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(The translation of this page is only indicative and if the translation causes any inaccuracy or small deviation, no claim arises. The text of this page written in the Czech language is important and decisive. The inaccuracy and deviation were not caused intentionally, only the translation of the terms through a translator. We apologize for that .In any case, we are at your disposal for answers to questions or ambiguities either through our contact form or on our contacts).

Online store

Pavel Čermák – Cervík Pája

operated at the internet address www.cervik-paja.eu,

through the web interface.

Valid from 21.3.2024 until the publication and publication of new terms and conditions at www.cervik-paja.eu..

I. Introductory Provisions

1.1  These general terms and conditions (hereinafter referred to as "terms and conditions") of the online store

Pavel Čermák – Červík Pája (www.cervik-paja.eu), with registered office: Pod větrákem 926, 27101 Nové Strašecí, data box no. t43vyg2, identification number: 61074195, registered in the business register kept at the Ministry of the Interior in Rakovník under no.j . žú/421/2015/3 (hereinafter referred to as "the seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code", mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller at the Internet address www. cervik-paja.eu, through the web interface (hereinafter referred to as the "shop web interface").

1.2 The business conditions further regulate the rights and obligations of the contracting parties when using the seller's website located at: www.cervik-paja.eu (hereinafter referred to as the "website") and other related legal relationships.

1.3 Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5 The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

1.6 The online shop Červík Pája is focused on machine embroidery and therefore mainly on textile products on which embroidery is applied directly or indirectly.

II. User account

2.1  Based on the registration of the buyer on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). The buyer can also order without registration directly from the web interface.

2.2 When registering on the website and when ordering goods, the buyer is obliged to enter all information correctly and truthfully. The buyer is obliged to update the data listed in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3  Access to the user account is secured by a username and password. The buyer is obliged to maintain the confidentiality of the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer's breach of this responsibility.

2.4  The buyer is not authorized to allow the use of the user account by third parties.

2.5 The seller can cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer has breached his obligations under the purchase contract (including the terms and conditions).

2.6 The buyer acknowledges that the user account may not be available 24/7, in particular due to the necessary maintenance of third-party hardware and software equipment.

III. Conclusion of the purchase contract

3.1 The web interface of the store contains a list of goods offered for sale, including the prices of individual goods offered. The prices of the offered goods are listed inclusive of value added tax and all related charges, except for shipping prices and costs for payment of the purchase price, which are listed separately. The offer for sale of goods and the prices of these goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase contract for these goods.

3.2 The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods, this information only applies in cases where the goods are delivered within the territory of the Czech Republic, unless otherwise stated here.

3.3 To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

- ordered goods (the buyer "puts" the ordered goods into the electronic shopping cart of the store's web interface);
- method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods;
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

​​​3.4 Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer 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 "COMPLETE ORDER" button. The data listed in the order they are deemed 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 interface or in the order (hereinafter referred to as the "buyer's e-mail address").

3.5 The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

3.6 The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

3.7 The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including the terms and conditions).

3.8  The buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself.

IV. Product price and payment terms

4.1 The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:

- cash on delivery at the place specified by the buyer in the order;
- in cash at the seller's office at the address: Pod Větrákem 926, 27101 Nové Strašecí, only after prior agreement with the seller;
- by non-cash transfer to the seller's account No. 3014318013/3030 held at Air bank a.s.;
- payment method Paypal.
4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods or services. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3 In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase contract.

4.4  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 when the relevant amount is credited to the seller's account.

4.5 The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.5), to demand payment of the entire purchase price before sending the goods to the buyer.

4.6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.7  If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document - the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

V.  Withdrawal from Purchase Agreement

5.1 The buyer acknowledges that according to §1837 paragraph d) of Act No. 89/2012 Coll. of the Civil Code, as amended (hereinafter referred to as the Civil Code), among other things, it is not possible to withdraw from a purchase contract for the supply of goods manufactured according to the consumer's requirements or adapted to his personal needs, as well as goods that are subject to rapid deterioration, wear or obsolescence, from the purchase contract for the supply of audio and video recordings and computer programs, if the consumer has violated their original packaging, and from the purchase contract for the supply of newspapers, periodicals and magazines.

5.2 If it is not a case mentioned 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 §1829 paragraph 1 of the Civil Code within 14 days of taking over goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within 14 days of taking over the goods, to the address of the seller's place of business or to the seller's e-mail address (cervik@cervik-paja.eu).

5.3 In the event of withdrawal from the contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller no later than 14 days after the date of withdrawal from this contract. In this way, the right to compensation for any damage caused by breach of duty is not affected. The buyer sends the goods back or delivers them to the address:

- Pavel Čermák – Červík Pája, Pod Větrákem 926, 27101 Nové Strašecí.

The deadline is considered to have been met if the buyer sends the goods back to the seller before the expiry of 14 days.

5.4 The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging. The buyer is only responsible for the reduction in the value of the goods as a result of handling the goods in a way other than what is necessary to become familiar with the nature and properties of the goods, including their functionality.

5.5 The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller has a claim against the buyer for compensation for the resulting damage. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the buyer's claim for a refund of the purchase price.

5.6  The buyer acknowledges that he will bear the direct costs associated with returning the goods.

5.7 In the event of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will without undue delay return the purchase price received from the seller in connection with this contract, including delivery costs (except for additional costs incurred as a result of the buyer's choice of a delivery method other than the cheapest standard delivery method offered by the seller). For refunds, the seller will use the same means of payment that the buyer used to make the initial transaction, unless the buyer has expressly specified otherwise. In no case will the buyer incur additional costs. The seller will refund the payment only after receiving the returned goods or if the buyer proves that he sent the goods back, whichever occurs first.

VI. Transport and delivery of goods

6.1 The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. In the event that a mode of transport is contracted based on the buyer's request, the buyer bears the risk and any additional costs associated with that mode of transport.

6.2  If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer repeatedly does not take over the goods upon delivery, the seller is entitled to withdraw from the purchase contract.

6.3 In the event that, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.

6.4 When taking over 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, notify the carrier immediately. In the case of finding a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By taking over the shipment from the carrier, the buyer confirms that the shipment of goods met all conditions and requirements and that any later claim regarding damage to the package of the shipment cannot be taken into account.

6.5 Other rights and obligations of the parties during the transportation of goods may be regulated by the seller's terms of delivery.

6.6  The costs of delivery of goods or services are published on the seller's online store at:  www.cervik-paja.eu/delivery.

VII. Legal liability for defects

7.1 The rights and obligations of the contracting parties regarding the quality guarantee and legal liability for the seller's defects are governed by generally binding regulations (in particular, the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended) (hereinafter referred to as "Complaints").

7.2 The seller is responsible to the buyer for the fact that the item being sold is in accordance with the purchase contract and, in particular, that the item is free of defects upon acceptance. Conformity with the purchase contract means that the thing being sold has the quality and useful properties required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of the advertising carried out by them, or the quality and useful properties usual for a thing of this kind, that it corresponds to the requirements of legal regulations , is in the corresponding amount, measure or weight and corresponds to the purpose that the seller states for the use of the thing or for which the thing is usually used.

7.3  If a defect becomes apparent within 12 months of receipt, it is considered that the item was already defective upon receipt, unless this contradicts the nature of the item or unless the contrary is proven.

7.4 In the event that the item upon acceptance by the buyer does not comply with the purchase contract (hereinafter referred to as "contradiction with the purchase contract"), the buyer has the right to have the seller remove the defect free of charge and without undue delay, either by replacing the item at the buyer's request or its repair. If such a procedure is not possible, the buyer can demand a reasonable discount from the price of the item or withdraw from the contract. This does not apply if the buyer knew about the violation of the purchase contract before taking over the item or caused the violation of the purchase contract himself.

7.5  If it is not a perishable item or a used item, the buyer is entitled to exercise the right from a defect that occurs in the consumer goods within a period of 24 months from receipt (hereinafter referred to as the "warranty period").

7.6 The item's defect is not the wear of the item caused by its usual use or, in the case of a used item, wear corresponding to the extent of its previous use.

7.7 The rights of the buyer resulting from the seller's liability for defects, including the warranty period of the seller's responsibility, are exercised by the buyer with the seller:

- at his business address:
      Pavel Čermák – Červík Pája, Pod Větrákem 926, 27101 Nové Strašecí,

- by phone at the number:
      +420 777 909 980

- to the e-mail address:
      reklamace@cervik-paja.cz

7.8   The complaint, including the removal of the defect, must be handled and the buyer must be informed about it no later than thirty (30) days from the date of the claim, unless the seller and the buyer agree on a longer period.

7.9 The buyer may withdraw from the purchase contract or request a reasonable discount after the time limit according to Article 7.8 of the terms and conditions expires in vain.

7.10 The seller is obliged to issue to the buyer a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

VIII. Other rights and obligations of the contracting parties

8.1  The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2  The buyer acknowledges that the software and other components making up the web interface of the store (including photos of the offered goods) are protected by copyright.

8.3  The buyer undertakes not to perform any activity that could enable him or third parties to tamper with or use the software or other components making up the store's web interface.

8.4  The buyer is not authorized to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative effect on the operation of the web interface of the store. The web interface of the store can only be used to the extent that it does not affect the rights of other customers of the seller and that is in accordance with its purpose.

8.5 The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to its intended purpose.

8.6 In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of the provisions of Regulation of the European Parliament and of the EU Council 2016/679 (§ 1820 paragraph 1 letter n of the Civil Code).

8.7 The seller handles consumer complaints via e-mail. Complaints can be sent to the seller's email address. The seller will send information about handling the buyer's complaint to the buyer's email address. Other rules for dealing with complaints are not set by the seller.

8.8 Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

8.9 The European Consumer Center Czech Republic, with registered office Štěpánská 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 online consumer dispute resolution).

8.10 The buyer may file a complaint with a supervisory or state supervisory authority. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.

IX Protection of personal data

9.1 Your obligation to provide information to the buyer in accordance with Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller's public obligations is fulfilled by the seller by means of a special document.

In Nové Strašecí 21.3.2024

X.  Appendices

10.1 Appendix: Instructions on the right to withdraw from the contract

Internetového obchodu

Pavel Čermák – Červík Pája

provozovaného na internetové adrese www.cervik-paja.eu,

a to prostřednictvím webového rozhraní,

dle Nařízení vlády č. 363/2013 Sb. - nařízení vlády o vzorovém poučení o právu na odstoupení od smluv uzavřených distančním způsobem nebo mimo obchodní prostory a vzorovém formuláři pro odstoupení od těchto smluv, ve znění pozdějších předpisů.

1. Právo odstoupit od smlouvy
   1. Do 14 dnů máte právo odstoupit od této smlouvy bez udání důvodu.
   2. Máte právo odstoupit od smlouvy bez udání důvodu ve lhůtě 14 dnů ode dne následujícího po dni, kdy Vy nebo Vámi určená třetí osoba (jiná než dopravce) převezmete zboží.
   3. Pro účely uplatnění práva na odstoupení od smlouvy musíte o svém odstoupení od této smlouvy informovat :

Pavel Čermák – Červík Pája (www.cervik-paja.eu),

se sídlem: Pod větrákem 926, 27101 Nové Strašecí,

tel. +420_777909980,

 e-mail: cervik@cervik-paja.eu

formou jednostranného právního jednání (například dopisem zaslaným prostřednictvím provozovatele poštovních služeb, faxem nebo e-mailem). Můžete použít přiložený vzorový formulář pro odstoupení od smlouvy, není to však Vaší povinností.

1. Aby byla dodržena lhůta pro odstoupení od této smlouvy, postačuje odeslat odstoupení od smlouvy před uplynutím příslušné lhůty.
2. Důsledky odstoupení od smlouvy a převzetí zboží
   1. Pokud odstoupíte od této smlouvy, vrátíme Vám bez zbytečného odkladu, nejpozději   do 14 dnů ode dne, kdy nám došlo Vaše oznámení o odstoupení od smlouvy, všechny platby, které jsme od Vás obdrželi, včetně nákladů na dodání (kromě dodatečných nákladů vzniklých v důsledku Vámi zvoleného způsobu dodání, který je jiný než nejlevnější způsob standardního dodání námi nabízený). Pro vrácení plateb použijeme stejný platební prostředek, který jste použil(a) pro provedení počáteční transakce, pokud jste výslovně neurčil(a) jinak. V žádném případě Vám tím nevzniknou další náklady. Platbu vrátíme až po obdržení vráceného zboží nebo prokážete-li, že jste zboží odeslal(a) zpět, podle toho, co nastane dříve.
   2. Převzetí zboží.

Zboží bez zbytečného odkladu, nejpozději do 14 dnů ode dne, kdy došlo k odstoupení od této smlouvy, zašlete zpět nebo je předejte na adrese:

     Pavel Čermák – Červík Pája, Pod Větrákem 926, 27101 Nové Strašecí.

Lhůta se považuje za zachovanou, pokud nám odešlete zboží zpět před uplynutím 14 dnů.

1. Ponesete přímé náklady spojené s vrácením zboží.
2. Odpovědnost za snížení hodnoty vráceného zboží.
   Odpovídáte pouze za snížení hodnoty zboží v důsledku nakládání s tímto zbožím jiným způsobem, než který je nutný k obeznámení se s povahou a vlastnostmi zboží, včetně jeho funkčnosti.

10.2 Annex sample withdrawal form

Oznámení o odstoupení od kupní smlouvy

- Adresát: 

Pavel Čermák – Červík Pája, Pod Větrákem 926, 27101 Nové Strašecí,

e-mail: cervik@cervik-paja.eu

- Oznamuji / oznamujeme (*), že tímto odstupuji / odstupujeme (*) od smlouvy o nákupu tohoto zboží / o poskytnutí těchto služeb (*): 

- Datum objednání (*):                                     / datum obdržení (*):


- Jméno a příjmení spotřebitele / spotřebitelů:

- Adresa spotřebitele / spotřebitelů:

(*) Nehodící se škrtněte nebo údaje doplňte.