TERMS AND CONDITIONS

business enterprise

Swahili Express – Martin Skalský

with registered office at Vilímovská 611/29, 160 00, Prague 6, Czech Republic

identification number: 69322333

for the sale of goods through an online store located at the website www.swahiliexpres.eu

INTRODUCTORY PROVISIONS
1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the Swahili Express – Martin Skalský trade enterprise , with its registered office at Vilímovská 611/29, 160 00, Prague 6, Czech Republic , identification number: 69322333 (hereinafter referred to as the “Seller”) regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code of the Czech Republic, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting 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 natural person (hereinafter referred to as the “Buyer”) via the Seller’s online store. The online store is operated by the Seller on a website located at the Internet address www.swahiliexpress.eu (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Website Interface”).
2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person who, when ordering goods, acts as part of their business activity or as part of their independent profession.
3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
5. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
USER ACCOUNT
1. Based on the Buyer’s registration on the website, the Buyer can access his user interface. From his user interface, the Buyer can order goods (hereinafter referred to as the “user account”). If the store’s web interface allows it, the Buyer can also order goods without registration directly from the store’s web interface.
2. When registering on the website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
4. The Buyer is not entitled to allow third parties to use the user account.
5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 12 months, or if the Buyer breaches his/her obligations under the purchase contract (including the terms and conditions).
6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
CONCLUSION OF THE PURCHASE CONTRACT
1. All presentation of goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid for the period 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 negotiated conditions.
3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store only applies to cases where the goods are delivered within the territory of the Czech Republic.
4. To order goods, the Buyer fills out an order form in the store’s web interface. The order form contains, in particular, information about:
  1. ordered goods (the Buyer “inserts” the ordered goods into the electronic shopping cart of the store’s web interface),
  2. the method of payment for the purchase price of the goods, information about the requested method of delivery of the ordered goods and
  3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the “order”).
5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, also with regard to the Buyer’s ability 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 “send order” button. The data specified in the order are considered correct by the Seller. Immediately after receiving the order, the Seller confirms this receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
7. The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer himself, and these costs do not differ from the basic rate.
PRICE OF GOODS AND PAYMENT TERMS
1. The Buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the Seller in the following ways:
  1. by bank transfer to the Seller’s account No. 2100117985/2010, maintained at Fio banka, a. s. (hereinafter referred to as the “
  Seller’s account”);
  2. cashless via the GoPay payment system;
  3. cashless payment card.
2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4. In the case of cashless payment, the purchase price is payable within 7 days of concluding the purchase contract.
5. 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 at the moment the relevant amount is credited to the Seller’s account.
6. The Seller is entitled, especially in the event that the Buyer does not confirm the order additionally (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.
8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document – invoice to the Buyer regarding payments made on the basis of the purchase contract. The Seller is not a payer of value added tax. The tax document – invoice will be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer’s electronic address.
9. According to the Sales Registration Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, no later than within 48 hours.
WITHDRAWAL FROM THE PURCHASE CONTRACT
1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that have been modified according to the Buyer’s wishes or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from a purchase contract for the supply of a sound or video recording or computer program if their original packaging has been broken.
2. Unless it is a case specified in Article 5.1of the Terms and Conditions 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 the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the Buyer can use the sample form provided by the Seller, which is an annex to the Terms and Conditions. The Buyer can send the withdrawal from the purchase contract, among others, to the address of the Seller’s business premises or to the Seller’s e-mail address info@swahiliexpress.eu.
3. In the event of withdrawal from the purchase contract according to Article 5.2of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the Seller. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with returning the goods to the Seller, even in the case where the goods cannot be returned by regular mail due to their nature.
4. In the event of withdrawal from the purchase contract pursuant to Article 5.2of 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 in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another manner, if the Buyer agrees to this 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 funds received to the Buyer before the Buyer returns the goods or proves that he has sent the goods to the Seller.
5. The Seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the Buyer’s claim for a refund of the purchase price.
6. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time, up to the time of receipt of the goods by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without undue delay, by bank transfer to the account specified by the Buyer.
7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with a termination condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such a gift loses its effectiveness and the Buyer is obliged to return the gift provided to the Seller together with the goods.
TRANSPORTATION AND DELIVERY OF GOODS
1. If the method of transport is agreed upon based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
2. If the Seller is obliged under the purchase contract to deliver the goods to the location specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
4. When accepting 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, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier. This does not affect the Buyer’s rights from liability for defects in the goods and other rights of the Buyer arising from generally binding legal regulations.
5. Additional rights and obligations of the parties during the transport of goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
RIGHTS FROM DEFECTIVE PERFORMANCE
1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer received the goods:
  1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of their advertising,
  2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used,
  3. the goods correspond in quality or design to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
  4. the goods are in the appropriate quantity, measure or weight and
  5. the goods comply with the requirements of legal regulations.
3. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt.
4. The Seller has obligations from defective performance at least to the extent that the manufacturer’s obligations from defective performance last. The Buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. If the period for which the goods can be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in the advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By the quality guarantee, the Seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the Buyer has rightfully complained to the Seller about a defect in the goods, the period for exercising rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
5. The provisions set out in Article 7.4of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their usual use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the Buyer, or if this results from the nature of the goods. The Buyer shall not be entitled to a right from defective performance if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect himself.
6. The rights arising from liability for defects in goods are exercised against the Seller. However, if the confirmation issued by the Seller regarding the scope of the rights arising from liability for defects (within the meaning of Section 2166 of the Civil Code) states another person designated for repair who is at the Seller’s location or at a location closer to the Buyer, the Buyer shall exercise the right to repair against the person designated to carry out the repair. Except in cases where another person is designated to carry out the repair pursuant to the previous sentence, the Seller is obliged to accept the complaint at any establishment where acceptance of the complaint is possible with regard to the range of products sold or services provided, or at the Seller’s registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requests; and also a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the Seller to carry out the repair.
7. The Buyer can specifically exercise the rights arising from liability for defects in goods, especially in person at Vilímovská 611/29, 160 00, Prague 6, the Czech Republic, by phone at +420 775 168 026 or by e-mail at info@swahiliexpress.eu.
8. The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notifying the defect. The Buyer may not change the choice made without the Seller’s consent; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.
9. If the goods do not have the properties specified in Article 7.2of the Terms and Conditions, the Buyer may also request the delivery of new goods without defects, unless this is unreasonable given the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only request the replacement of the part; if this is not possible, the Buyer may withdraw from the contract. However, if this is unreasonable given the nature of the defect, in particular if the defect can be removed without undue delay, the Buyer has the right to have the defect removed free of charge. The Buyer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect, if the Buyer cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to the delivery of new goods without defects, to the replacement of a part of the goods or to the repair of the goods, he may request an appropriate discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace a part of it or repair the goods, as well as if the Seller does not remedy the situation within a reasonable time or if remedying the situation would cause the Buyer significant difficulties.
10. Anyone who has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be pointed out, the court will not grant the right if the Seller objects that the right to compensation was not exercised in time.
11. Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaint procedure.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.
3. The Seller handles consumer complaints via the email address info@swahiliexpress.eu. The Seller will send information about the handling of the Buyer’s complaint to the Buyer’s email address.
4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from a purchase contract.
5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to 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).
6. The Seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
PERSONAL DATA PROTECTION
1. The Seller shall fulfil its information obligation towards the Buyer pursuant to Article 13 of 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 Regulation
  ”) relating to the processing of the Buyer’s personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the Seller’s public law obligations by means of a special document.
SENDING COMMERCIAL COMMUNICATIONS AND SAVING COOKIES
1. The Buyer agrees, in accordance with the provisions of Section 7, paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain acts (Act on certain information society services), as amended, to the sending of commercial communications by the Seller to the Buyer’s electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer in accordance with Article 13 of the GDPR related to the processing of the Buyer’s personal data for the purposes of sending commercial communications by means of a special document.
2. The Buyer agrees to the storage of cookies on his computer. In the event that a purchase can be made on the website and the Seller’s obligations from the purchase contract without storing so-called cookies on the Buyer’s computer, the Buyer may revoke the consent according to the previous sentence at any time.
DELIVERY
1. It can be delivered to the Buyer at the Buyer’s electronic address
FINAL PROVISIONS
1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the Buyer, who is a consumer, is not deprived of the protection provided to him by the provisions of the legal order from which it is not possible to deviate by contract and which would otherwise apply in the absence of the choice of law pursuant 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).
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 comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
3. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
4. The appendix to the terms and conditions includes a sample form for withdrawing from the purchase contract.
5. Seller’s contact details: delivery address: Vilímovská 611/29, 160 00, Prague 6, the Czech Republic, e-mail address : info@swahiliexpress.eu, telephone +420 775 168 026.

In Prague on 1 January 2025