General Business Terms and Conditions
A. Introductory Provisions
- hese General Business Terms and Conditions govern the purchases of goods and services made via the e-shop located at the website https://www.littlesquare.eu, which is operated by SHIBALL & PRATZANT, s.r.o., a Czech limited liability company with registered offices at Radlická 3301/68, 150 00 Praha 5, Česká republika, Business ID no.: 02610973, VAT Tax No.: CZ02610973, registered in the Commercial Register maintained by the Municipal court in Prague under file number C 221 510 (“Seller”).
- These Terms and Conditions provide for inter alia the rights and obligations of both the Seller (as defined below) and the Buyer (as defined below) in relation to transactions concluded via the Website, or any transactions related thereto.
- All rights and obligations provided for herein shall be governed by the laws of the Czech Republic.
- The Website is intended exclusively for use by professionals in their professional capacity in the ordinary course of their business, and therefore, it is prohibited for anyone to use the Website in consumer capacity. By using the Website, any attendee warrants and declares, that the attendee is doing so as a business entity, in its professional capacity and in its ordinary course of their business. No use of the Website by any other party or any party not acting in its business capacity and in its ordinary course of business shall result in creation of a valid or binding Order or Purchase Agreement. Any Order or Purchase Agreement made by a Buyer that it not a professional in their professional capacity in the ordinary course of its business bay be withdrawn from by the Seller at any point of time.
B. Definition of Basic Terms
Website means the internet shop operated by the Seller at the website https://www.littlesquare.eu
Purchase Agreement means either an agreement for the purchase of goods or an agreement for the provision of services.
Buyer means any person using the Website to purchase the Seller’s Goods and/or Services.
Terms and Conditions means these General Business Terms and Conditions, as amended from time to time, as published at the Website on the day an Order is placed via the Website.
Order means an order placed by the Buyer via the Seller’s Website.
Voucher means a PDF file that the Buyer shall use as the entry ticket for the purchased Service or authorising the Buyer to collect the ordered Goods.
Services means any of the services offered via the Website and which the Seller provides to the Buyer on the basis of an Order.
Goods means any tangible movable items offered for sale via the Seller’s E-Website, which the Seller sells to the Buyer on the basis of an Order.
C. Purchase Agreement
- The Seller advertises its Goods and Services at the Website. Such advertising represents an invitation to treat, and shall not amount to a binding offer made to the Buyer. A Purchase Agreement shall be concluded at the time when: (i) the Buyer submits an Order via the Website, (ii) the Buyer makes a payment for the relevant Order on the basis of payment details provided by the Seller via the Website, (iii) the payment is credited to the bank account of the Seller, and (iv) the Seller confirms acceptance of such Order. The Purchase Agreement may be modified or cancelled only on the basis of a mutual agreement between both parties or for legal reasons.
- The Buyer agrees that remote communication shall be used in relation to the Purchase Agreement. The costs incurred by the Buyer for using any means of remote communication associated with entering into the Purchase Agreement (namely the cost of an internet connection and the cost of phone calls) shall be borne by the Buyer.
- All of the presentations of the Goods and Services published in the Website are for informational purposes only and the Seller is not obliged to enter into a Purchase Agreement for any Goods or Services. The provisions of Section 1732 (2) of the Civil Code are hereby excluded.
Every Purchase Agreement includes, by way of reference, the provisions of these Terms and Conditions. Prior to conclusion of a Purchase Agreement, the Buyer, by making an Order, undertakes to comply with these Terms and Conditions. By confirming and submitting the Order, the Buyer declares that he is familiar with the Terms and Conditions and shall comply with them.
D. Rights Associated with Defective Performance
- The rights and obligations of the contracting parties associated with defective performance are governed by the relevant generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, Sections 2009 to 21117, and Section 2161 to 2174 of the Civil Code).
- As any Goods or Services are to be defined by the Buyer in an Order, the Seller is only liable to the Buyer for any deviation of the Goods or Services from the characteristics defined in the Order at the time it is handed over. Besides that, the Seller is liable to the Buyer only for the following at the time that the Buyer takes over the item: (i) that the Goods are provided in the appropriate quantity, size, and/or weight, and (ii) that the Goods are in compliance with the requirements laid down in generally binding legal regulations.
- If the Goods do not have the characteristics specified above, the Buyer has the right to request the delivery of a new defect-free item, under the condition that this expectation is reasonable taking into account the nature of the defect. However, if the defect is associated with only one component of an item, the Buyer has the right to request the replacement of only this component. If this is not possible, the Buyer has the right to withdraw from the Purchase Agreement. If, however, taking into account the nature of the defect, this is not reasonable, particularly if the defect can be removed without any undue delay, the Buyer has the right to the removal of the defect free of charge. The Buyer has the right to a new item or to the replacement of a single component, even in the case of a removable defect, if the item cannot be properly used due to the repeated occurrence of the defect after it has already been previously repaired or if there are multiple defects. In these situations, the Buyer also has the right to withdraw from the Purchase Agreement.
- The Buyer must notify the Seller of any defects without undue delay following the time when such defects could, or should, have been discovered, otherwise its claims based upon such defect shall cease to exist.
- The Buyer has the right to a reasonable discount in the event that the Seller is not able to deliver a new defect-free item, to replace a component, or to repair the item, as well as in the event that that the Seller does not correct the defect within a reasonable period of time or if the Buyer would experience significant difficulties as a result of the arrangements for the repair.
- The Buyer shall exercise the rights associated with defective performance at the Seller’s registered offices.
- If the Buyer exercises the rights associated with defective performance, the Seller shall confirm the date on which this right is exercised as well as the repairs that are made and the elapsed time in writing (using the Official Complaint Form that can be found at the Website ). The Official Complaint Form will be issued and given to the Buyer at the time the item is taken over for complaint processing. If it is possible to submit a complaint about the item via the internet, the Official Complaint Form will be sent to the Buyer’s e-mail.
E. Order Cancellation
- The Seller reserves the right to refuse to accept or to cancel an Order or a part of an Order at any time.
- If any portion of the purchase price or any part thereof has already been paid prior to cancellation of an Order, or refusal to accept an Order, such amount shall be refunded to the bank account it was made from, following deduction of reasonable costs and expenses related to any of the activities the Seller performed in relation to such Order prior to its cancellation or refusal to accept it, especially, if the Seller communicated with the Buyer in relation to clarifying of the requirements made in an Order.
F. Purchase Price and Reservation of Ownership Rights
- The price of the Goods and Services, inclusive of VAT, is always specified at the Website. The price of the Goods and Services specified at the Website on the day the Order is placed shall determine the final price of the Goods for the final Buyer. In accordance with Section 2132 of the Civil Code, the Buyer acquires the ownership rights to the delivered Goods or to benefits of any provided Service only after the purchase price for the Goods or Services has been paid in full.
G. Payment Terms
- The Seller reserves the right to change the price of the Goods and Services. The price valid at the time the Order is placed (i.e. the current price specified at that time at the Website) remains valid until such time that the Purchase Agreement is made. The Buyer (final Buyer) is obliged to pay the purchase price for the Goods by no later than the day on which the Goods are taken over.
H. Payment Methods
- The payment methods accepted by the Seller are as follows:
- payment by bank transfer; or
- payment via card payment system Stripe
I. Delivery Terms
- The Goods will be delivered according to the availability of the product and the Seller’s operational abilities within the shortest possible timeframe, generally within 10 (ten) working days following conclusion of the Purchase Agreement. If the Service or Goods are paid for by means of an electronic funds transfer, a Voucher will be delivered to the Buyer’s e-mail as specified in the Order.
- The delivery location is specified in the Order, which must be in the territory of [Czech Republic / European Union excluding overseas areas]. The delivery will be considered to have been completed at the time the goods are delivered to the address specified in the Order. The Seller will ensure delivery to the specified address. The shipment containing the goods generally includes a delivery list, instructions for using the product in Czech, and a warranty certificate (if one is included with the product by the manufacturer). The tax document (invoice) is sent to the e-mail specified in the Order.
- The packing and shipping costs are fully borne by the Buyer. The prices for transport are specified inclusive of VAT.
J. Personal Data Protection
- The personal data of a Buyer (individual) and any individuals representing a Buyer (legal entity) are stored in accordance with the valid legislation of the Czech Republic, namely Act No. 101/2000 Coll., on the protection of personal data, as amended.
- At the time that the persons named in the preceding paragraph enter into a Purchase Agreement, they agree that their personal data may be collected and processed in the Seller’s database. This consent may be revoked at anytime in writing.
- The personal data will be stored and collected solely for the purposes of entering into the Purchase Agreement, the delivery of the Goods and/or Services in accordance with the Purchase Agreement, the processing of complaints and any related tasks, and for the Seller’s archival purpose for maintaining information about completed sales. The data may also be used for the purpose of providing possible discounts and other benefits to the Seller’s customers.
- The customer’s personal data is fully protected against misuse. The Seller shall not provide the personal data of its customers to any third parties. The Seller may provide only the personal data that is required for the delivery of the goods to the transporter.
- Once a Purchase Agreement is made, it is archived by the Seller in electronic format and is accessible only to the Seller and to the Buyer upon request.
K. Sending of Commercial Messages and Storing Cookies
- The Buyer agrees that information regarding the Goods, Services, and the Seller’s business as well as the Seller’s commercial messages may be sent to the Seller’s e-mail.
- The Buyer agrees that cookies may be stored on their computer. If it is possible to make a purchase via the website and if the Seller is able to fulfil their obligations ensuing from the Purchase Agreement without storing cookies on the Buyer’s computer or other comparable equipment, the Buyer has the right to revoke the consent granted on the basis of the previous statement at any time.
L. Final Provisions
- All contractual relationships entered into by the Seller as the first party and the Buyer as the second party are governed by the laws of the Czech Republic, these Terms and Conditions, an any other relevant regulations of the Seller with which the applicable person has expressed their consent. Should any of the provisions of these Terms and Conditions become invalid or unenforceable, such fact shall have no effect on the validity and enforceability of the remaining provisions contained in these Terms and Conditions.
- Any disputes or claims related to the Terms and Conditions, any Order, or an Purchase Agreement, shall be decided upon exclusively by the courts of law of the Czech Republic, with jurisdiction over the area of Prague 1.
- These Terms and Conditions allow the Seller to make copies and to archive them. Immediately at the time that the Purchase Agreement is made, the Buyer accepts all of the provisions of the Terms and Conditions that are valid on the date when the Order is submitted, including the price of the ordered Good(s) and/or Services as specified in the confirmed Order, unless it has been provably agreed otherwise.