Terms and conditions for the sale of goods (authorial fashion silk accessories) through the online store located on the internet address www.dagmaar.cz
natural person, self-employed entrepreneur (OSVČ), not VAT payer,
Dagmar Jelínková,
business address V Kolkovně 8, Praha 1, 110 00, Czech Republic,
ID: 70379521.
1. INTRODUCTION
1.1. These Terms and Conditions (hereafter ‘Terms and Conditions’) of the natural person with the business address and ID as stated above, registered in the Trade Register (hereafter ‘Seller’) govern, in accordance with section 1751 (1) of the Law No. 89/2012 Coll. Civil Code (hereafter ‘Civil Code’), mutual rights and obligations of the contracting parties arising from and in connection with the purchase agreement (hereafter ‘Purchase Agreement’) concluded between the Seller and another natural person (hereafter ‘Purchaser’) through the Seller’s online store. The online store is operated by the Seller on the website www.dagmaar.cz (hereafter ‘Website’).
1.2. Terms and Conditions apply also if the person who intends to purchase goods from the Seller is a legal entity or a person who is ordering goods in course of their business or independent exercise of a profession.
1.3. Derogation from the provisions of the Terms and Conditions can be agreed upon in the Purchase Agreement. Provisions included in the Purchase Agreement different from those contained in the Terms and Conditions shall prevail.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Purchase Agreement and Terms and Conditions has been drawn up in the English and/or Czech language.
1.5. The Terms and Conditions can be amended by the Seller. This provision shall not affect rights and obligations which arose when former wording of the Terms and Conditions has been in force.
1.6. All contacts can be found in section ‘Contacts’ on the Website. This section forms a part of the Terms and Conditions.
2. USER ACCOUNT
2.1. User Account is created upon Website registration. The Purchaser can purchase goods if he or she is signed in to the User Account or directly from the Website without any registration.
2.2. The Purchaser shall provide the Seller with accurate personal information and he or she shall assure that personal information contained in the User Account are up to date. Personal information provided by the Purchaser are deemed to be accurate by the Seller.
2.3. Access to the User Account is secured by a user name and a password. The Purchaser has a duty of confidentiality in respect of his sign-in info.
2.4. The Purchaser shall not enable third parties to use his or her User Account.
2.5. The Seller may delete the User Account, especially if it is not used by the Purchaser for a long time or if the Purchaser breaches his obligations arising out of the Purchase Agreement (including Terms and Conditions).
2.6. The Purchaser acknowledges that the User Account may be temporarily unavailable due to a necessary maintenance of hardware and software of the Seller or third parties.
3. ENTERING INTO A PURCHASE AGREEMENT, OFFER AND PRICE OF GOODS
3.1. Goods are handmade original designs so accordance with their presentation on the Website (in respect of their colour, size and appearance) cannot be guaranteed. The Seller is not obliged to enter into the Purchase Agreement with respect to the goods presented on the Website.
3.2. The Website contains information about goods. Displayed prices include VAT and related charges. The prices are in force as long as they are displayed on the Website but the Seller can enter into the Purchase Agreement under terms and conditions negotiated individually with the Purchaser.
3.3. The Website contains also information about packaging and delivery costs which apply only when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the Purchaser shall fill in a form on the Website which contains information about:
- 3.4.1. ordered goods (which is added to the electronic shopping basket on the Website),
- 3.4.2. method of payment for the goods (chosen by the Purchaser),
- 3.4.3. information about required method of delivery of the ordered goods and
- 3.4.4. information about costs of the delivery of the goods (hereafter ‘Order’).
3.5. Before finishing the Order the Purchaser can check and amend/change his personal information and the goods added to the basket. The Order is successfully completed upon pressing the button “Place order”.
3.6. An act of identification of the goods, purchase price, Purchaser and method of payment of the purchase price constitutes a completion of the Order and creates a binding offer to conclude a Purchase Agreement. The Order is deemed valid after all mandatory information in the Order form were filled in and after the Purchaser confirmed he had familiarized himself with the Terms and Conditions.
3.7. The Seller will confirm to the Purchaser that he received the Order through e-mail (employing the e-mail address which the Purchaser provided in the User Account or in the Order form).
3.8. Depending on character of the Order (quantity of goods, purchase price, expected delivery costs), the Seller always has a right to ask the Purchaser for additional confirmation of the Order (for example in written form or by phone).
3.9. The offer to enter into a Purchase Agreement (in the form of the Order) is valid for 7 calendar days.
3.10. The contractual relationship starts to exist upon delivery of the acceptance of the offer to the Purchaser (acceptance is sent to the Purchaser’s e-mail).
3.11. If the Seller is unable to provide the exact goods specified in the Order he will send the Purchaser a modified offer by an e-mail. The seller will introduce other options and he will request Purchaser’s consent to the modified Purchase Agreement.
3.12. The modified offer is considered a new offer and in this case, the Purchase Agreement is concluded upon acceptation of modified terms, which was sent by the Purchaser to the Seller by e-mail.
3.13. The Purchaser consents to the use of means of distance communication for the purpose of conclusion of the Purchase Agreement. Expenses arising out of the use of these means (internet connection and telephone charges) are borne by the Purchaser, regular charges of the network operator apply.
4. PURCHASE PRICE AND METHODS OF PAYMENT
4.1. Ownership of goods is acquired by the Purchaser upon full payment of the purchase price. The Purchaser can use one of the following payment methods:
- 4.1.1. the Purchaser can make a bank transfer payment or transfer the payment from his credit/debit card to the bank account of the Seller,
- 4.1.2. if the goods are delivered within the territory of the Czech Republic and the purchase price is paid in CZK, the Purchaser can employ cash on delivery method,
- 4.1.3. the Purchaser can pay in cash CZK/EUR during a personal han-delivery in Prague.
4.2. The Purchaser shall pay costs of packaging and delivery together with the purchase price. Unless expressly stated otherwise, the purchase price also includes hereinafter costs related to delivery of the goods.
4.3. The Seller requires full payment of the purchase price in advance, i.e. before sending/hand-delivering. Section 2119 (1) first sentence of the Civil Code shall not apply.
4.4. If the purchase price is transferred electronically it is due in full within 7 calendar days of ordering the goods.
4.5. In case of non-cash payment the Purchaser shall specify the variable symbol. His or her obligation to pay the purchase price is fulfilled when the purchase price is successfully transferred to the Seller’s account (the Purchaser will be informed about the successful payment by e-mail).
4.6. The Seller will issue an invoice if it is common in the ordinary course of trade or if the law requires so. The Seller is not a VAT payer. The invoice will be issued and sent by e-mail to the Purchaser after full payment of the purchase price.
5. RIGHT TO WITHDRAW FROM THE PURCHASE AGREEMENT
5.1. The Purchaser acknowledges that in compliance with section 1837 of the Civil Code the Purchaser cannot withdraw from the Purchase Agreement for the supply of goods which have been adjusted for him or her (according to his or her wish).
5.2. If it is not the case covered by the article 5.1 or another case in which it is impossible to withdraw from the Purchase Agreement, the Purchaser has, in accordance with the section 1829 (1) of the Civil Code, a right to withdraw from the Purchase Agreement within fourteen (14) calendar days from the receipt of the goods. If the Purchase Agreement provides for a delivery of variety of goods or various parts of goods, the period of fourteen days runs from the day of receipt of the part of goods last delivered. The withdrawal from the Purchase Agreement must be sent to the Seller within the period mentioned in the previous sentence.
5.3. The withdrawal from the Purchase Agreement shall be sent to the business address of the Seller. Article 11 of the Terms and Conditions shall apply on the service of the withdrawal.
5.4. In the event of the withdrawal from the Purchase Agreement pursuant to the article 5.2 of the Terms and Conditions the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) calendar days period which is running from the withdrawal from the Purchase Agreement. If the Purchaser withdraws from the Purchase Agreement he or she shall bear the costs of returning the goods to the Seller (this applies also if the goods cannot be returned by regular postal service for its nature).
5.5. In case of withdrawal pursuant to the article 5.2 of the Terms and Conditions the Seller will transfer a sum of money received from the Purchaser on his or her bank account within fourteen (14) calendar days from the day on which the Seller received the goods. The Seller is not obliged to return the sum of money to the Purchaser before he receives the goods back.
5.6. The Seller has a right to be compensated for damages to the goods which occurred after the goods were received by the Purchaser. The amount of damages shall be set off against the purchase price which is being returned by the Seller.
5.7. The Seller can withdraw from the Purchase Agreement at any time preceding the moment when the Purchaser receives the goods. In such a case the Seller shall pay back the purchase price to the Purchaser without undue delay. The purchase price shall be transferred to the bank account determined by the Purchaser.
6. TRANSPORT AND DELIVERY OF THE GOODS
6.1. If the Purchaser requires the goods to be delivered by an extraordinary mean of transport he or she shall carry the risk and possible additional costs associated with it.
6.2. If the Seller is obliged to deliver the goods to a place specified by the Purchaser in the Order, the Purchaser shall accept the goods on delivery.
6.3. If it is necessary to deliver the goods repeatedly or by means different from those agreed upon in the Order because of reasons attributable to the Purchaser, the Purchaser is liable for costs of repeated delivery/delivery by other mean of transport.
6.4. The Purchaser shall check the integrity of packaging when he receives the goods from the carrier and he or she shall inform the carrier about any defects immediately. The Purchaser does not have to accept the shipment if a damage to the packaging indicates unauthorized intrusion. The shipment is not deemed to be damaged when only an ordinary flaws on a box which probably do not affect the goods occur. The Purchaser shall inform the Seller about an incomplete or damaged shipment immediately, he or she shall make a written protocol of the damage in collaboration with the carrier and send it electronically to the Seller within 24 hours in pdf format. If the Purchaser signs the acceptance of the shipment later complaints regarding incompleteness or defects will not be taken into consideration.
7. DEFECTIVE PRODUCTS LIABILITY AND COMPLAINTS
7.1. Rights and obligations of the contracting parties regarding the defective products liability shall be governed by relevant legislation (especially by sections 1914 – 1925, 2099 – 2117 and 2161 – 2174 of the Civil Code).
7.2. The Seller is liable to the Purchaser for any defects in the goods which are present at the time of delivery, the Seller is responsible especially for:
- 7.2.1. the goods having quality and characteristics the Purchaser has been expecting considering information provided on the Website. If the price of the goods was reduced due to a defect the Seller is not liable for this defect,
- 7.2.2. the goods being suitable for the purpose indicated by the Seller or for which it is normally used.
The Purchaser shall carefully inspect the goods immediately after the delivery and he or she shall notify the Seller of any discovered defects without undue delay. If the Purchaser discovers any difference between a content of the invoice and the delivered goods (in type, quantity or price) he or she shall notify the Seller within three working days of the delivery, otherwise the Seller will assume that the goods were delivered without any defects and that the terms and conditions of the Purchase Agreement were fulfilled.
7.5. The rights from defective performance of the Purchase Agreement can be invoked at the business address of the Seller which could be found on the Website in the section ‘Contacts’. The moment when the Seller received the goods, the Purchaser is complaining about, by post is deemed to be the first time when the complaint was made. However, the Seller recommends the details of the complaining process to be agreed upon in advance through e-mail communication. The Purchaser shall attach a written description of discovered defects to the returned goods and he or she shall wrap the goods into the original package and make sure it will not be damaged during transportation (e.g. by rain etc.). The Purchaser is liable for damages occurring after the delivery due to a careless handling of the goods, misuse, cleaning or unsuitable packaging. While sending the goods the complaint is being made about the cash on delivery/collect on delivery method of shipment cannot be employed. The Seller shall not accept the complaint in such a case and the goods shall be sent back to the Purchaser on his or her expense.
7.6. The type of silk must be taken into account while taking care of the goods. How to take care of the goods properly is shown here. Seller’s liability for defective goods does not apply to normal wear and tear and defects caused by inappropriate maintenance or handling of the goods (holes, scratches, rips etc.).
7.7. When the complaint is settled, the Seller will send repaired or new goods on his expense to the Purchaser within 30 days of the receipt of the complaint. If the Seller is unable to meet the deadline for reasons beyond his control or because particular goods is not available/in stock the Seller shall contact the Purchaser and they will agree upon different solution to the situation or he will guarantee later shipment of the goods.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The purchaser acquires the ownership of the goods by full payment of the purchase price.
8.2. In the contractual relationship with the Purchaser the Seller is not bound by any codes of conduct within the meaning of section 1826 (1) e) of the Civil Code.
8.3. The extrajudicial settlement of consumer disputes arising from the Purchase Agreement falls within the scope of authority of the Czech Trade Inspection Authority which has its head office in Prague 2, postal code: 120 00, Štěpánská 567/15, ID: 000 20 869, web address: http://www.coi.cz.
8.4. The Seller pursue his business activity under a trade license. Trade inspection is carried out by a competent trade licensing office. Maintenance of the protection of personal data is supervised by the Office for Personal data Protection. Supervision of compliance with the Law on Consumer Protection No. 634/1992 Coll., as amended, falls within authority of the Czech Trade Inspection Authority.
8.5. The Purchaser assumes the risk of changed circumstances within the meaning of section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA AND TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE
9.1. Personal data protection of the Purchaser is governed by the Law No. 101/2000 Coll., on the Protection of Personal Data, as amended.
9.2. The Purchaser consents to the processing of his or her following personal data: name, address, ID, VAT ID, e-mail address, phone number (hereafter ‘Personal Data’).
9.3. The Purchaser consents to the processing of his or her personal data by the Seller for the purpose of fulfilling rights and obligation arising out of the Purchase Agreement and for administration of the User Account. Unless the Purchaser chooses otherwise he agrees with the processing of Personal Data by the Seller also for the purpose of sending information and for commercial communication. Consent to the processing of all Personal Data is not a requirement for the conclusion of the Purchase Agreement.
9.4. The Purchaser acknowledges that he or she shall provide accurate and correct Personal Data and inform the Seller about any Personal Data change. The processing of Personal Data can be delegated to a third person. The Personal Data will not be handed over to third persons.
9.5. The Personal Data will be processed for an indefinite period, they will be processed electronically by automated means or electronically and in printed form not by automated means.
9.6. If the Purchaser assumes that the processing of Personal Data is carried out in breach of the right to the protection of private life or in breach of law, he or she can:
- 9.6.1. ask the Seller or the processor for an explanation,
- 9.6.2. demand the Seller or the processor to remedy the situation.
9.7. If the Purchaser requests an information regarding the processing of his or her Personal Data, the Seller shall deliver this information but he has a right to demand reasonable compensation not exceeding costs of provision of the necessary information.
9.8. The Purchaser acknowledges that the software and content of the Website including the pictures of the goods is protected under intellectual property law. The Purchaser undertakes not to engage in any activity enabling him or third parties to wrongfully use the software or the content of the Website. The Purchaser shall not use methods and software which could negatively affect operation of the Website. The Website can be used only in a way which is not infringing rights of other users and which is coherent with its purpose. The Seller is not liable for errors occurring on the Website because of an interference of third parties/use of the Website in conflict with its purpose.
10. COMMERCIAL COMMUNICATION AND COOKIES
10.1. The Purchaser agrees to receive commercial communication relating to goods and services of the Seller via e-mail. The Purchaser agrees with data storage in cookies.
11. SERVICE OF DOCUMENTS
11.1. Notifications concerning the withdrawal from the Purchase Agreement shall be sent by e-mail or by registered letter. Notification of the Purchaser’s withdrawal from the Purchase Agreement is effective if it is sent within the withdrawal period.
11.2. Notification sent by post is deemed delivered even if it was refused by the addressee, returned or not collected from a post office. The day of delivery is then the day on which the letter was refused, returned or it is a last day of a collection period. Ordinary communication between the Seller and the Purchaser can be sent via e-mail.
12. FINAL PROVISIONS
12.1. If the contractual relationship between the Seller and the Purchaser contains cross boarder element, the parties agree that their contractual relationship and relationships arising in connection with the Purchase Agreement shall be governed by Czech law.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, provisions of the law shall apply, the validity of other provisions shall not be affected. Amendments to the Purchase Agreement or to the Terms and Conditions shall be in a written form.
12.3. Contacts of the Seller read as follows: Dagmar Jelínková, V Kolkovně 8, Praha 1, 110 00, Czech Republic, e-mail: <a href=”mailto:info@dagmaar.cz”>info@dagmaar.cz</a>, phone number: +420 604 466 748.
