GENERAL TERMS AND CONDITIONS

trading companies
Dita P. sro
with registered office at U Uranie 1413/6, Prague 7
identification number: 04458541
registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 247193
for the sale of goods through an online store located at the internet address www.ditap.cz .

1. INTRODUCTORY PROVISIONS

These general terms and conditions (hereinafter referred to as " GTC ") of the company Dita P. sro ., with its registered office at U Uranie 1413/6, Prague 7, identification number: 04458541, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 247193 (hereinafter referred to as the “ Seller ”), in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code ”), regulates 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 the “ Purchase Contract ”) concluded between the Seller and another natural person (hereinafter referred to as the “ Buyer ” and together with the “Seller” also the “ Contracting Parties ”) through the Seller’s online store. The online store is operated by the Seller on a website located at the following address: www.ditap.cz (hereinafter referred to as the “ Website ”), through the website interface (hereinafter referred to as the “ Store Web Interface ”).
These GTC do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person who, when ordering goods, acts as part of their business activity or as part of their independent profession.
Provisions deviating from the GTC may be agreed in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the GTC.
The provisions of the GTC are an integral part of the Contract. The Contract and the GTC are drawn up in the Czech language. The Contract can be concluded in the Czech language.
The Seller may amend or supplement the text of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC.

2. USER ACCOUNT

Based on the Buyer's registration on the Website, the Buyer can access his user interface. From his user interface, the Buyer can order goods (hereinafter referred to as the " User Account "). If the Web interface of the store allows it, the Buyer can also order goods without registration directly from the Web interface of the store.
When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account in the event of any change. The data provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.
Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User Account.
The Buyer is not entitled to allow third parties to use the User Account.
The Seller may cancel the User Account, especially if the Buyer does not use his User Account for more than 6 months, or if the Buyer breaches his obligations under the Purchase Agreement (including the GTC).
The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

All presentation of goods placed in the Web interface of the store is of an informative nature and the Seller is not obliged to conclude a Contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually negotiated conditions.
The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only to cases where the goods are delivered within the territory of the Czech Republic and the Slovak Republic.
To order goods, the Buyer fills out an order form in the store's web interface. The order form contains, in particular, information about:
1. ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the store's web interface),
2. the method of payment for the purchase price of the goods, information about the requested method of delivery of the ordered goods and
3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the " Order ").
Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer into the Order, also with regard to the Buyer's ability to detect and correct errors that occurred when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the " Send Order " button. The data specified in the Order are considered correct by the Seller. Immediately after receiving the Order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the User Account or in the Order (hereinafter referred to as the " Buyer's e-mail address ").
The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).
The contractual relationship between the Seller and the Buyer arises upon delivery and acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. The Buyer shall bear the costs incurred by the Buyer when using distance communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs), and these costs shall not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller in the following ways:
1. cashless by payment card through the payment system;
2. in cash on delivery, or cashless by payment card (according to the conditions of the Contractual Carrier) at the location specified by the Buyer in the Order;
3. in cash at the Seller's registered office at U Uranie 1413/6, Prague 7, except for porcelain goods and upon agreement with the Seller;
Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. The Seller reserves the right to pack the goods (fragile porcelain) in a way that allows for safe transport and to charge increased costs associated with packaging and delivery of the goods accordingly.
The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the GTC regarding the obligation to pay the purchase price of the goods in advance.
In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods.
In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the Order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
The Buyer may use gift and discount vouchers (hereinafter and collectively referred to as Discounts) provided by the Seller for goods. These Discounts are valid for 1 year from the date of issue. The discount can be applied only once. Only one gift voucher can be applied per purchase, the unused value of the gift voucher is not returned to the Buyer. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.
If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer regarding payments made on the basis of the Purchase Agreement, which shall be delivered to the Buyer together with the goods, or also electronically. The Seller is a payer of value added tax.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the supply of goods that have been modified according to the Buyer's wishes or for his person, from the Purchase Agreement for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from the Purchase Agreement for the supply of goods in a sealed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from the Purchase Agreement for the supply of audio or video recordings or computer programs if their original packaging has been damaged.
Unless it is a case specified in Article 5.1 or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract, in accordance with the provisions of Section 1829, paragraph 1, of the Civil Code, within 14 (fourteen) days from the date of receipt of the goods, and if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. Given the nature of the goods (especially porcelain), the Buyer is obliged to check the goods after their delivery by a third party (contractual carrier). In the event that the delivered goods are damaged, the Buyer is obliged to follow the complaints and transport regulations of the contractual carrier, in particular to obtain the relevant documentation. The Buyer shall send the obtained documentation in accordance with Article 6, paragraph 6.5 of these GTC immediately, but no later than within 2 days to the Applicant's email address: info@ditap.cz , stating the original order number in the subject line. This does not affect the deadline pursuant to Section 1829, paragraph 1, of the Civil Code.
To withdraw from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which is an annex to the GTC. Withdrawal from the Purchase Agreement The Buyer may send, among other things, to the Seller's business address or to the Seller's e-mail address info@ditap.cz .
In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the GTC, the Purchase Agreement shall be cancelled from the beginning. The goods must be returned to the Seller within 14 (fourteen) days of withdrawal from the contract to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs associated with returning the goods to the Seller, even in the event that the goods cannot be returned by regular mail due to their nature.
In the event of withdrawal from the contract pursuant to Article 5.2 of the GTC, the Seller shall return the funds received from the Buyer within 14 (fourteen) days of the Buyer's withdrawal from the Purchase Contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the Buyer's return of the goods or in another manner, if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to him.
The Seller is entitled to unilaterally offset the claim for compensation for damage incurred to the goods against the Buyer's claim for a refund of the purchase price.
Until the Buyer takes over the goods, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such case, the Seller will return the purchase price to the Buyer without undue delay, by bank transfer to the account designated by the Buyer.
If a gift is provided to the Buyer together with the goods, the gift Purchase Agreement between the Seller and the Buyer is concluded with a termination condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such a gift loses its effectiveness and the Buyer is obliged to return the gift provided to the Seller together with the goods.

6. GOODS AND THEIR PROPERTIES

The seller is not the manufacturer of the goods.
Manual procedures are also used in the production of the goods offered by the Seller, so the actual appearance may differ slightly from the display on the Web interface.
Maintenance of goods:
a) Porcelain with a gold and platinum pattern: not intended for use in the dishwasher or microwave; using aggressive or abrasive detergents may cause it to be destroyed or damaged, or significant changes in the color (color decor) of the goods.
b) Other porcelain: it can be used in a microwave oven and washed in a dishwasher without the use of aggressive detergents. Due to the technology of applying the pattern to the glaze, a slight change in color (color decor) may occur depending on the number of washing cycles.
c) Porcelain jewelry: contact with water, cosmetics, cleaning products, chemicals and other aggressive or abrasive agents that can damage the jewelry, disrupt the surface finish, change the color or other artistic decoration of the jewelry is not recommended.
d) Textiles: care instructions are on the label.

7. TRANSPORTATION AND DELIVERY OF GOODS

The Seller uses third-party transportation services as standard (hereinafter referred to as the " Carrier "). The method of delivery is also determined by the contractual terms and conditions of the specific Carrier.
If the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport, including any extension of the delivery date of the goods.
If the Seller is obliged under the Purchase Agreement to deliver the goods to the location specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
If, for reasons on the Buyer's part, it is necessary to deliver the goods repeatedly or in a different manner than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
When accepting the goods from the Carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the Carrier (confirm on the driver's waybill). If damage to the packaging is found indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the Carrier.
The Seller shall dispatch (hand over to the Contractual Carrier) the ordered goods that are in the Seller's stock within 7 working days from the date of receipt of a complete and correct binding Order. Goods that the Buyer orders bindingly and that are not in the Seller's stock will be delivered to the Buyer within an individually agreed period. The Buyer may agree on an individual delivery period and delivery conditions at the Seller's registered office, see Article 12, paragraph 12.5 of these GTC.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer received the goods:
1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of their advertising,
2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used,
3. the goods correspond in quality or design to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
4. the goods are in the appropriate quantity, measure or weight and
5. the goods comply with the requirements of legal regulations.
The provisions set out in Article 7.2 of the GTC do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.
If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
The Buyer shall exercise rights arising from defective performance (complaints) primarily electronically at the following address: info@ditap.cz , or at the Seller's premises, if established by the Seller, where the complaint can be accepted with regard to the range of goods sold, or at the registered office or place of business. The method of acceptance of the complained goods by the Seller will be determined in agreement with the Buyer.
If the Buyer exercises the right arising from defective performance, the Seller shall confirm in writing without undue delay when the right was exercised, as well as the implementation of the repair and its duration.
Other rights and obligations of the parties related to the Seller's liability for defects are governed by generally binding legal regulations.

9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

The buyer acquires ownership of the goods by paying the full purchase price of the goods.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.
The Seller provides out-of-court settlement of consumer complaints via an electronic address info@ditap.cz . Information about the settlement of the Buyer's complaint will be sent by the Seller to the Buyer's electronic address. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: http://www.coi.cz .
The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

10. PROTECTION OF PERSONAL DATA

The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and e-mail address (hereinafter collectively referred to as " personal data ").
The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining a user account. Unless the Buyer chooses another option, he agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in full pursuant to this article is not a condition that would in itself prevent the conclusion of the Purchase Agreement.
The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an Order from the Store's Web interface) correctly and truthfully and that he is obliged to inform the Seller of any changes to his personal data without undue delay.
The Seller may entrust the processing of the Buyer's personal data to a third party as a processor. Apart from persons transporting the goods, the Seller will not transfer personal data to third parties without the Buyer's prior consent.
Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The Buyer confirms that the personal data provided is accurate and that he/she has been informed that the provision of personal data is voluntary.
If the Buyer believes that the Seller or the processor (Article 9.5) is processing his personal data in a manner that is contrary to the protection of the Buyer's private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, he may:
1. ask the Seller or processor for an explanation,
2. require the Seller or processor to eliminate the resulting condition.
If the Buyer requests information about the processing of his personal data, the Seller is obliged to provide him with this information. The Seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.

11. SENDING COMMERCIAL COMMUNICATIONS AND SAVING COOKIES

The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.
The Buyer agrees to the storage of cookies on his computer. In the event that the purchase on the Website can be made and the Seller's obligations under the Purchase Agreement fulfilled without the storage of cookies on the Buyer's computer, the Buyer may revoke the consent in accordance with the previous sentence at any time.

12. DELIVERY

It can be delivered to the Buyer at the Buyer's electronic address.

13. EET

According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, no later than within 48 hours.

14. FINAL PROVISIONS

If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The purchase contract, including the GTC, is archived by the Seller in electronic form and is not freely accessible.
The appendix to the GTC consists of a sample form for withdrawal from the Purchase Agreement .
Seller's contact details:
1. Correspondence address: Dita P. sro, with registered office at U Uranie 1413/6, Prague 7,
2. email address: info@ditap.cz ,
3. phone: +420 702 936 576