General terms and conditions

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (hereinafter the "GTC") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (Czech Republic) (hereinafter the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between the seller papelote s.r.o. (hereinafter the "seller") and another natural person (hereinafter the "buyer") through the seller's online shop (hereinafter the "purchase contract"). The online shop is operated by the seller on the website located at the domain name shop.papelote.cz, via the website interface. The buyer is advised to read the General Terms and Conditions and the Complaints Procedure before ordering goods.

I. Basic Provisions

Seller

papelote s.r.o., Company ID (IČO): 289 44 895, with its registered office at Kozí 1002/8, 110 00 Praha 1, is a company entered in the Commercial Register maintained by the Městský soud v Praze (Municipal Court in Prague), file No. C 154878, engaged in the sale of stationery products.

Buyer

The buyer is aware that the purchase of products included in the seller's commercial offer does not give the buyer any rights to use the registered trademarks, trade names, company logos or patents of the seller or of other companies, unless otherwise agreed in a specific case by a separate contract. When commencing business relations, the buyer provides the seller only with their contact details necessary for the smooth processing of the order and, where applicable, the details they wish to have stated on the invoice. Legal relations between the seller and a consumer not expressly governed by these GTC are governed by the relevant provisions of the Civil Code and by related legislation.

An individual contract between the seller and the buyer takes precedence over the terms and conditions.

II. Ordering System

Goods and services are ordered by means of an electronic order (hereinafter the "order") at shop.papelote.cz (hereinafter the "e-shop"). Orders can be placed 24 hours a day, 7 days a week.

Preparation for dispatch means the time necessary to complete all formalities connected with handing over the ordered goods to the carrier chosen by the buyer. Dispatch (of the ordered goods) then means the handover of the ordered goods by the seller to the carrier.

Goods are dispatched on working days (Monday - Friday). For dispatch on a given day, the order must be received no later than 8:00 on the day of dispatch.

All orders placed via the e-shop are binding. By placing an order, the buyer confirms that they have read these GTC and that they agree with them. The order constitutes a proposal to conclude a purchase contract. The purchase contract is concluded at the moment the order is confirmed. A condition for the validity of the order is the provision of all of the following details about the buyer: first name and surname, telephone number, e-mail address, delivery address, method of delivery, method of payment, contents of the shopping cart.

Ownership of the goods passes to the buyer at the moment the goods are taken over and the purchase price is paid.

The seller is not obliged to conclude the purchase contract, in particular if:

• the goods are no longer manufactured

• the supplier's price of the relevant goods has increased significantly

Should such a situation arise, the seller undertakes to contact the buyer without delay in order to agree on how to proceed.

If the buyer has already paid part or all of the purchase price, this amount will be transferred back to the buyer's account or address.

The buyer will receive the goods at the price valid at the time of ordering. In the case of goods that are not in stock, the seller will confirm the price and delivery date to the buyer in advance by telephone / e-mail. The seller reserves the right to change this price in view of the current market situation and depending on the development of the exchange rate of the Czech koruna against foreign currencies; however, a price change does not apply to purchase contracts already concluded.

III. Delivery Terms

Upon delivery of the purchased goods, the seller undertakes to issue an invoice containing all the required particulars of an accounting document. The seller will prepare goods in stock for dispatch no later than 72 hours after receipt of the order, otherwise in accordance with the stated delivery time of the requested item. In the case of payment by bank transfer, the goods are dispatched after this payment has been received in the seller's account (if the goods are in stock, otherwise in accordance with the stated delivery time of the relevant item). If the delivery time for selected items is longer due to the exclusivity of the product, the seller will contact the buyer without delay.

Goods are delivered according to the method chosen by the buyer in the online order; the delivery methods are:

• delivery by Zásilkovna

• delivery by GLS courier

• personal collection at the brick-and-mortar shop

The place of delivery of the goods is the delivery address or pick-up point specified by the buyer in the order.

Personal collection

Goods may be collected in person during the opening hours of the brick-and-mortar shop.

• Opening hours for personal collection: Mon-Fri 10:00-19:00, Sat 11:00-19:00.

• Telephone: +420 774 719 113

• Address of the brick-and-mortar shop: Milady Horákové 11, Praha 7

Delivery via Zásilkovna or GLS (hereinafter the "carrier"):

If the buyer is not present at the specified address, the buyer will receive a notice that the parcel has been deposited (the parcel will be held at the relevant branch of the carrier for seven days). If you do not collect the parcel within this period, the parcel is returned to the seller. For re-delivery, the seller charges postage in the same amount.

Delivery via the carrier usually takes 2 working days (from dispatch of the ordered goods) under standard carriage conditions.

Payment terms

• payment by bank transfer to account No. 290353479/0300 held with ČSOB, IBAN (CZ92 0300 0000 0002 9035 3479), BIC/SWIFT (CEKOCZPP)

• payment via an online payment gateway

Schedule of additional costs

All prices are contractual. The prices shown in the e-shop are always current and valid.

Delivery rates:

• personal collection - FREE
• Zásilkovna Czech Republic - CZK 79 / GLS Czech Republic - CZK 99

If you order goods worth CZK 900 (incl. VAT) or more, we do not charge for delivery by Zásilkovna and GLS within the Czech Republic.

• GLS Slovakia and Poland - CZK 139
• GLS Germany and Austria - CZK 159

If you order goods worth CZK 1,500 (incl. VAT) or more, we do not charge for GLS delivery within Slovakia, Poland, Germany and Austria.

We do not charge packaging or any other fees.

This price list applies to the territory of the Czech Republic, Slovakia, Poland, Germany and Austria. For other countries, the shipping price is set according to the carrier's current price list and is always updated before the order is completed.

IV. Withdrawal from the Contract

In accordance with Section 1829(1) of the Civil Code, a buyer who is a consumer has the right to withdraw from the purchase contract within fourteen (14) days of taking over the goods.

The buyer must send the withdrawal from the contract within 14 days of receiving the goods. The buyer must then send the goods back to the seller within 14 days of the withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller. The buyer is subsequently entitled to reimbursement of the delivery charge at the level of the seller's cheapest delivery option offered (CZK 79).

If the buyer decides to withdraw within this period, the following conditions must be met:

• Deliver the goods to the dispatch address (Fulfillment CZ s.r.o. (papelote s.r.o), CTPark Prague North - Úžice / Kozomín, 277 45) together with the invoice number.

• Goods sent and delivered back to the seller's address must be undamaged and complete, including accessories and all documents provided and any gifts received with the product. If damaged or incomplete goods are returned, you will be refunded the purchase price reduced by an appropriate part. Do not send the goods cash on delivery - they will not be accepted. We recommend that you insure the goods.

• If any of the above requirements is not met, the seller has the right to refuse the returned goods or to proportionately reduce the amount to be refunded to the buyer for the goods received.

• The option to withdraw from the contract does not apply to I) the supply of goods or services whose price depends on fluctuations in the financial market independent of the seller's will, II) the supply of goods modified at the buyer's request, III) the supply of consumer goods and other goods of which part of the value is consumed through use and which cannot be returned to their original condition prior to purchase.

The seller undertakes to refund the paid purchase price to the buyer no later than fourteen (14) days after the withdrawal, in the same manner in which the buyer paid the purchase price. The seller reserves the right to send the funds to the buyer's account only after the goods have been delivered back or after proof of their dispatch has been delivered.

If the buyer is no longer able to return the goods in their original condition, or their value has already been reduced (the goods have been partially consumed or worn), the buyer is obliged to compensate the missing value in money pursuant to Section 2991(1) of the Civil Code; in practice, this is done by way of set-off against the purchase price being refunded by the seller, which is therefore paid out to the consumer in a reduced amount.

V. Complaints Procedure

This Complaints Procedure is available at the seller's registered office or as part of these terms and conditions.

Complaints will be handled in accordance with the seller's Complaints Procedure and the legal order in force in the Czech Republic.

Complaints about goods may be lodged with the seller under the terms of the Complaints Procedure.

The buyer is obliged to read the Complaints Procedure and the GTC before ordering goods. By taking over the goods from the seller, the buyer agrees to the Complaints Procedure set out below.

As proof of warranty, the seller issues for each item of purchased goods a purchase document - an invoice containing all particulars of an accounting document and other details necessary to claim under the warranty (name of goods, date, price, quantity, order number).

Duration of the warranty

The warranty period begins to run on the day the buyer takes over the goods, i.e. on the date stated on the invoice. The statutory warranty period is generally 24 months.

The seller will not accept complaints about goods lodged after the expiry of the above warranty period. Within the statutory warranty period, complaints are governed by the Civil Code (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code), taking into account this Complaints Procedure. In the case of an extended period, complaints are governed exclusively by this Procedure.

Warranty conditions

The warranty conditions for the goods are governed by the seller's Complaints Procedure and the applicable legislation of the Czech Republic. The invoice serves as the warranty certificate. We ask the buyer to inspect the parcel in the presence of the carrier and, if damage to the parcel is found, to lodge a complaint directly with the carrier. The carrier will then draw up with the addressee a report on the defect found, and the parcel will be delivered back to the sender. The buyer is entitled to refuse to take over a parcel that is not in conformity with the purchase contract in that the parcel is, for example, incomplete or damaged. If the buyer takes over such a damaged parcel from the carrier, the damage must be described in the carrier's handover report.

An incomplete or damaged parcel must be reported without delay by e-mail to eshop@papelote.cz, a damage report must be drawn up with the carrier, and this report must be sent to the seller by e-mail or by post without undue delay. A subsequent complaint regarding incompleteness or external damage to the parcel gives the seller the opportunity to prove that there is no non-conformity with the purchase contract.

The buyer may send defective goods for complaint by a carrier service to the address of the business premises. The parcel should be visibly marked "REKLAMACE" (complaint) and contain: the goods complained of (including all accessories), we recommend enclosing a copy of the invoice, a detailed description of the defect and sufficient contact details of the buyer (return address, telephone number). Without the above, it is impossible to identify the origin of the goods and the defect. The buyer shall prove the validity of the warranty by presenting the invoice; if the goods have been the subject of a complaint in the past, the buyer shall also provide the complaint record. The relevant documents (invoice or complaint record) must bear the same order number.

Furthermore, the warranty does not cover damage arising:

• from careless, inappropriate or violent mechanical handling

• from use of the goods in conditions that do not correspond in terms of temperature, dust or humidity, where specified by the manufacturer

• the goods were damaged by excessive loading or by use contrary to the conditions stated in the documentation or to general principles

• the goods were damaged by natural elements or force majeure

Goods submitted for complaint will be tested only for the defect stated in writing by the buyer (in the complaint form, in the enclosed sheet describing the defect). If it is found that the cause of the problems is not the product complained of but improper handling by the buyer, the complaint will be rejected. If the buyer agrees to a paid repair, it will be charged according to the currently valid price list. The seller is liable for hidden defects of the goods that appear upon takeover by the buyer and during the warranty period.

Method of handling complaints

If the item is not in conformity with the purchase contract when taken over by the buyer (hereinafter "non-conformity with the purchase contract"), the buyer has the right to have the seller bring the item, free of charge and without undue delay, into a condition corresponding to the purchase contract, either by replacing the item or by repairing it, as requested by the buyer. If such a procedure is not possible, the buyer may demand a reasonable discount on the price or withdraw from the contract. This does not apply if the buyer knew of the non-conformity with the purchase contract before taking over the item or caused the non-conformity with the purchase contract themselves.

Non-conformity with the purchase contract that becomes apparent within six months of the date the item was taken over is deemed to be non-conformity that already existed at the time of takeover, unless this is inconsistent with the nature of the item or unless the contrary is proven. In the case of a defect that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner, and the seller is obliged to remedy the defect without undue delay. Unless this is disproportionate given the nature of the defect, the buyer may demand replacement of the item or, if the defect concerns only a part of the item, replacement of that part. If such a procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. In the case of a discount, this defect cannot later be the subject of a complaint.

In the case of a defect that cannot be remedied and that prevents the item from being properly used as an item without defects, the buyer has the right to replacement of the item or the right to withdraw from the contract. The buyer has the same rights in the case of defects that are remediable if the buyer cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In the case of other irremediable defects, and if the buyer does not demand replacement of the item, the buyer has the right to a reasonable discount on the price of the item or may withdraw from the contract. The seller handles complaints about goods without undue delay, but no later than within 30 days from the day following the day on which the buyer lodged the complaint.

After a justified complaint has been settled, the warranty period is extended by the duration of the complaint. In the case of an unjustified complaint, the warranty period is not extended. If the complaint was settled by replacement, any further complaint is considered the first complaint about the goods. (The duration of the complaint is counted from the day following its receipt until the day the complaint is settled. Not until collection by the buyer! The customer is informed of the settlement by e-mail at the address provided at the time of purchase.)

After the complaint has been settled, the seller will notify the buyer of the completion of the complaint by telephone, SMS or e-mail. If the goods were sent by a carrier service, they will be automatically sent to the buyer's address after the complaint has been settled. If the goods subject to the complaint are not collected within 60 days of the date the complaint was lodged, the seller is entitled, pursuant to Section 2608(1) in conjunction with Section 2159(2) of the Civil Code, to charge a storage fee upon release of the goods. The amount of this fee is CZK 10/day, or CZK 20/day for goods over 5 kg.

VI. Privacy Protection, Intellectual Property

The seller is obliged to handle buyers' personal data in accordance with the relevant provisions of Act No. 101/2000 Coll., on the Protection of Personal Data (Czech Republic).

The seller declares that all personal data are confidential, will be used only for the performance of the contract with the buyer and will not otherwise be published, provided to a third party, etc., except in situations related to the distribution of, or payment transactions concerning, the ordered goods (disclosure of the name and delivery address).

The buyer is obliged to notify the provider without delay of any changes to their identification, billing and contact details that could affect the performance of the purchase contract.

By concluding the purchase contract, the buyer acknowledges that the goods constitute intellectual property of the seller protected by law. The buyer is entitled to use the goods supplied by the seller for themselves or for their business partners or clients, but is not entitled to alter or supplement the goods in any way, to remove trademarks or other marks of the seller from them, or to resell them (unless it follows from the purchase contract that the goods are ordered for the purpose of resale), with the exception of modifications for the personal non-commercial needs of a buyer who is a natural person. The buyer is also not entitled to make or have made copies or imitations of the purchased goods. For each individual breach by the buyer of any of the obligations set out in this paragraph, a contractual penalty of CZK 50,000 is agreed, together with the obligation to compensate for damage and non-pecuniary harm in full (e.g. in the case of unauthorised use of the goods).

VII. Out-of-Court Dispute Resolution

The Česká obchodní inspekce (Czech Trade Inspection Authority), with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID (IČO): 000 20 869, website: https://adr.coi.cz/cs, has jurisdiction over the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase contract.

Evropské spotřebitelské centrum Česká republika (European Consumer Centre Czech Republic), with its registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out, within its competence, by the competent živnostenský úřad (Trade Licensing Office). The Česká obchodní inspekce supervises, within a defined scope, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection (Czech Republic).

VIII. Final Provisions

These GTC are valid from 1 January 2018. The seller reserves the right to amend these GTC without prior notice.

Approved on behalf of papelote s.r.o. by Denisa Havrdová.

Drawn up in accordance with Act No. 89/2012 Coll., the Civil Code (Czech Republic).