I. BASIC PROVISIONS
- These general business terms and conditions (hereinafter referred to as the "Business Terms") have been issued in accordance with sec.1751 et seq. of the Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")
- Company ID: 26890771
- Vat No.: CZ26890771
- registered seat: Santražiny 575, 760 01 Zlín
- incorporated in the Regional Court in Brno, file C 42765
- contact data:
- e-mail: firstname.lastname@example.org
- tel.: +420 571 623 624
- web: mumijo.cz
(hereinafter referred to as the "Seller”)
- These Business Terms regulate mutual rights and obligations of the Seller and the natural person who enters into the purchase contract outside its business as a consumer or within its business (hereinafter referred to as the: "Buyer") through the web interface located on the website available at the internet address: mumijo.cz (hereinafter referred to as the "e-shop“).
- Provisions of these Business Terms are the integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these Business Terms.
- These Business Terms and the purchase contract are executed in the Czech language.
II. INFORMATION ABOUT GOODS AND PRICES
- Information about the goods, including prices of individual goods and their main properties, are given for individual goods in the e-shop catalogue. Prices of the goods are stated including the value added tax, all related fees and costs for return of the goods, if the goods cannot be returned, due to their nature, by the usual postal route. Prices of the goods remain valid as long as they are displayed in the e-shop. This provision does not exclude execution of the purchase contract under the individually agreed terms and conditions.
- Presentation of the goods contained in the e-shop catalogue is of informative nature only and the Seller is not obliged to enter into the purchase contract regarding these goods.
- Information about the costs associated with packaging and delivery of the goods is published in the e-shop. Information about the costs associated with packaging and delivery of the goods listed in the e-shop is valid only if the goods are delivered within the territory of the Czech Republic.
- Possible discounts on the purchase price of the goods cannot be combined mutually, unless the agreed otherwise between the Seller and the Buyer.
III. ORDER AND EXECUTION OF THE PURCHASE CONTRACT
- The costs incurred by the Buyer, using distance communication in connection with execution of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the Buyer himself. These costs do not differ from the basic rate.
- The Buyer orders the goods in the following ways:
- through his customer account – in case of his previous registration in the e-shop,
- by filling in the order form without registration trace.
- When placing the order, the Buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
- Prior to dispatching the order, the Buyer is allowed to check and change the data he has entered in the order. The Buyer shall send the order to the Seller by clicking on the “Send Order” button. The data contained in the order are considered correct by the Seller. The necessary precondition for validity of the order is filling-in of all mandatory data in the order form and confirmation of the Buyer that he has been familiarized with these Business Terms.
- Immediately after receiving the order, the Seller shall send the Buyer confirmation of receipt of the order to the e-mail address that the Buyer has entered when ordering. This confirmation is automatic and is not considered execution of a contract. The valid Business Terms of the Seller are attached to the confirmation. The purchase contract is executed only after acceptance of the order by the Seller. The notice of receipt of the order is delivered to the Buyer's e-mail address.
- If any of the requirements specified in the order cannot be met by the Seller, the latter shall send the amended offer to the Buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is executed upon the Buyer's confirmation of acceptance of this offer to e-mail address of the Seller specified in these Business Terms.
- All orders accepted by the Seller are binding. The Buyer can cancel the order until the Buyer is not delivered notice of receipt of the order by the Seller. The Buyer can cancel the order by phone to the phone number or e-mail of the Seller shown in these Business Terms.
- In case of an obvious technical error made by the Seller when showing price of the goods in the e-shop or during ordering, the Seller is not obliged to deliver the goods to the Buyer for this obviously incorrect price, even if the Buyer was sent automatic confirmation of receipt of the order according to these Business Terms. The Seller shall inform the Buyer about the error without undue delay and shall send the amended offer to the Buyer to his e-mail address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is executed upon the Buyer’s confirmation of acceptance of this offer to the e-mail address of the Seller.
IV. CUSTOMER ACCOUNT
- Based on the Buyer's registration made in the e-shop, the Buyer can access his customer account. The Buyer can order goods from his customer account. The Buyer can also order goods without any registration.
- When registering in the customer account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer shall update the data specified in the user account in case of any change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
- Access to the customer account is secured by the username and password. The Buyer shall maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible anyhow for possible misuse of the customer account by third parties.
- The Buyer is not entitled to allow use of his customer account by the third parties.
- The Seller may cancel the user account, especially if the Buyer no longer uses his user account, or if the Buyer violates his obligations under the purchase agreement or these Business Terms.
- The Buyer acknowledges that the user account may not be available around the clock, especially with regard to necessary maintenance of hardware and software equipment of the Seller and/or necessary maintenance of third party hardware and software.
V. PAYMENT TERMS AND GOODS DELIVERY
- Price of the goods and possible costs connected with delivery of the goods under the purchase agreement can be paid by the Buyer in the following ways:
- cashless transfer to the bank account of the Seller No. 35-6798170267/0100 (IBAN: CZ6201000000356798170267), held by Komerční banka, a.s.,
- cash on delivery upon delivery of the goods,
- in cash or by a credit card in case of personal collection of the goods in the point of consignment dispensing service Zásilkovna.
- Together with the purchase price, the Buyer is obliged to reimburse the Seller the costs connected with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with delivery of the goods.
- In case of payment in cash, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 3 days after execution of the purchase contract.
- In case of cashless payment, the Buyer's obligation to settle the purchase price is fulfilled and met when the Seller's bank account is credited by the relevant amount.
- The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not understood the advance payment.
- According to the Act on the Registration of Sales, the Seller shall issue a sales slip to the Buyer. At the same time, the Seller shall register the received revenue with the tax administrator online, in case of a technical failure, within 48 hours at the latest
- The goods are delivered to the Buyer:
- to the address specified by the Buyer in the order
- to the address of the consignment service station specified by the Buyer,
- The method of delivery is chosen, when ordering the goods.
- The costs for delivery of the goods, depending on the method of dispatch and receipt of the goods, are specified in the Buyer's order and in the order confirmation by the Seller. If the mode of transport is agreed on the basis of a special Buyer’s request, the Buyer bears the risk and possible additional costs associated with this mode of transport.
- If, according to the purchase contract, the Seller shall deliver the goods to the place specified by the Buyer in the order, the Buyer shall take over the goods upon delivery. If, for the reasons attributable to the Buyer, it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer shall pay the costs associated with repeated delivery of the goods and/or the costs associated with another method of delivery.
- Upon acceptance of the goods from the carrier, the Buyer shall check intactness of the goods packages and notify the carrier immediately in case of any defect. If damage of the package is revealed which indicates unauthorized penetration into the shipment, the Buyer is not obliged to take over the shipment from the carrier.
- The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the Buyer's e-mail address.
- The Buyer shall acquire title to the goods upon settlement of the full purchase price for the goods, including the delivery costs, but no sooner than upon acceptance of the goods.
- Responsibility for accidental destruction, damage or loss of the goods shall pass to the Buyer upon receipt of the goods or at the moment when the Buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
VI. WITHDRAWAL FROM THE CONTRACT
- The Buyer who has executed the purchase contract outside his business as a consumer is entitled to withdraw from the purchase contract.
- The term for withdrawal from the contract is 14 days
- from the date of acceptance of the goods,
- from the date of acceptance of the last delivery of the goods, provided that several kinds of goods or delivery of several parts are the subject of the contract,
- from the date of acceptance of the first delivery of the goods, provided that regular repeated delivery of the goods is the subject of the contract.
- The Buyer may not, inter alia, withdraw from the purchase contract
- on provision of services, if they were fulfilled with his prior express consent before expiry of the period for withdrawal from the contract, and the Seller informed the Buyer prior to executing the contract that in this case the latter is not entitled to withdraw from the contract,
- on delivery of goods or services, the price of which depends on fluctuations in the financial market, independently on the Seller’s will and which may occur during the period for withdrawal from the contract,
- on delivery of alcoholic beverages, which may be delivered only after expiry of thirty days and the price of which depends on fluctuations in the financial market independently on the Seller’s will,
- on delivery of the goods that have been modified according to the Buyer’s wishes or for himself,
- on delivery of perishable goods as well as of the goods which have been irretrievably mixed with other goods after delivery,
- on delivery of the goods in a closed package, which the Buyer took out of the package and for hygienic reasons it cannot be returned,
- on delivery of an audio or video recording or a computer program if their original package was damaged,
- on delivery of newspapers, periodicals or magazines,
- on delivery of a digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the Buyer before expiry of the withdrawal period, and the Seller informed the Buyer prior to executing the contract that in this case the latter is not entitled to withdraw from the contract,
- in other cases specified in sec. 1837 of the Civil Code.
- To comply with the withdrawal period, the Buyer shall send a statement of withdrawal within the withdrawal period.
- To withdraw from the purchase contract, the Buyer can use the standard form for withdrawal from the contract provided by the Seller. Withdrawal from the purchase contract shall be sent by the Buyer to the e-mail or delivery address of the Seller specified in these Business Terms. The Seller shall confirm receipt of the form to the Buyer without undue delay.
- The Buyer who has withdrawn from the contract shall return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs associated with return of the goods to the Seller, even if the goods cannot be returned due to their nature by regular mail.
- If the Buyer withdraws from the contract, the Seller shall return to him immediately, but no later than within 14 days of withdrawal from the contract, all the funds, including the delivery costs, which the Seller received from the Buyer, namely in the same way. The Seller will return the received money to the Buyer in another way only if the Buyer agrees and if he does not incur any additional costs.
- If the Buyer selected the method other than the cheapest method of delivery of the goods offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the offered cheapest method of delivery of the goods.
- If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods or proves that he has sent the goods to the Seller.
- The goods must be returned by the Buyer to the Seller undamaged, unpacked, unworn and uncontaminated and, if possible, in the original packaging. The Seller is entitled to setoff unilaterally the right to compensation for damage to the goods against the Buyer's right to refund of the purchase price.
- The Seller is entitled to withdraw from the purchase contract due to sold out stock, unavailability of the goods, or if the producer, importer or supplier of goods has interrupted production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and returns - within 14 days of notification of withdrawal from the purchase contract – all the funds, including the delivery costs received from the Buyer under the contract, namely in the same way or in the way specified by the Buyer.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
- The Seller is responsible towards the Buyer that upon acceptance the goods are free from any defects. In particular, the Seller is responsible towards the Buyer that at the time when the Buyer have accepted the goods
- the goods have the characteristics agreed upon by the parties hereto and, in absence of such an agreement, the goods have the features described by the Seller or the producer or the features which the Buyer expected with regard to the nature of the goods and on the basis of their advertising,
- the goods are fit for the purpose stated by the Seller for their use or for which the goods of this type are usually used,
- the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
- the goods are in the appropriate quantity, measure or weight, and
- the goods comply with requirements of the legal regulations.
- The Seller has the obligations from defective performance at least within the extent, within which the obligations from defective performance of the producer persist. The Buyer is otherwise entitled to exercise the right arisen from the defect that occurs in the consumer goods, namely within twenty-four months of acceptance.
- Where the sold goods, their packaging, instructions accompanying the goods (package insert) or advertising indicate - in accordance with other legal regulations - the time period during which the goods may be used, the provisions of the guarantee for quality shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that the goods will retain their usual properties and features. If the Buyer has rightly criticized the Seller for the defect of the goods, neither the period for exercising the rights arising from the defective performance nor the warranty period run for the time period during which the Buyer cannot use the defective goods.
- The provisions shown in the preceding section of the Business Terms shall not apply to the goods sold at a lower price for the defect for which a lower price has been agreed, for wear and tear caused by their normal use, in case of the used goods - for the defect corresponding to the degree of use or wear which the goods had when accepted by the Buyer, or if it follows from the nature of the goods. The right from defective performance is not vested to the Buyer, if the latter knew - prior to accepting the goods - that the goods had a defect, or if the Buyer himself caused the defect.
- In case of a defect, the Buyer can submit a complaint to the Seller and request
- replacement for new goods,
- repair of the goods,
- reasonable discount from the purchase price,
- withdrawal from the contract.
- The Buyer is entitled to withdraw from the contract
- if the goods have a significant defect
- if the item cannot be used properly due to recurrence of the defect or defects after repair,
- in case of a larger number of defects in the goods.
- Breach of the contract is material if the party to the breach already knew or should have known at the time the contract was executed that the other party would not have entered into the contract if it could or had foreseen the breach.
- In case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to elimination of the defect or a reasonable discount on the purchase price.
- If a remediable defect occurs repeatedly after repair (usually a third claim for the same defect or a fourth claim for different defects) or if the goods have a large number of defects (usually at least three defects simultaneously), the Buyer has the right to claim a discount on the purchase price, replacement of the goods or withdrawal from the contract
- When raising a complaint, the Buyer shall inform the Seller which right he has chosen. Change of option without the consent of the Seller is possible only if the Buyer has requested repair of a defect that proves to be irreparable. If the Buyer fails to choose his right following from the material breach of the contract in due time, he has the same rights as in the case of a minor breach of the contract.
- If repair or replacement of the goods is not possible, based on withdrawal from the contract, the Buyer may claim refund of the purchase price in full.
- If the Seller proves that the Buyer knew about the defect of the goods before accepting the goods or even caused it by himself, the Seller is not obliged to comply with the Buyer's claim.
- The Buyer cannot claim the discounted goods for the reason for which the goods have been discounted.
- The Seller shall accept the complaint in any point of sale, where acceptance of the complaint is possible, or in the registered seat or place of business. The Seller shall issue a written confirmation to the Buyer about when the Buyer exercised the right, what is the content of the complaint and what method of settling the complaint is required by the buyer, as well as confirmation of the date and method of settlement of the complaint, including confirmation of repair and its duration and/or written substantiation for rejection of the complaint.
- The Seller or an employee authorized by him shall decide the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for professional assessment of the defect. Complaints, including elimination of the defects, must be settled immediately, no later than within 30 days from the date of the raised complaint, unless the Seller and the Buyer agree on a longer period. Expiration of this period in vain is considered a material breach of contract and the Buyer is entitled to withdraw from the purchase contract. The moment of the raised claim is considered to be the moment when expression of the Buyer’s will (exercise of the right from defective performance) is submitted to the Seller.
- The Seller informs the Buyer in writing about the result of the complaint.
- The right from defective performance is not vested to the Buyer, if the Buyer knew prior to accepting the thing that the thing had a defect, or if the Buyer caused the defect by himself.
- In case of a justified complaint, the Buyer has the right to reimbursement of purposefully incurred costs arisen in connection with the complaint. This right has to be exercised by the Buyer with the Seller within one month after expiry of the warranty period, otherwise the court may not admit it.
- The Buyer has the choice of the method of complaint.
- The rights and obligations of the contracting parties arising from the defective performance are governed by sec. 1914 to 1925, sec. 2099 to 2117 and sec. 2161 to 2174 of the Civil Code and by the Act No. 634/1992 Coll., On Consumer Protection.
- The contracting parties may communicate all written correspondence to each other by electronic mail.
- The Buyer delivers correspondence to the Seller’s e-mail address specified in these Business Terms. The Seller delivers correspondence to the Buyer’s e-mail address specified in his customer account or in the order.
IX. PERSONAL DATA
- The complete information provided by the Buyer in cooperation with the Seller is confidential and shall be treated as such. If the Buyer does not give written permission to the Seller, the latter may use the Buyer's data only for the purpose of performance under the contract, except for the e-mail address to which commercial communications may be sent, as this procedure is allowed by the legislation unless rejected explicitly. This communication may only concern similar or related goods and may be unsubscribed at any time in a simple way (by sending a letter, e-mail or by clicking on the relevant link in the commercial communication). The e-mail address will be kept for this purpose for the period of 3 years from execution of the last contract between the contracting parties.
X. OUT-OF-COURT RESOLUTION OF DISPUTES
- The competent Czech Trade Inspection Authority with its registered office Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the purchase contract.
- The European Consumer Centre Czech Republic with its registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and on amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on Online Consumer Dispute Resolution).
- The Seller is entitled to sell goods on the basis of a trade license. Trade license control is performed within the scope of its competence by the relevant trade licensing office. Within a limited extent, the Czech Trade Inspection Authority also supervises compliance with the Act No. 634/1992 Coll., On Consumer Protection.
XI. FINAL PROVISIONS
- All agreements between the Seller and the Buyer are governed by the legislation of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties have agreed that the relationship is governed by the law of the Czech Republic. The consumer's rights arising from the generally binding legal regulations are not affected anyhow.
- The Seller is not bound by any codes of conduct in relation to the Buyer pursuant to provisions of sec. 1826 (1) (e) of the Civil Code.
- All rights to the Seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, are vested to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller is not responsible for the errors caused by third party interventions into the e-shop or as a result of its use contrary to its purpose. When using the e-shop, the Buyer may not apply the procedures that could adversely affect its operation and may not perform any activity that could allow (him or third parties) unauthorized interfering or unauthorized using the software or other components representing the e-shop, and use the e-shop or its parts or software contrary to its determination or purpose.
- The Buyer hereby assumes the risk of change of the circumstances pursuant to sec. 1765 (2) of the Civil Code.
- The purchase contract, including the Business Terms, is archived by the Seller in the electronic form and is not available.
- Wording of the Business Terms may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arisen during the period of validity of the previous version of the Business Terms anyhow.
- The Model Form for Withdrawal from the Contract is attached to these Business Terms.
These Business Terms become effective on 01.05.2020.