Commercial Terms

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COMMERCIAL TERMS

 

Commercial company
FOR PEOPLE, s.r.o.
registered office: Sulova 1356/5, 156 00 Prague 5 – Zbraslav,
identification number: 26478439, Tax ID No.: CZ26478439,
registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 84849
for the sale of goods through an on-line shop on website www.cotecho.cz
 

1.    Introductory Provisions 
1.1.   These Commercial Terms (hereinafter the “Commercial Terms”) of commercial company FOR PEOPLE, s.r.o., registered office: Sulova 1356/5, Prague 5 - Zbraslav, identification number: 26478439, registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 84849 (hereinafter the “Seller”) regulate, in accordance with the provisions of Section 1751, paragraph 1, Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”) the mutual rights and obligations of the Contracting Parties arising in relation to or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural person or legal entity (hereinafter the “Buyer”) via the internet shop of the Seller. The internet shop is operated by the Seller on the website located at www.cotecho.cz (hereinafter the “website”), through the website interface (hereinafter the “store web interface”).
1.2.   The Commercial Terms also relate to cases where a person who intends to purchase goods from the Seller is a legal entity or natural person, who acts in the course of his or her business activities, or in the course of his or her independent occupation when ordering the goods.
1.3.   Provisions different from the Commercial Terms can be determined in the Purchase Agreement. Divergent arrangements in the Purchase Agreement take precedence over the provisions of the Commercial Terms.
1.4.   The provisions of the Commercial Terms are an integral part of the Purchase Agreement. The Purchase Agreement and the Commercial Terms have been written in the Czech language. The Purchase Agreement can be concluded in the Czech language.
1.5.   The Seller can amend or supplement the wording of the Commercial Terms. This provision does not affect the rights and obligations arising for the duration of effect the previous wording of the Commercial Terms.
2.  User account
2.1.   The Buyer can access his or her user interface on the basis of the registration of the Buyer on the website. The Buyer can order goods from his or her user interface (hereinafter the “user account”). If the store web interface enables it, the Buyer can also order goods without registering on the store web interface.
2.2.   When registering on the website and ordering goods, the Buyer shall be obliged to provide correct and true information. The Buyer shall be obliged to update the information provided in the user account whenever it is changed. The information specified by the Buyer in the user account and when ordering goods is considered to be correct by the Seller. If the Buyer deliberately provides incorrect data and the Seller incurs damages, the Seller shall be entitled to recover the damages with the contractual assistance of a law firm and, in addition to the damages, the Seller shall be entitled to claim a contractual penalty of CZK 5,000 excluding VAT.  
2.3.   User account access is secured by a username and password. The Buyer shall be obliged to maintain confidentiality regarding the information necessary to access his or her user account.
2.4.   The Buyer shall not be obliged to allow third parties to use the user account. If an account is misused by a third party on the basis of data loss or disclosure to a third party, the Seller shall be entitled to claim damages from the Buyer to which the user account belongs.
2.5.   The Seller may terminate the user account, in particular if the Buyer has not used his or her user account for more than 2 years, or if the Buyer breaches his or her Purchase Agreement obligations (including the Commercial Terms).
2.6.   The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of third party hardware and software.
3.    Concluding a Purchase Agreement
3.1.   All presentations of goods located in the store web interface are of an informative nature and the Seller shall not be obliged to conclude a Purchase Agreement regarding these goods. The provisions of Section 1732, paragraph 2, Civil Code, shall not be used.
3.2.   The store web interface contains information about the goods, including the prices of individual goods and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal route. Prices of goods are given including value added tax, unless stated otherwise, as well as all related charges, with the exception of transport and packaging prices. Prices of goods remain valid as long as they are displayed in the store web interface. This provision does not restrict the Seller’s option to conclude a Purchase Agreement under individually negotiated conditions.
3.3.   The store web interface also contains information about costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods listed in the store web interface only applies in cases where the goods are delivered within the Czech Republic. Prices for transport and packaging for deliveries outside the Czech Republic are dealt with by an additional agreement and the contract is not valid unless the Contracting Parties agree on the price of transport and packaging.
3.3.1. When ordering goods, the Buyer shall “enter” the ordered goods into the electronic shopping cart of the web interface. The goods will move to the shopping cart, where he or she will check the goods and the number of items placed in the cart and then, by pressing the “order goods” button, the selection of the acceptance method (delivery) and then payment will appear. He or she will then fill in the invoice and delivery data in the order form in the store web interface. The order form contains information in particular about:
3.3.2. ordered goods (the Buyer “entered” the ordered goods in the electronic shopping cart of the store web interface),
3.3.3. the method of the payment of the purchase price of the goods, details of the required method of delivery of the ordered goods; and
3.3.4. information on the costs associated with the delivery of goods (hereinafter collectively the “order”).
3.4.   Before sending an order to the Seller, the Buyer will be able to check and change the data that the Buyer entered into the order, even with regard to the possibility of the Buyer to detect and correct errors made when entering data into the order. The Buyer will become familiar with the terms and conditions and confirm agreement with them. The order will be sent by the Buyer to the Seller by clicking on the "Confirm and complete order" button. The information in the order will be considered correct by the Seller. As soon as the order is received, the Seller shall immediately confirm to the Buyer that the Seller has confirmed the order by email to the Buyer’s email address specified in the user account or in the order (hereinafter the “Buyer’s email address”). After the order is checked by an e-shop employee, the person who made the order will be informed by e-mail and the user account about the acceptance of the order and subsequently about the dispatch process.
3.5.   depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller shall always be entitled to request from the Buyer an additional order confirmation (e.g. by phone or in writing).
3.6.   The contractual relationship between the Seller and the Buyer shall be established via the delivery of an order acceptance, which shall be sent by the Seller to the Buyer via email to the Buyer’s email address.
3.7.   The Buyer agrees to use remote means of communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer, and these costs do not differ from the standard rate.
4.    Price for goods and payment terms
4.1.   The price for goods and potential costs associated with the delivery of goods pursuant to the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:

cash on delivery (shipping company) at the location designated by the Buyer in the order

transfer to a bank account before delivery of goods or deferred payment (applies to legal entities or natural persons doing business who order goods repeatedly, according to previous mutual agreement).

card payment through a payment gateway installed on the web interface.

4.2.   Together with the purchase price, the Buyer shall also be obliged to pay to the Seller the costs associated with packaging and delivery of the the goods at the agreed rate. Unless expressly stated otherwise, hereinafter the purchase price also means the costs associated with the delivery of the goods.
4.3.   The Seller does not require the Buyer to pay a deposit or make a similar payment. This does not affect the provisions of Article 4.6, Commercial Terms, regarding the obligation to pay the purchase price for the goods in advance.
4.4.   In the case of cash on delivery, the purchase price shall be due upon receipt of the goods.
4.5.   The Seller shall be entitled to, in particular if the Buyer does not sufficiently confirm an order (Article 3.6), to request the payment of the entire purchase price before the goods are sent to the Buyer. The provisions of Section 2119, paragraph 1, Civil Code, shall not apply.
4.6.   Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.7.   If it is customary in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payment made on the basis of the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s email address, or in an original with the delivery of the goods.

4.8. The Buyer shall acquire ownership right to the goods when they are fully paid for.

4.9. If the Buyer is overdue in making the payment, the Seller shall be entitled to enforce a contractual penalty of CZK 5,000 or 10% of the value of the goods (whichever is higher) after the expiry of a period of thirty days after the agreed invoice due date (the agreed date is considered to be the date on the invoice which is issued for the order and was not claimed within 48 hours of receipt of goods. If there is any dispute, then a period of fourteen days from receipt of the goods is automatically considered the due date).

4.10. If the Buyer is overdue in making the payment, the Seller shall also be entitled to a contractual penalty in the amount of 0.03% for each day of being overdue, until the date when the amount was paid, including attributions.
5.    Withdrawal from the Purchase Agreement
5.1.   The Buyer acknowledges that pursuant to the provisions of Section 1837, Civil Code, it is not possible, among other things, to withdraw from a purchase agreement on the delivery of goods that were modified according to the wishes of the Buyer or for the Buyer, from a purchase agreement on the delivery of goods that are perishable, as well as goods that were irreversibly mixed with other goods after delivery, and from a purchase agreement on the delivery of goods in a sealed package which the consumer has removed from the package and it cannot be returned due to hygiene reasons.
5.2.   If this does not concern the cases specified in Article 5.1 or another case wherein it is not possible to withdraw from the Purchase Agreement, in accordance with the provisions of Section 1829, paragraph 1, Civil Code, the Buyer shall be entitled to withdraw from the Purchase Agreement within fourteen (14) days from the takeover of the goods, and if the subject of the Purchase Agreement is several types of goods or delivery of several parts, this period shall commence from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the time limit specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the Seller’s standard form, which is an annex to the Commercial Terms. Among other things, the Buyer may send the withdrawal from the Purchase Agreement to the address of the Seller’s premises or the Seller’s e-mail address. This paragraph is only valid for non-self-employed natural persons. This paragraph does not apply to legal entities or natural persons doing business.
5.3.   In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2, Commercial Terms, the Purchase Agreement shall be cancelled from its inception. The goods must be returned to the Seller within fourteen (14) days from withdrawal from the Agreement by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4.   In the event of withdrawal from the Agreement pursuant to Article 5.2, Commercial Terms, the Seller shall return the funds received from the Buyer within fourteen (14) days from withdrawal from the Purchase Agreement by the Buyer, in the same way as the Seller received them from the Buyer. The Seller shall also be entitled to return the fulfilment provided by the Buyer during the return of the goods by the Buyer, or in a different manner if the Buyer agrees therewith and the Buyer does not incur other costs in this way. If the Buyer withdraws from the Purchase Agreement, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods were sent to the Seller. If the Seller offers several options under a particular method of delivery of the goods, the Seller shall be obliged to replace the cheapest of them for the Buyer.
5.5.   The Seller shall be entitled to unilaterally offset a claim for damages to the goods against the Buyer’s claim for a refund of the purchase price.
5.6.   Until the takeover of goods by the Buyer, the Seller shall be entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller shall refund the already paid purchase price to the Buyer without undue delay, via bank transfer to the account specified by the Buyer and no later than 7 days after the delivery of the withdrawal from the Agreement.
5.7.   If a gift is provided to the Buyer together with the goods, a donation agreement between the Seller and the Buyer shall be concluded with a condition subsequent that if the Buyer withdraws from the Purchase Agreement, the donation agreement for such gift shall expire and the Buyer shall be required to return the gift together with the goods to the Seller.
6.    Transport and delivery of goods
6.1.   If the mode of transport is agreed on the basis of a specific requirement of the Buyer, the Buyer bears the risk and any additional costs associated with such a mode of transport.
6.2.   If the Seller is obliged to deliver goods to the location determined by the Buyer in the order pursuant to the Purchase Agreement, the Buyer shall be obliged to take over the goods upon their delivery.
6.3.   In the event that the goods need to be delivered repeatedly or in a manner other than that specified in the order for reasons on the part of the Buyer, the Buyer shall be obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with other delivery methods.
6.4.   Upon receipt of the goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier thereof. In the event of a breach of the packaging giving evidence of unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.
6.5.   Other rights and obligations of the Parties in the transport of goods may be regulated by special delivery terms of the Seller, if they are issued by the Seller.
6.6.  Goods are usually shipped within 3 business days from when an order is placed; in other cases, we will inform you by phone or e-mail.

6.7. The doorstep (so-called door) of the Buyer’s address is considered as the handover point. If the Buyer requests delivery beyond the door, then this must be contractually agreed.

7.    Rights from defective fulfilment
7.1.   The rights and obligations the Contracting Parties regarding rights from defective fulfilment are governed by the relevant generally binding legal regulations (in particular the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174, Civil Code).
7.2.   The Seller shall be responsible to the Buyer that the goods are not defective when they are delivered. In particular, the Seller shall be responsible to the Buyer for the following when the Buyer receives the goods:
7.2.1. the goods have the properties that the Parties have agreed on, and if arrangements are missing, then the goods have such properties that the Seller or manufacturer described  or that the Buyer expected with regard to the nature of the goods and on the basis of their advertisements,
7.2.2. that the goods are suitable for the purpose that the Seller specifies for their use, or that for which goods of this type are normally used,
7.2.3. the goods are of the quality or design of the agreed  sample or template if the quality or design has been determined according to the agreed sample or template,
7.2.4. the goods are in the appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal regulations.
7.3.   The provisions specified in Article 7.2, Commercial Terms, shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to depreciation of the goods caused by their normal use, and for used goods for a defect corresponding to the level of use or depreciation that the goods had when they were received by the Buyer, or if this arises from the nature of the goods.
7.4.a   If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The Buyer shall be entitled to claim the defect that occurs for consumer goods within 24 months of receipt. This paragraph is only valid for natural persons, consumers.

7.4.b If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The Buyer shall be entitled to claim the defect that occurs for consumer goods within 12 months of receipt. This paragraph is only valid for legal entities and natural persons doing business.
7.5.   The Buyer shall exercise rights from defective fulfilment with the Seller at the address of its premises, where a claim can be received with regard to the range of the sold goods, or at the registered office or place of business. The moment when a claim is exercised is considered the moment when the Seller received the claimed goods from the Buyer.
7.6.   Other rights and obligations of the Parties associated with the responsibility of the Seller for defects may be regulated by the Claims Procedure of the Seller.
8.    Other rights and obligations of the Contracting Parties
8.1.   The Buyer shall acquire ownership to the goods by paying the entire purchase price for the goods.
8.2.   In relation to the Buyer, the Seller is not bound by any codes of conduct pursuant to the provisions of Section 1826, paragraph 1, letter e), Civil Code.
8.3.   The Seller provides out-of-court handling of consumer complaints via electronic address info@cotecho.com. The Seller shall send information on the handling of the claims of the Buyer to the Buyer’s email address.
8.4.       Out-of-court handling of consumer complaints from the Purchase Agreement shall be handled by the Czech Trade Inspection, registered office: Štìpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, internet address: http://www.coi.cz. The platform for resolving disputes on-line found at internet address http://ec.europa.eu/consumers/odr can be used when resolving disputes between the Seller and the Buyer from the Purchase Agreement.
8.5.       The European Consumer Centre Czech Republic, registered office: Štìpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
8.6.   The Seller shall be entitled to sell goods on the basis of a trade license. Trade control is carried out by the appropriate trade licensing office within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, to a limited extent, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7.   The Buyer hereby assumes the risk of changing circumstances pursuant to Section 1765, paragraph 2, Civil Code.
9.  Protection of personal data
9.1.   The Seller fulfils its information obligation toward the Buyer pursuant to Article 13, Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on the Protection of Personal Data) (hereinafter the “GDPR”) associated with the processing of the personal data of the Buyer for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiations on this Agreement and for the purposes of the fulfilment of the public obligations the Seller via a special document: Information on Personal Data Processing.
10. Sending business communications and storing cookies
10.1. The Seller fulfils its information obligation toward the Buyer through a special document pursuant to Article 13, GDPR, associated with processing the personal data of the Buyer for the purposes of sending business communications.
10.2. The Buyer agrees with the storage of cookies on his or her computer. If it is possible to make a purchase on the website and fulfil the Seller’s obligations under the Purchase Agreement without storing cookies on the Buyer’s computer, the Buyer may at any time revoke the consent under the previous sentence.
11. Delivery
11.1. Deliveries may be made to the Buyer to the Buyer’s email address.
12. Closing Provisions
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the Parties agree that the relationship is governed by Czech law. This is does not affect consumer rights arising from generally binding legal regulations.
12.2. If any of the provisions of the Commercial Terms are invalid or ineffective, or become invalid or ineffective, such provisions shall be replaced by provisions whose purpose is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The Purchase Agreement, including the Commercial Terms, is archived by the Seller in electronic form and is not accessible.
12.4. An annex to the Commercial Terms is a Sample Form for Withdrawal from the Purchase Agreement.
12.5. The EU online dispute resolution portal can be used to resolve disputes 
12.6. Contact information for the Seller: delivery address: FOR PEOPLE, s.r.o., Sulova 1356/5, 156 00 Prague 5 - Zbraslav, email address info@cotecho.com, tel./fax:+420 257217 535.
 
In Prague, on 25 September 2019  
 
 
           
 
Annex: Sample Form for Withdrawal from the Purchase Agreement
  

Sample Form
Notification of Withdrawal from the Purchase Agreement

 

Consumer:

name and surname:
address:
telephone:
e-mail:
 
Addressee:
FOR PEOPLE, s.r.o.
Sulova 1356/4, 156 00 Prague 5, Zbraslav
Company ID No.: 26478439, Tax ID No.: CZ26478439
e-mail: info@cotecho.com
 
Re: Notification of Withdrawal from the Purchase Agreement
 
Dear Sir or Madam,
on ………… I concluded a Purchase Agreement with you via your eshop www.cotecho.cz, the subject of which was the delivery of goods, type of goods, brand, code (goods identification)…………………………………………………………………….
…………………………………………………………………………………………………………………..
Order no: ……………………………………………
Sales Document Number:……………………………………………………….
I received these goods on ………………………………………
Given that the Agreement was concluded via the Internet, i.e. a typical means of remote communication, I have decided to exercise my right pursuant to the provisions of Section 1829, paragraph 1, in connection with Section 1818, Act No. 89/2012 Coll., Civil Code, as amended, and I hereby inform you that I am withdrawing from the aforementioned Purchase Agreement.
 
I agree with the refund of the purchase price:
 
via a bank transfer to bank account no:................................................ / ........................
 
 
 
Sincerely,
 
 
Signature of the consumer(s):
..............................................
In……….......…... on…………….
 
Annexes:
Proof of purchase