarantee has not been agreed in the concluded purchase contract and the warranty card is not attached to the purchased goods, the Seller provides the Buyer with a guarantee that the goods will be fit for normal use.If a warranty period is specified in the purchase contract other than in the warranty certificate accompanying the purchased goods, the warranty period specified in the purchase contract shall apply.The warranty period, if expressly stated in the purchase contract or warranty card, runs from the moment of delivery of the goods to the Buyer, if the goods were shipped under the contract, the warranty period runs from the delivery of the goods to the destination.The Quality Guarantee does not apply to:(a) mechanical damage to the goods or parts thereof caused by the Buyer;b) defects of goods caused by its storage in unsuitable environment,

c) defects in goods with which the Buyer was acquainted by the Seller during its purchase,

(d) modifications and interventions to goods not made by the Seller;

e) defects of the goods caused by modification of the goods by the Seller at the Buyer’s instruction, if the Seller warned the Buyer that the goods may be defective

f) defects caused by the use of non-original parts of goods

g) defects in goods caused by wear and tear during normal use and damage to goods resulting from rough handling of goods

The warranty period specified in the purchase contract or warranty certificate is extended by the period during which the goods were under warranty repair. However, if the goods are replaced, the warranty period will run again from the date of receipt of the new goods by the Buyer.

The provisions of these GTC on the exercise of rights from defective performance shall apply mutatis mutandis to the notification of a defect covered by the warranty.

Question X. Privacy
AnswerPersonal Data Protection The Buyer, who is a natural person, is provided by Act. No. 101/2000 Coll., on Personal Data Protection.Buyer agrees to the processing and collection of these personal data: first and last name, home address and delivery and billing address, if different from home address, e-mail address and telephone number, or other personal information that he specifies in the order (hereinafter collectively) everything else as “personal data”), until it expresses its disagreement with the processing in writing. Personal data will be processed for the purpose of realizing the rights and obligations of the purchase contract and sending information and commercial communications to the Buyer (if this option is marked, or if it is not possible, the Customer does not explicitly exclude it). Consent or its refusal to process personal data is not a condition that would make it impossible to conclude a purchase contract.By processing the Buyer’s personal data, the Seller may authorize a third party as a processor.The Buyer has the right to access his / her personal data, the right to correct it, and other legal rights to such data. The Buyer declares that he has been instructed that personal data may be removed from the database upon written request from Buyer. Buyer’s personal information is fully protected against misuse. The Buyer’s personal data are not passed on to any other person by the Seller. Exceptions are persons involved in the procurement of goods to whom the Buyer’s personal data are transferred to the minimum necessary for the provision of the goods.Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner.The buyer confirms that the personal information provided is accurate and that he / she has been informed that it is a voluntary provision of personal data.

If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide this information to him. The Seller has the right to request a reasonable reimbursement for providing the information according to the previous sentence not exceeding the costs necessary for providing the information.

Question XI. Other provisions
AnswerAll documents under the purchase contract and these GTC shall be delivered to the delivery address of the contracting parties, unless it is expressly stated that delivery within the internet communication of the contracting parties is sufficient. In the event that the addressee does not collect the mail stored by the postal license holder within the stipulated time limit or otherwise fails to deliver it, the consignment shall be deemed to have been delivered on the third working day after its dispatch; that it was delivered on the fifteenth day after dispatch.
In negotiating and performing the contract, the parties may communicate to each other information which is classified as confidential or whose confidentiality is due to its nature. The parties undertake to keep this information confidential, not to disclose it to a third party without the consent of the other party, not to use it for any purpose other than to fulfill the agreed contractual relationship, not to use it in any other way that could harm the other party to the contract
The Seller expressly declares that in relation to the Buyer it is not bound by any codes of conduct within the meaning of § 1826 par. e) of Act No. 89/2012 Coll., Civil Code.
The Buyer expressly declares that in accordance with Section 1765 (2) of Act no. No. 89/2912 Coll. takes on the risk of a change of circumstances and is aware of any consequences arising therefrom.
Question XII. Final Provisions
AnswerThe rights and obligations of the Buyer and the Seller are governed by the concluded Purchase Agreement and these GTC and in the legal relations not explicitly provided for in them by the valid and effective legal regulations of the Czech legal order, in particular Act No. 89/2012 Coll., Civil Code (o.z.).
The purchase contract specified by these GTC as well as the legal relationships of the parties resulting from this contract are governed by Czech law, even if the Buyer is a natural person other than Czech nationality or a legal entity located outside the Czech Republic. This provision is without prejudice to the rights and obligations of participants resulting from generally binding regulations of the European Union and other international regulations.
If any provision of these GTC proves invalid or ineffective, or according to the O.z. it shall not affect the duration and validity and effectiveness of the other arrangements of these GTC.
The Seller declares that he is entitled to sell the goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision of compliance with the Act on Consumer Protection.
By confirming these GTC in the order form of the Seller, the Buyer expressly confirms that he has sufficient time to become familiar with their content. The Buyer further declares that he has read these GTCs carefully and fully understood their content and that none of the provisions which they consider to be provisions that could not reasonably have expected their content in terms of Section 1753 o.z. and all the terms and conditions of these GTC are therefore explicitly accepted.
Relationships and potential disputes arising from the purchase contract will be settled exclusively under the laws of the Czech Republic and will be settled by the relevant courts of the Czech Republic. Any disputes between the Buyer and the Seller can also be settled out of court. In such a case, the Customer may contact the entity of out-of-court resolution of the dispute, which is the Czech Trade Inspection Authority, for example, to settle the dispute on-line through a dedicated ODR platform. More information on out-of-court dispute resolution can be found here.
These GTC come into force and effect from 10 July 2018. Participants in the purchase contract are bound by the wording of the GTC published on the relevant Internet domain of the Seller.
The Buyer expressly declares that he has read these GTC, fully understood their content, has no reservations about them and considers them to be in accordance with good morals and principles of honesty. The Buyer further declares that the confirmation of these GTC in the Seller’s order form was made freely, seriously and free from any error or distress that would in any way limit his free decision.