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Terms and conditions

General Terms and Conditions

General Terms and Conditions of ARKA SG, s.r.o.
ARKA SG, s.r.o.
Wholesale of school and office supplies
Špitálka 91/23a
Company ID (IČO): 60740787 VAT ID (DIČ): CZ60740787
company registered with the Regional Commercial Court in Brno, Section C, Insert 18326
bank details: UniCredit Bank, account number 2113085097/2700

  1. INTRODUCTORY PROVISIONS

    1. These terms and conditions (hereinafter the "terms and conditions") of the trading company ARKA SG, s.r.o., with its registered office at Špitálka 91/23a 602 00 Brno, identification number: 60740787, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 18326 (hereinafter the "seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (zákon č. 89/2012 Sb., občanský zákoník), as amended (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 (hereinafter the "purchase contract") concluded between the seller and another natural or legal person (hereinafter the "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.arkasg.cz (hereinafter the "website").

    2. The terms and conditions and the purchase contract are primarily drawn up in the Czech language, unless the contracting parties agree on another language. The contractual relationship is governed by the Czech legal system as currently in force.

    3. The seller may amend or supplement the wording of the terms and conditions on the basis of Section 1752 of Act No. 89/2012 Coll., the Civil Code. The buyer will be notified of any change to the terms and conditions through the seller's website, specifically at www.arkasg.cz in the Terms and Conditions, with an indication of the date on which the new terms take effect. This provision does not affect rights and obligations that arose while the previous wording of the terms and conditions was in effect.

  2. USER ACCOUNT

    1. Based on the buyer's registration made on the website, the buyer may access their user interface. From their user interface, the buyer may order goods (hereinafter the "user account").

    2. When registering on the website and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information stated in the user account whenever it changes. The information 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 their 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, in particular if the buyer breaches their obligations under the purchase contract (including the terms and conditions).

    6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the seller's hardware and software, or necessary maintenance of third parties' hardware and software.

  3. CONCLUSION OF THE PURCHASE CONTRACT

    1. All presentation of goods placed in the store's web interface is informative in nature, and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code does not apply.

    2. The store's web interface contains information about the goods, including the prices of individual goods. Prices of goods are stated both excluding and including value added tax. Prices of goods remain valid for as long as they are displayed in the store's web interface. Prices of goods are not personalized to the buyer on the basis of automated decision-making. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

    3. The store's web interface also contains information on the costs associated with packaging and delivery of the goods, and on the method and time of delivery of the goods. The information on the costs associated with packaging and delivery of the goods stated in the store's web interface applies only where the goods are delivered within the territory of the Czech Republic. Where the seller offers free shipping of goods, the buyer's right to free shipping of goods is conditional on payment of the minimum total purchase price of the shipped goods in the amount specified in the store's web interface. If the buyer partially withdraws from the purchase contract and the total purchase price of the goods for which the buyer has not withdrawn from the contract does not reach the minimum amount required for the right to free shipping under the previous sentence, the buyer's right to free shipping lapses and the buyer is obliged to pay the seller for the shipping of the goods. We deliver goods only within the Czech Republic.

    4. Before sending the order to the seller, the buyer is allowed to check and change the input data that the buyer entered into the order, including with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the "Order with obligation to pay" button. The information stated in the order is considered correct by the seller. Immediately after receiving the order, the seller will confirm its receipt to the buyer by e-mail, to the buyer's e-mail address stated in the user account or in the order (hereinafter the "buyer's e-mail address"). This confirmation is not considered conclusion of the purchase contract.

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

    6. Acceptance of the offer to conclude the Purchase Contract is the seller's timely written statement addressed to the buyer, in which the seller confirms that it accepts the buyer's offer to conclude the Purchase Contract. This is the e-mail by which the seller confirms to the buyer that it will deliver the ordered goods. The seller reserves the right to cancel the buyer's order for goods if the seller is unable to deliver the goods because they are sold out, or at the price stated in the online store.

  4. ORDERING GOODS

    1. The customer may send an order by post, fax or telephone, by e-mail, or through the online store on the seller's website at www.arkasg.cz.

    2. The customer is obliged to state the following information in the order:

  • Business name or surname, registered office / place of residence, Company ID (IČO), VAT ID (DIČ), contact details (telephone, e-mail address)

  • Code of the ordered goods according to the catalog, or also their description

  • Quantity of the ordered goods

  • Address of the place of delivery of the goods, if this place is not identical to the address of the buyer's registered office / place of residence

  • Delivery date of the goods, if it differs from the one stated in the GTC

  • First name, surname and signature of the authorized person (customer), or the customer's stamp

  • First name and surname of the person authorized to accept the delivered goods (if this information is not provided, the customer, or any of its employees, will be authorized to accept the delivered goods.

    1. After receiving the order, the seller is obliged to check whether the requested goods are in stock in sufficient quantity. If the requested goods are not in stock in the requested quantity, or delivery can only be made within a longer delivery period, the customer will be notified of this fact without undue delay by telephone or e-mail.

    2. When ordering for the first time, the customer is obliged to deliver their identification documents together with the order, i.e. an extract from the Commercial Register, a copy of the trade license, and the VAT registration certificate. This does not apply to purchases through the online store.

    3. The buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer, and these costs do not differ from the basic rate.

  2. PRICE OF GOODS, DUE DATE, PAYMENT TERMS, INVOICING

    1. The price of the goods is determined by the current price list, and the price is displayed on the product page of the individual product at www.arkasg.cz.

    2. The seller reserves the right to round the final price stated on the invoice, which may therefore differ from the final price in the order on the website.

    3. The seller reserves the right to check the content of the order, and in the event of any changes in the order, such as outdated selling prices (exchange rate change, supplier price change, system errors) or an unavailable quantity of goods, the customer will be informed within 24 hours of placing the order. The seller is obliged to inform the customer of all changes.

    4. The customer is obliged to pay the price for the delivered goods

* by bank transfer to the seller's account

* in cash, or

* by cash on delivery upon receipt of the goods



    1. In the case of a bank transfer, the price is considered paid at the moment the relevant amount is credited to the seller's account stated on the tax document. Proof of cash payment means a cash disbursement voucher issued by the customer and confirmed by the seller, or a cash receipt voucher issued to the customer by the seller. Proof of payment by cash on delivery is the invoice enclosed in the shipment. For cash payments, a receipt is issued.

    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 hereinafter also includes the costs associated with delivery of the goods.

    3. The price for the goods is due by the date stated on the tax document (invoice) issued to the customer by the seller. The customer is obliged to pay all obligations to the seller in accordance with the rules set out in these terms and conditions, unless individual payment terms have been agreed in writing.

    4. The seller reserves the right to require cash payment upon delivery of the goods from a customer who is a legal person or a self-employed natural person and who has overdue unpaid obligations or has repeatedly had such obligations in the past. If the customer does not accept this condition, the seller reserves the right to deliver the ordered goods only after all obligations have been settled.

    5. If the customer purchases on behalf of a company and states a Company ID (IČO) in the registration, the invoice will be issued with all the details traceable under the current Company ID (IČO). If the customer does not state a Company ID (IČO) during registration, the invoice header will be created as End Consumer. If a customer without a Company ID (IČO) requires an invoice with their exact details, they must expressly state this in the order note.

  2. SHIPPING AND DELIVERY OF GOODS

    1. The seller provides free shipping throughout the Czech Republic for orders over 3.500 Kč excl. VAT. If the amount for the goods does not exceed 3.500 Kč excl. VAT, the seller will charge a shipping fee of 99 Kč incl. VAT for payment by invoice, or +22 Kč incl. VAT for cash on delivery. Personal pickup at the company headquarters is free of charge. For payment by pro forma invoice, i.e. bank transfer in advance, the invoice will be sent by e-mail.

    2. The seller undertakes to deliver and invoice goods only to customers in the territory of the Czech Republic.

    3. Unless otherwise agreed between the seller and the customer, the seller undertakes to dispatch the ordered goods no later than 48 hours (excluding public holidays and non-working days) from receipt of the order, provided that the order is delivered to the seller on a working day by 12:00 noon. If the order is delivered after 12:00 noon, the goods will be dispatched within 72 hours (excluding public holidays and non-working days) from the start of business hours on the working day following receipt of the order.

    4. The customer is obliged to inform the seller in writing without undue delay of any change of the place of delivery of the goods or of the person authorized to accept the goods. The seller is not liable for damage caused by incorrect or late delivery of the goods if it was caused by the customer's breach of obligations under this article. Responsibility for the delivered goods passes to the buyer at the moment of their acceptance.

    5. If the invoice contains incorrect or incomplete information, the customer is entitled to return the invoice by its due date, i.e. deliver it to the seller in a verifiable manner. In the event of a price difference, the customer's payment obligation arises according to the newly issued invoice.

    6. The delivered goods remain the property of the seller until all receivables arising from the purchase contract have been paid.

    7. If the method of shipping is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of shipping.

    8. If, under 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 accept the goods upon delivery.

    9. If, for reasons on the buyer's side, the goods have to be delivered repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.

    10. Upon receipt of 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 without undue delay. If the packaging is found to be damaged in a way 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 arising from liability for defects of the goods or other rights of the buyer arising from generally binding legal regulations.

    11. Other rights and obligations of the parties in the shipping of goods may be governed by the seller's special delivery terms, if issued by the seller.

  3. WITHDRAWAL FROM THE PURCHASE CONTRACT

    1. The buyer acknowledges that, under Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of:

  • goods made according to the buyer's requirements or adapted to the buyer's personal needs,

  • goods that are perishable or have a short shelf life, as well as goods that, after delivery, have been irreversibly mixed with other goods due to their nature,

  • goods in sealed packaging that are not suitable for return for health protection or hygiene reasons once the buyer has broken the seal, and

  • audio or video recordings or computer software in sealed packaging, if the buyer has broken the seal.

    1. Unless it is a case referred to in Art. 7.1 of the terms and conditions or another case in which it is not possible to withdraw from the purchase contract, the buyer has the right, in accordance with Section 1829(1) and (2) of the Civil Code, to withdraw from the purchase contract within fourteen days from the day on which the buyer or a third party designated by the buyer, other than the carrier, takes over the goods, or:

  • the last item of the goods, if the buyer orders several items of goods within one order that are delivered separately,

  • the last item or part of a delivery of goods consisting of several items or parts, or

  • the first delivery of goods, if the contract provides for regular delivery of goods for an agreed period.

    1. Withdrawal from the purchase contract must be sent to the seller within the period stated in Art. 7.2 of the terms and conditions. To withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the terms and conditions. For the purpose of exercising the right to withdraw from the contract, the buyer is obliged to inform the seller of their withdrawal from this contract either in person at the seller's registered office, by e-mail to objednavky@arkasg.cz, or by letter sent through a postal service provider to the seller's address, Špitálka 91/23, 602 00 Brno.

    2. In the event of withdrawal from the purchase contract, the purchase contract is canceled from the outset. The buyer shall send or hand over the goods back to the seller without undue delay, no later than fourteen days from withdrawal from the contract, unless the seller has offered to collect the goods itself. The period under the previous sentence is met if the buyer sends the goods before it expires. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular post due to their nature.

    3. In the event of withdrawal from the purchase contract under Art. 7.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen 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 payment provided by the buyer already upon the return of the goods by the buyer or in another manner, if 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 funds received to the buyer before the seller receives the goods or before the buyer proves that the goods have been sent back, whichever occurs first.

    4. The seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

    5. In cases where the buyer has the right to withdraw from the purchase contract in accordance with Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.

    6. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded subject to a condition subsequent that if the buyer withdraws from the purchase contract, the gift contract regarding such gift ceases to be effective and the buyer is obliged to return the gift provided to the seller together with the goods.

  2. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

    1. The rights and obligations of the contracting parties regarding rights arising from defective performance between the seller and a buyer who is a consumer are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection (zákon č. 634/1992 Sb., o ochraně spotřebitele), as amended).

    2. The seller is liable to the buyer that the item has no defects upon receipt. In particular, the seller is liable to the buyer that the item:

  • corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

  • is suitable for the purpose for which the buyer requires it and to which the seller has agreed, and

  • is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

    1. The seller is liable to the buyer that, in addition to the agreed characteristics:

  • the item is suitable for the purpose for which an item of this kind is usually used, also taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the relevant industry, if there are no technical standards,

  • the item, in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of items of the same kind that the buyer can reasonably expect, also taking into account public statements made by the seller or another person in the same contractual chain, in particular through advertising or labeling, unless the seller proves that it was not aware of it, or that it had been corrected at the time of conclusion of the purchase contract in at least a comparable manner to the way in which it was made, or that it could not have influenced the purchase decision,

  • the item is delivered with accessories, including packaging, assembly instructions and other instructions for use, that the buyer can reasonably expect, and

  • the item corresponds in quality or workmanship to the sample or model that the seller provided to the buyer before the conclusion of the purchase contract.

    1. The provision of Art. 8.3 of the terms and conditions does not apply if, before the conclusion of the purchase contract, the seller specifically informed the buyer that a certain characteristic of the item differs and the buyer expressly agreed to this when concluding the purchase contract.

    2. The seller is also liable to the buyer for a defect caused by incorrect assembly or installation carried out under the purchase contract by the seller or under its responsibility. This also applies if the assembly or installation was carried out by the buyer and the defect occurred as a result of a deficiency in the instructions provided for it by the seller.

    3. If a defect becomes apparent within one year of receipt, the item is deemed to have been defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the time during which the buyer cannot use the item, provided the buyer rightfully reported the defect.

    4. If the item has a defect, the buyer may demand its removal. At the buyer's option, the buyer may demand delivery of a new item without defects or repair of the item, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other; this is assessed in particular with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the buyer. The seller may refuse to remove the defect if this is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the item would have without the defect.

    5. The seller shall remove the defect within a reasonable time after it has been reported, so as not to cause the buyer significant inconvenience, taking into account the nature of the item and the purpose for which the buyer purchased it. To remove the defect, the seller shall take over the item at its own expense. If this requires dismantling of an item that was assembled in accordance with its nature and purpose before the defect became apparent, the seller shall dismantle the defective item and assemble the repaired or new item, or pay the associated costs.

    6. The buyer may demand a reasonable discount or withdraw from the purchase contract if:

  • the seller refused to remove the defect or did not remove it in accordance with Art. 8.8 of the terms and conditions,

  • the defect appears repeatedly,

  • the defect is a material breach of the purchase contract, or

  • it is apparent from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the buyer.

    1. A complaint, including removal of the defect, must be settled and the buyer must be informed thereof no later than thirty days from the date the complaint was filed, unless the seller and the buyer agree on a longer period.

    2. After the period under Art. 8.10 of the terms and conditions has expired without result, the buyer may withdraw from the purchase contract or demand a reasonable discount.

    3. The seller is obliged to issue the buyer a confirmation of the date and method of settling the complaint, including confirmation of the repair carried out and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out the repair.

    4. When filing a complaint about goods, the buyer is obliged to provide the seller with maximum cooperation. Complaints can be reported by e-mail to objednavky@arkasg.cz or by telephone at +420 543 210 715.

    5. Other rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaints procedure.

    6. The seller or another person may provide the buyer with a quality guarantee in addition to the buyer's statutory rights arising from defective performance.

  2. PERSONAL DATA PROTECTION

    1. If the buyer is a natural person, the buyer is obliged to provide the seller with their first name and surname, permanent residence address including postal code, delivery address including postal code, telephone number and e-mail address.

    2. If the buyer is a legal person, the buyer is obliged to provide the seller with its business name, registered office address including postal code, delivery address including postal code, Company ID (IČ), VAT ID (DIČ), telephone number and e-mail address.

    3. The buyer consents to the seller, as the controller of the buyer's personal data, collecting and processing the buyer's personal data entered during registration in the seller's online store, for the purpose of accounting for payments for purchased goods, correct distribution of goods and communication with the buyer. Consent is granted for the duration of the registration in the seller's online store, or for the period until all obligations between the buyer and the seller have been settled. The handling of the buyer's personal data is subject to Act No. 101/2000 Coll., on the Protection of Personal Data (zákon 101/2000 Sb. o ochraně osobních údajů), and the seller hereby declares that it has notified the Office for Personal Data Protection (Úřad pro ochranu osobních údajů) of the processing of personal data and is registered with the Office for Personal Data Protection as a data controller under registration number.

    4. The information provided enables the seller to carry out the necessary accounting operations, issue a tax document, or identify the buyer's payment made by bank transfer. All data are stored in a protected database on the seller's server. The buyer may change the data to reflect the current state after logging in.

    5. The buyer has access to their personal data within the meaning of Section 21 of the Act on the Protection of Personal Data and has the right to demand that the seller remedy any incorrect handling of their personal data. The buyer gives the seller express consent to store their e-mail address and residential address for the purpose of sending commercial offers and opportunities. The buyer is entitled to refuse consent to the sending of these commercial offers.

    6. The seller does not provide the buyer's data to third parties, with the exception of necessary data provided to banks for recording and accounting for payments and to delivery services for delivery of the ordered goods. In these cases, the necessary data are provided on a one-time basis to process a specific order of the buyer.

    7. If the buyer decides to cancel their registration in the seller's online store, the buyer shall contact the seller with this request by e-mail at info@arkasg.cz The buyer's registration will then be canceled. A registered buyer can update the information provided online on the online store's website immediately after logging in.

  3. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

    1. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.

    2. The seller handles consumer complaints by e-mail. Complaints can be sent to the seller's e-mail address. The seller will send information on the handling of the buyer's complaint to the buyer's e-mail address. No other complaint handling rules have been established by the seller.

    3. If a consumer dispute arises between the seller and a consumer from a purchase contract or a service contract that cannot be resolved by mutual agreement, the consumer may file a petition for out-of-court resolution of such dispute with the designated body for out-of-court resolution of consumer disputes, which is:

  • Czech Trade Inspection Authority (Česká obchodní inspekce)
    Central Inspectorate, ADR Department
    Štěpánská 15
    120 00 Praha 2
    E-mail: adr@coi.cz
    Web: adr.coi.cz

    1. The buyer may file a complaint with a supervisory or state oversight authority. The seller is authorized to sell goods on the basis of a trade license. Trade inspection is carried out within its competence by the relevant Trade Licensing Office. Supervision of personal data protection is exercised by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). The Czech Trade Inspection Authority supervises, within a defined scope, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

    2. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

  2. FINAL PROVISIONS

    1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This choice of law under the previous sentence does not deprive a buyer who is a consumer of the protection afforded by provisions of the legal system that cannot be derogated from by agreement and that would otherwise apply in the absence of a choice of law under Art. 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 provisions shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

    3. In the event of force majeure or any other outage of the online store, the seller is not responsible for the impossibility of fulfilling the order.

    4. The purchase contract, including the terms and conditions, is archived by the seller in physical form and is accessible to the buyer upon request

Withdrawal form:

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