Terms and Conditions
of Packung s.r.o.
with registered office at Horní Věstonice, Jabloňová 225, Postcode 691 81
Identification number: 02278235
for the sale of goods through an on-line shop located at the internet address www.box48.cz.
1.1. These Terms and Conditions (hereinafter referred to as \'Terms and Conditions\') of Packung s.r.o., with its registered office at Horní Věstonice, Jabloňová 225, Postcode 691 81, identification number: 02278235, (hereinafter referred to as \'Seller\') regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the \'Civil Code\'), the mutual rights and obligations of the 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 person (hereinafter referred to as the \'buyer\') through the Seller\'s online store.
1.2 The Seller operates the Online Shop on a website located at www.box48.cz (hereinafter referred to as \'website\'), through a website interface (hereinafter referred to as \'website interface\').
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. 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 Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.
1.5 The Seller reserves the right to amend or supplement these Terms and Conditions. Any changes will be notified to registered buyers via their user account.
2.1 The Buyer has the possibility to set up a user account on the web interface of the shop. Upon registration of the Buyer made on the Website and approval by the Website Administrator, the Buyer may access his/her user interface. From his user interface, the Buyer can place orders for goods (hereinafter referred to as \'user account\').
2.2 When registering on the Website and when ordering goods, the Buyer must provide all information correctly and truthfully. The Buyer must update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account.
2.4 The Buyer is not entitled to allow third parties to use his/her user account.
2.5 The Seller may cancel the User Account, in particular if the Buyer has not used the User Account for more than 12 months or if the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available on a continuous basis, in particular with regard to necessary maintenance of hardware and software.
3.1 All presentation of the Goods on the web interface of the Shop is for information purposes only and the Seller is not obliged to enter into a contract of sale in respect of the Goods. Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the Goods remain valid for as long as they are displayed on the web interface of the Shop. This provision does not limit the seller\'s ability to conclude a purchase contract on individually agreed terms.
3.3. The Buyer shall fill in the dimensions of the goods requested, the number of pieces and provide any additional comments. The buyer puts the requested goods into the basket. The Buyer shall also fill in the method of payment for the goods, the method of delivery and, if applicable, the address of the delivery point.
3.3.1. Imput dimensions are always the internal dimensions of the boxes in the folded state of the box.
3.3.2. Technical specification of the continuous paperboard from which the products are made:
3VVL - B wool, thickness 3mm, cardboard composition: 120g / m2 Kraftliner, 120g / m2 Wellenstoff, 140g / m2 Testliner
5VVL - BE wool, thickness 4mm, cardboard composition: 120g / m² Kraftliner, 120g / m² Wellenstoff, 100g / m² Schrenz, 120g / m² Wellenstoff, 120g / m² Testliner
3.4 The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.5 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
3.5.1. The goods ordered (the goods ordered are \'inserted\' by the buyer into the electronic shopping cart),
3.5.2. The method of payment of the purchase price of the goods, details of the desired method of delivery of the ordered goods and
3.5.3. The costs associated with the delivery of the goods
(hereinafter collectively referred to as \'the order\').
3.6 Before the Seller sends the Order, the Buyer shall be allowed to check and amend the details which the Buyer has entered in the Order. By completing all the required data and the final confirmation of the order by the Buyer, the order becomes binding. This order constitutes an offer to enter into a contract. The information provided in the order is deemed correct by the Seller.
3.7. The conclusion of the purchase contract between the Seller and the Buyer occurs upon delivery of the order acceptance, which is sent to the Buyer by e-mail, to the Buyer\'s e-mail address indicated in the user account (hereinafter referred to as \'Buyer\'s e-mail address\'). Confirmation of the order constitutes the conclusion of the purchase contract.
3.8. The Seller is entitled to refuse an order, even without giving a reason. The buyer will be informed of the rejection of the order within 5 working days.
3.9. The Seller is always entitled, depending on the nature of the order (quantity of the 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).
3.10. The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, and these costs shall not differ from the basic rate.
4.1 The price of the Goods and any costs associated with the delivery of the Goods under the Contract of Sale may be paid by the Buyer to the Seller in the following ways:
4.1.1. in cash at the Seller\'s premises at Horní Věstonice, Jabloňová 225, Postal Code 691 81;
4.1.2. in cash on delivery;
4.1.3. by wire transfer to the Seller\'s account indicated on the relevant tax document (hereinafter referred to as \'Seller\'s account\') - also referred to as \'Payment on invoice - classic\';
4.1.4. cashless via a payment system.
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 in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable on receipt of the goods. The Buyer acknowledges that when choosing to pay by one of the online payment methods, payment in advance is required, i.e. the dispatch of the ordered goods to the Buyer will only take place after the full purchase price for the ordered goods has been paid to the Seller\'s account; if this is not paid within 7 calendar days of the date of conclusion of the contract, the contract will be terminated.
4.4 In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer\'s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller\'s account.
4.5 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.6 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.7. If it is customary in commercial relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. 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 electronic address. In case of payment \'Payment on invoice - classic\', the tax document is sent within 3 working days after the shipment of the goods.
4.8. In the case of payment \'Cash\', the Seller is obliged to issue a receipt to the Buyer in accordance with the Sales Records Act. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.
5.1 This article of the Terms and Conditions applies only to cases where the buyer is a consumer within the meaning of Section 419 of the Civil Code.
5.2 Except as provided below, the Buyer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code. This period shall run from the date of receipt of the goods. The withdrawal from the purchase contract must be notified to the seller within the period specified in the preceding sentence. The Buyer may send the withdrawal from the Purchase Contract to the address of the Seller\'s registered office or business premises or to the Seller\'s e-mail address email@example.com
5.3. The Buyer acknowledges that, according to Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from if it concerns the delivery of goods that have been modified according to the consumer\'s wishes, according to his specific requirements or for his person.
5.4 In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, 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.
5.5 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer\'s withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees 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 received funds to the buyer before the buyer returns the goods to him.
5.6 The Seller shall be entitled to unilaterally set off any claim for payment for damage to the Goods against the Buyer\'s claim for a refund of the purchase price.
5.7 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
5.8. If a gift is provided to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract in respect of such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the Goods.
6.1 The shop\'s web interface contains information about the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface applies only in cases where the goods are delivered within the Czech Republic. If the goods are delivered abroad, the cost of shipping the ordered goods abroad will be determined according to the currently valid price list of the cooperating carriers.
6.2 The Buyer expressly acknowledges that, with the exception of personal collection, the individual delivery methods are subject to a charge in accordance with the price list of the relevant delivery service provider, which is not part of the price for the goods and the Buyer is obliged to pay this price.
6.3 Where a method of delivery is agreed at the Buyer\'s specific request, the Buyer shall bear the risk and any additional costs associated with that method of delivery.
6.4 If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the order, the Buyer shall take delivery of the goods on delivery.
6.5 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier.
7.1 The rights and obligations of the contracting parties with regard to the rights of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and, in the case of consumers, also by Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer having regard to the nature of the goods and on the basis of the advertising carried out by them (in the case of the purchase of a bespoke box, this is standard carton manufacturing quality, so it is not a printed advertising box),
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. the goods are in the appropriate quantity, measure or weight and
7.2.5. the goods comply with the requirements of the legislation.
7.3 The bespoke box is made of continuous board, which includes bigs or bends in the place of the storage of the continuous board (1143 mm each). Due to the manufacturing process, the Seller expressly points out that it cannot be determined in advance whether or not the Buyer will receive the goods with a biga and, if applicable, in what number. A note to this effect is included in every order, which the customer confirms and agrees to before each order is shipped. The presence of bigs on the box is not grounds for a complaint.
7.3.1 Based on the production technology used, the board can be compressed by cutting (occurring only on one side of the board). The presence of such compression on the box is not a reason for acknowledging the complaint.
7.3.2 Paper micro-tearing is a natural property of paper used to make continuous paperboard. The presence of such a micro-rupture on the box is not a reason for acknowledging the complaint.
7.3.3 Cardboard rupture due to incorrect (reverse) folding is a defect caused by incorrect handling of the product. We provide information on the correct composition https://www.box48.cz/poradna/#protrzeni-ohybu-papiru, an example of the exact composition procedure is given for specific types of boxes at https://www.youtube.com/playlist?list=PLOJCM -tsgTQ5fZjy4GAUf0K6RMA8mdzl3. The presence of cardboard rupture due to incorrect box assembly is not a reason for acknowledging the complaint.
7.3.4 For the F422 bottom box https://www.box48.cz/knonice-odnoska-f422/ there may be different dimensions of the inner and outer hole for gripping the box. Differences in the size of the inner and outer hole for gripping the box are not grounds for acknowledging the complaint.
7.3.5 Edge rupture of paper is a natural reaction of the paper used to make endless paperboard when folded. The presence of such a rupture on the box is not a reason for acknowledging the complaint.
7.3.6 Cardboard production of custom boxes has its dimensional tolerances. The general definition of this tolerance is then the largest permissible (limit) value of the considered deviations - the permissible dimension inaccuracy. In the case of the technology used for the production of BOX48.cz custom boxes, this is a dimensional tolerance for the internal dimension of 3-20 mm specified by the machine manufacturer and also on the basis of the type and quality of the processed corrugated board processed. The presence of such a dimensional deviation in the internal dimension of the box with a tolerance of 3-20 mm is not a reason for acknowledging the complaint.
7.4. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods or if this results from the nature of the goods.
8.1 The time limit for exercising rights under defective performance shall commence on the date of acceptance of the goods by the purchaser.
8.2 The time limit for exercising rights under defective performance is 24 months if the buyer is a consumer. For a business buyer, the time limit for exercising the right of defective performance is 12 months.
8.3 Inspection on acceptance:
8.3.1 The Buyer shall inspect the Goods on receipt for completeness and integrity of packaging.
8.3.2 On receipt from the carrier, the Buyer shall check the condition of the goods properly and carefully.
8.3.3 The Buyer shall further check on the day of receipt the completeness of the goods, in particular that the packaging contains everything that was ordered.
8.4 The Buyer may make a claim at the Seller\'s shop or at the Seller\'s registered office.
8.5 The Seller shall issue the Buyer with a written confirmation of when the claim was made, what was its content, what method of settlement is required.
8.6 The warranty shall not apply in the following cases:
8.6.1. mechanical damage to the goods
8.6.2. use of the goods in conditions that do not correspond to the temperature, humidity or chemical influences of the environment
8.6.3. damage caused by excessive loading
8.7 The Seller\'s liability for defects does not extend to wear and tear caused by normal use, or, in the case of goods sold at a lower price, to the defect for which the lower price was agreed.
8.8 Handling of claims where the buyer is a consumer:
8.8.1. If the buyer is a consumer, the seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect.
8.8.2.The Seller shall settle the complaint, including the removal of the defect, without undue delay, no later than within 30 days from the date on which the Seller receives the complaint and at the same time the goods complained of are handed over to the Seller for assessment of the existence of the defect. The period of 30 days may be extended after the claim has been made by agreement with the consumer.
8.8.3. If the complaint is not settled within the time limit, the defect shall be deemed to have actually existed and the consumer shall have the same rights as if it were a defect that cannot be remedied.
8.9 Handling of a complaint where the purchaser is a business:
8.9.1 If the Buyer is an entrepreneur, the Seller undertakes to consider and settle the complaint within a reasonable period of time, but not later than 30 days from the date on which the Seller receives the complaint and at the same time the goods complained of are handed over to the Seller for assessment of the existence of the defect. The deadline of 30 days may be extended after the claim has been made in the event of force majeure; the Seller shall inform the Buyer of such fact.
8.9.2 The Buyer will be informed of the settlement of the claim by contacting the Seller by e-mail.
8.10. After the claim has been settled, the Seller shall issue the Buyer with a written confirmation of the date and manner of settlement of the claim, or the reasons for rejecting the claim.
8.11. The Buyer shall be entitled to reimbursement of reasonable costs incurred in pursuing a legitimate claim. These costs are understood to be the least necessary.In particular, the postage costs for sending the claim. These costs may not include car travel for the claim and express shipping and other similar costs. Reimbursement of costs must be requested without undue delay, but at the latest within 1 month of the end of the period for exercising the rights of defective performance. Further claims in respect of costs incurred will not be considered.
8.12. In the event that the claim is not found to be justified and, where applicable, also in the event that the Buyer returns the goods as a result of an invalid withdrawal, the Buyer shall be obliged to take delivery of the goods at the Seller\'s registered office within 7 working days from the date on which the Seller is requested to do so. If the goods are not collected within the agreed period, the Buyer shall bear all costs incurred by the Seller in connection with the storage of the goods. If the goods are not taken over even within 14 days after the buyer has been expressly requested to do so by the seller, the seller is entitled to sell the goods in accordance with Section 2126 of the Civil Code. If the item cannot be sold within a reasonable period of time, the seller is entitled to destroy the item, to which the buyer expressly agrees.
8.13 DAMAGE TO THE SHIPMENT DURING TRANSPORTATION WITH TOPTRANS EU, a.s.
In order to file a complaint with this carrier, it is necessary to observe the following in particular:
9.1 The Buyer shall acquire title to the Goods on payment of the full purchase price of the Goods.
9.2. By submitting the order, the Buyer confirms that he/she has received from the Seller the clear and comprehensible information required by law before the conclusion of the contract in accordance with the provisions of § 1810 et seq. of the Civil Code.
9.3. The Buyer has the opportunity to fully familiarize himself with the offered products, their features and recommendations for their use on the web interface before making the purchase.
10.1 Consumer complaints are handled by the Seller via the electronic address firstname.lastname@example.org. The Seller shall send information on the handling of the Buyer\'s complaint to the Buyer\'s electronic address.
10.2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. 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 under the purchase contract.
10.3. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: 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 online dispute resolution for consumer disputes).
10.4 The Buyer hereby assumes the risk of change of circumstances within the meaning of Article 1765(2) of the Civil Code.
11.1. 13 of the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the \'GDPR\') related to the processing of the Buyer\'s personal data for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations of the Purchase Agreement and for the purposes of the performance of the Seller\'s public law obligations, the Seller fulfils this obligation through a separate document available here: https://www.box48.cz/podminky-ochrany-osobnich-udaju-a-gdpr/ and https://www.box48.cz/formular-odstoupeni/formular-pro-odstoupeni-od-kupni-smlouvy.pdf
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which, in the absence of a choice of law, would otherwise apply according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2 If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 In situations not expressly covered by the Purchase Agreement or these Terms and Conditions, the relevant provisions of the law, in particular Act No. 89/2012 Coll., the Civil Code, as amended, shall apply.
12.5 The sample form for withdrawal from the purchase contract is an annex to the terms and conditions.
12.6. The Buyer has been duly informed of these Terms and Conditions of the Seller and agrees to them, which he has expressly confirmed in the order.
12.7. Contact details of the Seller: delivery address Horní Věstonice, Jabloňová 225, postal code 691 81, e-mail address email@example.com, telephone +420 721 082 050.
12.8. These terms and conditions are valid and effective from 1 March 2020.
12.9. This Agreement shall be subject to the substantive law in force in Czech Republic. All disputes arising in relation to this Agreement shall be submitted to the jurisdiction of Brno Court (CZE).
In Horní Věstonice on 1.1.2022
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