Terms and Conditions

TERMS AND CONDITIONS

trading company Chlupatý mazel s.r.o., with registered office at Sládkova 372/8, 702 00 Ostrava, identification number: 14230194 registered in the commercial register maintained by the Regional Court in Ostrava, section C, insert 88348 for the sale of goods through an online store located at the internet address www. chlupatymazel.cz

INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Chlupatý mazel s.r.o., with registered office at Sládkova 372/8, 702 00 Ostrava, identification number: 14230194, registered in the commercial register maintained by the Regional Court in Ostrava, section C, insert 88348 (hereinafter only the "seller") regulate the mutual rights and obligations of the contracting parties arising in connection with or on based on the purchase contract (hereinafter referred to as the "purchase contract") concluded 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 www.chlupatymazel.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
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.
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.
The terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.


USER ACCOUNT
Based on the buyer's registration done on the website, the buyer can access its user interface. From his user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
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 given 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.
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.
The buyer is not authorized to allow the use of the user account by third parties.
The seller can cancel the user account, especially if the buyer does not use his user account for more than 6 months, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
The buyer acknowledges that the user account may not be available 24/7, especially due 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
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 provision of § 1732, paragraph 2 of the Civil Code does not apply.
The store's web interface contains information about the goods, including the prices of the individual goods and the cost of returning the goods, if the goods, by their nature, cannot be returned by the usual postal route. Product prices are inclusive of value added tax and all related charges. Product prices remain in effect for as long as they are displayed on the store's web interface. The prices of goods are not adjusted to the person of the buyer on the basis of automated decision-making. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods, as well as the method and time of delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. In the event that the seller offers free shipping of goods, the buyer must pay the minimum total purchase price of the shipped goods in the amount specified in the store's web interface for the right to free shipping of goods. In the event that the buyer partially withdraws from the purchase contract and the total purchase price of the goods for which the buyer did not withdraw from the contract does not reach  the minimum amount required for the right to free transportation of goods according to the previous sentence, the buyer's right to free transportation of goods ceases and the buyer is obliged to pay for the transportation of goods to the seller.
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),
method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
Before sending the order to the seller, the buyer is allowed to check and change the input data that the buyer has entered in the order, also taking into account the possibility of the buyer 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 "Complete order binding for payment" button. The data listed in the order they are deemed correct by the seller. 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").
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 phone).
The contractual relationship between the seller and the buyer is established by the 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.
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
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:
in cash at the seller's premises;
cash on delivery at the place specified by the buyer in the order;
by cashless transfer to the seller's account No. 6141731349 / 0800, maintained at the company Česká spořitelna a.s. for payment in CZK, or to the seller's account No. 2095705263 / 0800, maintained at the company Česká spořitelna a.s. for payment in EUR (hereinafter referred to as "seller's account");
cashless by payment card;
Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the following refers to the purchase price and the costs associated with the delivery of the goods.
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.
In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of concluding the purchase contract, but before the goods are shipped.
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.
The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 6), to demand payment of the entire purchase price before sending the goods to the buyer. The provision of § 2119, paragraph 1 of the Civil Code does not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
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 a VAT payer. 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
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 manufactured according to the buyer's requirements or adapted to his personal needs,
perishable goods or goods with a short shelf life, as well as goods that, due to their nature, have been irretrievably mixed with other goods after delivery,
goods in sealed packaging which for health or hygiene reasons are not suitable for return after being breached by the buyer, and
If it is not a case mentioned in Article 1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has, in accordance with § 1829 paragraph 1 and paragraph 2 of the Civil Code, the right to withdraw from the purchase contract

you withdraw within fourteen (14) days from the day on which the buyer or a third party designated by him other than the carrier transports the goods, or:
the last piece of goods, if the buyer orders several pieces of goods in one order, which 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 stipulates regular delivery of goods for an agreed period.
Withdrawal from the purchase contract must be sent to the seller within the period specified in Article 2 of the terms and conditions. To withdraw from the purchase contract, the buyer can send, among other things, to the address of the seller's place of business or to the seller's e-mail address info@chlupatymazel.cz.
In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The buyer shall send or hand over the goods back to the seller without undue delay, no later than fourteen (14) days after withdrawal from the contract, unless the seller has offered to collect the goods himself. The period according to the previous sentence is preserved 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, due to their nature, cannot be returned by regular mail.
In the case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the withdrawal from the purchase contract by the buyer, in the same way as the seller received them from 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 to this and it does not incur additional costs for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer until the seller receives the goods or until the buyer proves to him that he has sent the goods back, whichever occurs first.
The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 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 acceptance of the goods by the buyer. In such a case, the seller will refund the purchase price to the buyer without undue delay, without cash to the account specified by the buyer.
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 severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return, together with the goods to the seller, gift given.


TRANSPORTATION AND DELIVERY OF GOODS
In the event that the mode of transport is contracted based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
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.
In the event that, 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 the repeated delivery of the goods, or costs associated with another delivery method.
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, to notify the carrier immediately. In the case of finding a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the rights of the buyer from liability for product defects and other rights of the buyer arising from generally binding legal regulations.
Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.


RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller responds 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
it is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
The seller responds to the buyer that, in addition to the agreed properties:
the thing is suitable for the purpose for which the thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
thing by quantity, quality and other properties, including durability, functionality, compatibilityity and security, corresponds to the usual characteristics of things of the same kind that the buyer can reasonably expect, even with regard to public statements made by the seller or another person in the same contractual chain, in particular advertising or labeling, unless the seller proves that he was not aware of it or that he was in modified at the time of the conclusion of the purchase contract in at least a comparable way as it was done, or that it could not have influenced the purchase decision,
the item is supplied with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect, and
the item corresponds to the quality or design of the sample or template that the seller provided to the buyer before concluding the purchase contract.
The provisions of Article 3 of the terms and conditions shall not apply if the seller has separately notified the buyer before concluding the purchase contract that some property of the item is different and the buyer has expressly agreed to this when concluding the purchase contract.
The seller is also liable to the buyer for a defect caused by incorrect assembly or installation, which was carried out by the seller or under his responsibility according to the purchase contract. This applies even if the assembly or installation was carried out by the buyer and the defect occurred due to a lack of instructions provided by the seller or the provider of the digital content or digital content service, in the case of a thing with digital properties.
If a defect becomes apparent within one year of receipt, it is considered that the item was already defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the period during which the buyer cannot use the item, if he has justly complained about the defect.
The buyer can point out a defect that appears on the item within two years of receipt. If it is to be fulfilled for a period longer than two years, the buyer has the right from a defect that occurs or manifests itself during this time. If the buyer complains to the seller about a defect, the period for pointing out the defect in the item does not run for the period during which the buyer cannot use the item.
If the item has a defect, the buyer can request its removal. According to his choice, he can demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this will be assessed in particular with regard to the importance of the defect, the value that the item would have without the defect and whether the defect can be removed in a second way without significant difficulties for the buyer. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the item would have without the defect.
The seller will remove the defect within a reasonable time after it is pointed out so that it does not cause significant difficulties for the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item. To remove the defect, the seller will take over the item at his own expense.
The buyer may request 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 Article 7.9 of the terms and conditions,
the defect manifests itself 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 remedied within a reasonable time or without significant inconvenience to the buyer.
If the item defect is insignificant, the buyer cannot withdraw from the purchase contract (in the sense of Article 7.10 of the terms and conditions); it is considered that the defect is not insignificant. If the buyer withdraws from the purchase contract, the seller will return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves to him that he has sent the item.
The defect can be blamed on the seller from whom the item was purchased. However, if another person is appointed to perform the repair, who is at the seller's place or at a place closer to the buyer, the buyer will point out the defect to the person appointed to carry out the repair.
With the exception of cases where another person is appointed to carry out the repair, the seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its headquarters. The seller is obliged to issue a written confirmation to the buyer when making a claim, in which he will state the date when the buyer made the claim, what it contains, what method of handling the claim the buyer requires and the buyer's contact details for the purpose of providing information on handling the claim. This obligation also applies to other persons designated to carry out the repair.
The complaint, including the removal of the defect, must be processed and the buyer must be informed about it no later than thirty (30) days from the date of the claim, unless the seller and the buyer agree on a longer period.
After the expiration of the period according to Article 7.14 of the terms and conditions, the buyer may withdraw from the purchase contract or request a reasonable discount.
The seller is obliged to issue to the buyer a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
The buyer can specifically exercise rights from liability for product defects in person, by phone at +420 721 553 782, or by e-mail at info@chlupatymazel.cz.
Whoever has a right from defective performance is also entitled to compensation for the costs purposefully incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period in 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.
Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
The seller or another person can also provide the buyer with a quality guarantee in addition to his legal rights from defective performance.


OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1820 paragraph 1 letter n) of the Civil Code.
The seller handles consumer complaints via e-mail. Complaints can be sent to the seller's email address. The seller will send the information about handling the buyer's complaint to the buyer's email address. Other rules for dealing with complaints are not set by the seller.
Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.
The European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
The buyer can file a complaint with a supervisory or state supervisory authority. 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. To a limited extent, the Czech Trade Inspection supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.
The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.


PROTECTION OF PERSONAL DATA
Your information obligation towards the buyer in the sense of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) ( hereinafter referred to as the "GDPR regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller's public obligations is fulfilled by the seller by means of a special document.


SENDING COMMERCIAL MESSAGES AND STORING COOKIES
The buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (the Act on certain services of the information society), as amended, to the sending of business communications by the seller to an electronic address or to the buyer's phone number. The seller fulfills its information obligation towards the buyer in the sense of Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending commercial messages through a special document.
The seller fulfills its legal obligations related to the potential storage of cookies on the buyer's device by means of a special document.


DELIVERY
The buyer can be delivered to the buyer's email address.


FINAL PROVISIONS
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 by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
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.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
Contact details of the seller: Address of the registered office: Sládkova 372/8, 702 00 Ostrava, e-mail address info@chlupatymazel.cz, telephone +420 721 553 782.

In Ostrava on 5 January 2023