TERMS AND CONDITIONS
Terms and Conditions
- INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the legal entity Petra Veselá with its registered office at Dobrovského 31, Prague 7, identification number: 75535807, VAT number: CZ7659190176, registered in the Trade Register at the Ministry of Internal Affairs, Prague 7, (hereinafter referred to as the "seller") are governed by in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the contracting parties arising in connection with the conclusion of the purchase contract (hereinafter referred to as the "purchase contract") between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address https://www.inaugustcompany.com (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession. For relations with such buyers of goods, the rules for bulk buyers apply, which we will send to interested parties upon request.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract.
1.5. The buyer is obliged to familiarize himself with these terms and conditions of the seller. By placing an order, the buyer accepts these terms and conditions and agrees to their content.
- USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the store's web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The seller can cancel the user account, especially if the buyer does not use his user account for more than a year, or immediately if the buyer violates his obligations under the purchase contract (including business conditions).
2.5. 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 necessary maintenance of hardware and software equipment of third parties.
- CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All the 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 shall not apply. The order is a proposal for concluding a purchase contract.
3.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all other taxes and fees. However, the prices of the goods do not include the costs associated with the delivery of the goods (postage, transport). The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.3. The store's web interface also includes information about costs associated with packaging and delivery. The price of the goods does not include the costs associated with the delivery of the goods.
3.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),
– the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
– information on the costs associated with the delivery of the goods (hereinafter referred to collectively as the “order”).
Correct filling in of contact details is a condition for concluding a purchase contract. In particular, if the e-mail address is entered incorrectly, the seller will not confirm the acceptance of the order, and the buyer is obliged to correct this information properly.
3.5. 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 taking into account 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 the appropriate order button. The data listed in the order they are deemed correct by the seller. By properly completing and sending the order, the buyer confirms, among other things, his agreement with these terms and conditions and with the information and consents contained therein. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address"). If the ordered goods are not in stock, or if it is not possible to meet the specified delivery date, or if for some other reason it is not possible to accept the order, the buyer will be informed of this fact via the buyer's electronic address.
3.6. 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, by phone, via SMS or via double verification).
3.7. The purchase contract between the seller and the buyer is concluded by delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.
- PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
by cashless transfer to the seller's account No.: 4056628073/0800, maintained at Česká spořitelna, or cashless by payment card directly on the website interface;
4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance, nor the case where the buyer has chosen a non-cash transfer to the seller's account or a payment card as a payment method for payment of the purchase price.
4.4. In the case of non-cash payment, the purchase price is payable within five working days from the conclusion of the purchase contract.
4.5. 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 when the relevant amount is credited to the seller's account.
4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply. In the same way, in the case when the buyer has chosen as a payment method for the payment of the purchase price a cashless transfer to the seller's account or a payment card, the goods will be sent only after the purchase price has been credited to the seller's account.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person, among other things.
5.2. If this is not the case mentioned in Article 5.1. or in another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14) days of taking over the goods, while in the event that the subject of the purchase the contract involves several types of goods or the delivery of several parts, this period runs from the date of acceptance 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 e-mail address firstname.lastname@example.org , in the text of which he should write "I hereby withdraw from the contract for the purchase of this product: ...., order number...". The buyer can also send a withdrawal from the purchase contract by correspondence to the address of the seller's place of business or to the seller's e-mail address specified in the contact details in Article 12 of the terms and conditions (hereinafter referred to as the "seller's e-mail address").
5.3. In case of withdrawal from the purchase contract according to Article 5.2. terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the moment of withdrawal from the contract. 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 the usual postal route due to their nature.
5.4. Provisions on the possibility of withdrawing from the purchase contract according to Article 5.2. however, the terms and conditions cannot be understood as the possibility of free loan of goods. In the case of using this right to withdraw from the purchase contract, the buyer must hand over to the seller everything that he obtained on the basis of the purchase contract. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the buyer must provide a monetary compensation for what can no longer be issued. If the returned goods are only partially damaged, the seller can claim damages against the buyer. The buyer is also responsible for the reduction in the value of the goods that occurred as a result of handling the goods in a different way than it is necessary to handle them with regard to their nature and properties in order to familiarize themselves with the nature and properties of the goods, including their functionality.
5.5. In case of withdrawal from the contract according to Article 5.2. terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way as the seller received them from the buyer. If the buyer states his bank account in the notice of withdrawal, the seller will return the funds to the bank account specified by the buyer.
The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, 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 received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.6. The seller is entitled to unilaterally set off against the buyer's claim for a refund of the purchase price a claim for compensation for damage to the goods or other claims against the buyer, if their offsetting is not excluded by law.
5.7. Until the time of acceptance of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time for serious operational reasons (e.g. sudden lack of capacities of the required goods, etc.). In such a case, the seller will return the purchase price to the buyer without undue delay, without 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 discontinuing condition that if the buyer withdraws from the purchase contract according to Article 5.2. terms and conditions, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the gift to the seller together with the goods.
- TRANSPORTATION AND DELIVERY OF GOODS
6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
6.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
- RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by relevant generally binding legal regulations, in particular Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on consumer protection.
7.2. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure, which is an integral part of these terms and conditions.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods at the moment of acceptance of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. Out-of-court handling of consumer complaints is provided by the seller via the seller's electronic address. The seller will send information about handling the buyer's complaint to the buyer's email address.
8.4. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
- PROTECTION OF PERSONAL DATA
9.1. The personal data protection conditions of the buyer who is a natural person can be found here: Personal data protection conditions.
- SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
11.1. The buyer can be delivered to the buyer's electronic address, or to the provided postal address.
- FINAL PROVISIONS
12.1. Relationships not regulated by business conditions are governed by the Civil Code and Act No. 634/1992 Coll., on consumer protection.
12.2. 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. If you are a consumer and the provisions of the legal system of the state of your habitual residence, from which you cannot deviate contractually, provide you with a higher level of protection than the Czech legal system, you are provided with this higher level of protection in legal relations
12.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.5. Contact details of the seller:
address for delivery: Dobrovského 31, 170 00 Prague 7
12.6. Every consumer has the right to an out-of-court resolution of consumer disputes from a purchase contract or from a contract for the provision of services - ADR (alternative dispute resolution). The complete list of out-of-court dispute resolution bodies will be maintained by the Ministry of Industry and Trade: www.mpo.cz/cz/ochrana-spotrebitele/mimosoudni-reseni/. In most cases, this control body is the Czech Trade Inspection: www.coi.cz.
12.7. These terms and conditions become effective on the day they are published on the website and are, in the relevant wording, decisive for all orders made on this day and later. The seller reserves the right to change and supplement these terms and conditions. The new wording of the terms and conditions will be published on the website. On the day of its publication, the validity of the previous terms and conditions is cancelled, however, this does not affect purchase contracts concluded according to the current wording of the terms and conditions.
for e-shop customers: PETEVESELA
The complaints procedure specifies the procedure for the customer and Petra Veselá (hereinafter referred to as the "Seller") in the event that, despite all efforts by the Seller to maintain the highest quality of the offered goods and services, a legitimate reason for a complaint arises on the part of the customer.
- Basic conditions of the complaint
- If a defect occurs with the purchased goods, it is the Seller's interest to provide the customer with such services that this defect is removed in the shortest possible time or otherwise resolved in accordance with this complaint procedure.
- A change (properties) of the goods that occurred during the claim period from liability for defects as a result of improper use or care cannot be considered a defect.
- The customer makes a claim in any of the Seller's sales galleries, or by contacting the Seller directly.
- The authorized employee of the sales gallery or the Seller decides on the acceptance of the complaint immediately.
- The complaint, including the removal of the defect, must be processed no later than 30 days from the date of application of the complaint, unless the Seller and the customer agree on another deadline.
- Deadlines for making a claim
- The customer is obliged to check the purchased goods immediately upon receipt.
- The warranty period for the goods sold is twenty-four months and begins on the day the customer receives the goods.
- Rights from liability for defects of the item for which the warranty period applies shall expire if they were not exercised within the warranty period.
- The customer makes a claim without undue delay after he has had the opportunity to inspect the goods and discover the defect, but no later than within the claim period.
- If the customer's complaint is settled by repairing the goods, the warranty period is extended by the period from the exercise of the right to remove the defect to the time when the customer took over the repaired goods.
- If the customer's complaint is settled by replacing the defective goods with a new one, the new warranty period starts from the day of receipt of the new goods.
III. Method of processing the complaint
If the defective performance is a material breach of the contract, the customer can demand
- free defect removal,
- delivery of a new item without defects, if this is not unreasonable due to the nature of the defect (if the defect concerns only a part of the item, the customer can only request the replacement of the part)
- if it is not possible to deliver a new item without defects, the customer can withdraw from the contract
- if the customer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he can demand a reasonable discount.
If the defective performance is an insignificant breach of contract, the customer can demand
- free defect removal,
- a reasonable discount from the purchase price.
As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the buyer. If the seller does not remove the item's defect in time or refuses to remove the item's defect, the buyer may request a discount from the purchase price, or may withdraw from the contract. The choice made cannot be changed by the buyer without the consent of the seller.
- Complaints when sending goods
- All discrepancies connected with the shipment of goods must be reported exclusively to the address Petra Veselá, Dobrovského 31, 170 00 Prague 7
- When sending goods, it is very rare to encounter the following types of complaints:
- a) defect in the quality of the product or packaging,
- b) damage to goods or packaging during transport,
- c) loss of shipment,
- d) other advertisements.
2A) Recommended customer procedure when complaining about product quality:
- a) send the claimed product or part thereof to the Seller without undue delay,
- b) send a cover letter containing the following data or attachments together with the claimed goods:
– description of the claimed defect,
– a photocopy of the Seller's invoice,
– the customer's return address,
– the customer's request for the method of handling the complaint,
– original signature of the customer.
2B) Customer's recommended procedure in case of damage to goods during transport:
- a) send to the Seller without undue delay a cover letter containing the following data or attachments:
– at least a photograph of the damaged goods (if a photograph is not available, it is necessary to send the broken goods back), for customs purposes, provide information about the price – “free, without commercial value”,
– description and amount of damaged goods,
– a photocopy of the Seller's invoice,
– customer address,
– the customer's request for the method of handling the complaint,
- b) keep damaged goods whose value is higher than CZK 30,000 (EUR 1,200) for a possible inspection by the accident commissioner of the insurance company
2C) Customer procedure in case of loss of a shipment during transport:
In the event that the shipment was not delivered properly and on time (within the specified date) to the customer's address, it is necessary to immediately send a cover letter containing the following data and attachments to the Seller's address:
– identification number of the lost shipment,
– the delivery address of the customer,
- Immediately after receiving the complaint and accompanying documents, the seller informs the customer how and by when his complaint will be processed.
- Non-delivery of the shipment due to the incorrect address given by the customer cannot be considered as a complaint and the customer bears all the costs associated with resending this shipment.
- Final Provisions
The complaints procedure is governed by the relevant provisions of the Civil Code No. 89/2012 Coll., especially § 2161 et seq. and Act No. 634/1992 Coll., on consumer protection. It becomes valid and effective on 30.10.2017.