I. Basic Provisions
1. These General Terms and Conditions (the "Terms and Conditions") are issued under Art. 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) and Act No. 634/1992 Coll., on the Protection of the Consumer, as amended (hereinafter referred to as the "Act") for the Company:
identification No.: 08119244
tax identification No.: CZ08119244
seated at: Na Hutích 756/12
registered with the Municipal Court in Prague, Section C, Insert 313080 contact details: Ing. Marie Dernovšková
phone +420 605295057
(hereinafter referred to as the "Seller")
- These Terms and Conditions govern the reciprocal rights and obligations of the Seller and the natural person who concludes the Purchase Agreement outside his / her business as a consumer or in the course of his / her business (hereinafter referred to as the "Buyer") via a web interface located on the website available at www.surfchix.eu. (hereinafter referred to as the "e-shop").
- The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Derogations in the Purchase Agreement take precedence over the provisions of these General Terms and Conditions.
- The Purchase Agreement and the Terms and Conditions are written in the Czech language.
II. Information on Goods and Prices
- Information about the goods including the indication of the prices of the individual goods and their main characteristics are given for each item in the catalog of the e-shop. The prices of the goods include VAT, all related fees and the cost of returning the goods if - given their very nature – the goods cannot be returned by the usual postal shipment. The prices of the goods remain valid for as long as they are displayed in the e-shop. This provision does not preclude the entering into a Purchase Agreement under individually agreed conditions.
- All product presentations placed in the catalog of the e-shop are of an informative nature and the Seller is not required to enter into the Purchase Agreement regarding a product.
- Information on packaging and delivery costs is available at the website of the e-shop.
- Discounts (if any) off purchase price of the goods cannot be combined unless otherwise agreed by the Seller with the Buyer.
III. Order and Entering into the Purchase Agreement
- The costs incurred by the Buyer for the use of means of distance communication in connection with the entering into the Purchase Agreement (internet connection costs, telephone costs) shall be paid by the Buyer itself. These costs do not differ from the base rate.
- The Buyer orders goods in the following ways:
- using its customer account provided it has previously registered itself in the e-shop,
- by filling in the order form without a registration.
IV. Customer's Account
- Based on the registration of the Buyer made in the e-shop, the Buyer can access its customer account. The Buyer can order goods from their customer account. The Buyer can also order goods without registration.
- When registering for a customer account and ordering goods, the Buyer is required to provide correct and true information. The information specified in the customer account shall be updated by the Buyer regularly. The information given by the Buyer in the customer account is considered correct by the Seller when the Buyer is ordering goods.
- Access to the customer account is secured by a username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access its customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Buyer is not authorized to allow the use of their customer account by third parties.
- The Seller can cancel a customer account especially if the Buyer does not use their customer account for a longer period of time or if the Buyer violates their obligations under the Purchase Agreement and under these General Terms and Conditions.
- The Buyer acknowledges that the customer account may not be available continuously, especially due to the necessary maintenance of the hardware and software equipment of the Seller or any necessary maintenance of third party hardware and software equipment.
V. Payment Terms and Delivery of Goods
- The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer in the following ways:
- by wire transfer to the bank account of the Seller No. 2712271297/5500, kept with Raiffeisen Bank.
- by credit card
- by wire transfer to the account of the Seller through the payment gateway.
- Together with the purchase price, the Buyer is obliged to pay to the Seller costs associated with packaging and delivery of the goods at an agreed rate. Unless expressly stated otherwise below, the purchase price shall be understood to include also the costs associated with the delivery of the goods.
- In the case of wire transfer, the purchase price is payable within 5 days of the date of the Purchase Agreement.
- In the case of payment via the payment gateway, the Buyer follows the instructions of the respective electronic payment provider.
- In the case of wire transfer, the obligation of the Buyer to pay the purchase price shall be met at the moment when the relevant amount is credited to the bank account of the Seller.
- The Seller does not require any advance payment nor another similar payment from the Buyer in advance. Payment of the purchase price before shipment is not considered a deposit.
- Goods are delivered to the Buyer:
- to the address specified by the Buyer in the order
- through the dispatch office to the address of the dispenser facility designated by the Buyer.
- The delivery method is selected during the ordering process.
- The cost of delivery of the goods depending on the method of dispatch and receipt of the goods is specified in the order of the Buyer and in the order confirmation by the Seller. In case the mode of transport is negotiated on the basis of a special request of the Buyer, the Buyer carries the risk and any additional costs associated with such a mode of transport.
- If the Seller is required by the Purchase Agreement to deliver the goods to the location specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. In the event that the goods have to be delivered repeatedly or in any other way than stated in the order for reasons on the side of the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with other means of delivery.
- Upon receipt of the goods from the courier, the Buyer is obliged to check the integrity of the packaging of the goods and to notify the courier immediately in case of any defects. In the case of finding out any damage to the package indicating unauthorized opening of the shipment, the shipment does not have to be accepted by the Buyer from the courier.
- The Seller issues a tax document - invoice to the Buyer. The tax document is sent to the e-mail address of the Buyer.
- 1The Buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs.
- 1Liability for accidental destruction, damage or loss of goods passes to the Buyer at the moment of receipt of the goods or at the moment when the Buyer had the obligation to take over the goods but did not do so contrary to the Purchase Agreement.
VI. Withdrawal from the Contract
- A Buyer who has concluded the Purchase Agreement outside his/her business activities as a consumer has the right to withdraw from the Purchase Agreement.
- The period for withdrawal shall be 14 days from the date of receipt of the goods. The Buyer cannot withdraw from the Purchase Agreement:
- regarding delivery of goods that have been customized for the Buyer,
- in other cases mentioned in Art. 1837 of the Civil Code.
- To comply with the deadline for withdrawal from the contract, the Buyer shall send a statement on withdrawal within the deadline for withdrawal from the contract.
- For withdrawal from the Purchase Agreement, the Buyer can use the sample form for withdrawal from contract provided by the Seller. Withdrawal from the Purchase Agreement will be sent by the Buyer to the e-mail or delivery address of the Seller listed in these General Terms and Conditions. The Seller confirms acceptance of the form to the Buyer immediately.
- A Buyer who has withdrawn from the contract shall return the goods to the Seller within 14 days from withdrawal from the contract. The Buyer bears the cost of returning the goods to the Seller even if the goods cannot be returned by the usual postal shipment.
- If the Buyer withdraws from the contract, the Seller will return all funds, including delivery costs, received from the Buyer immediately but no later than within 14 days from withdrawal, in the same manner. The Seller will return to the Buyer funds received in a different way only if the Buyer agrees to it and does not incur additional costs thereby.
- If the Buyer choses a different delivery method than the cheapest delivery method offered by the Seller, the Seller shall repay to the Buyer the cost of delivering the goods at the rate corresponding to the cheapest delivery method.
- If the Buyer withdraws from the Purchase Agreement, the Seller is not required to return to the Buyer the received monies before the Buyer hands over the goods or proves that the goods have been sent to the Seller.
- The Buyer shall return the goods to the Seller undamaged, not worn out and clean and in the original packaging (if possible). The Seller is entitled to unilaterally set off its claim for damages to the goods against the claim of the Buyer to the refund of the purchase price.
- 1The Seller is entitled to withdraw from the Purchase Agreement because of depleted stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of the goods. The Seller shall promptly inform the Buyer thereon using the e-mail address specified in the order and shall return the monies within 14 days of notification of withdrawal from the Purchase Agreement, including the delivery costs received by it under the contract, in the same manner or the manner determined by the Buyer.
VII. Rights Following from Defective Performance
- Rights and obligations regarding defective performance shall be governed by the applicable laws, in particular by Art. 1914 thru 1925, Art. 2099 thru 2117 and Art. 2161 thru 2174 of the New Civil Code and by Act No. 634/1992 Coll., on the Protection of the Consumer.
- The Seller is liable towards the Buyer that the goods have no defects on receipt. In particular, the Seller provides assurances to the Buyer that at the time the Buyer receives the goods:
- the goods have properties that the parties have agreed upon, and if there is no such agreement, they have the features that the Seller or the manufacturer has described or that the Buyer has expected with regard to the nature of the goods and the advertising published by them,
- the goods are fit for the purpose indicated by the Seller or for which goods of this kind are usually used,
- the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
- the goods are in adequate quantity, measure or weight,
- the goods comply with legal requirements.
- If a defect occurs within six months from acceptance of the goods by the Buyer, it is deemed that the goods were already defective upon receipt. The Buyer is entitled to exercise its right following from defect that occurs in consumer goods during twenty-four months of acceptance thereof. This provision shall not apply to goods sold at a lower price because of a defect for which the lower price has been agreed, to any wear and tear of the goods caused by its normal use, for any used goods to a defect corresponding to the degree of use or wear that the goods had upon receipt by the Buyer, or is this follows from the nature of the goods.
- In the event of a defect, the Buyer may file a claim with the Seller and request:
- exchange for new goods,
- repair of goods,
- a reasonable discount off the purchase price,
- withdrawal from the contract.
- The Buyer has the right to withdraw from the contract,
- if the goods have a substantial defect,
- if the item cannot be used properly for recurring defects or defects that occur after repair,
- in case of a greater number of defects of the goods.
- The Buyer has the right to raise a claim when a defect occurs. In this case, the Buyer shall send the goods in question with a description of the defect to the address of the seat of the Seller (cf. the warranty claim form). The Seller shall issue a written confirmation to the Buyer on when the Buyer has exercised the right, what is listed in the warranty claim and what manner of handling of the warranty claim the Buyer requires, as well as a confirmation of the date and manner of handling of the warranty claim, including confirmation of repair being carried out and its duration, or a written justification of a rejection of the warranty claim. The written form is complied with when an e-mail message is sent pursuant to Article VIII. of these General Terms and Conditions.
- The Seller shall decide on each claim immediately, or within three business days in complex cases. This period does not include the period of time appropriate to the type of product if additional time is required for expert assessment of the defect. All claims - including removal of defects - must be handled promptly but solved no later than 30 days from the date of the warranty claim, unless the Seller agrees with the Buyer to a longer period of time. When this period expires in vain, it is considered a material breach of the contract and the Buyer has the right to withdraw from the Purchase Agreement. The moment of raising a warranty claim is the moment when the Buyer delivers its claim (exercise of the rights following from defective performance) to the Seller.
- The Seller informs the Buyer in writing on the result of each warranty claim investigation.
- The rights following from defective performance do not arise to the Buyer if the Buyer knew before the acceptance of the goods that the goods had a defect or if the Buyer caused the defect itself.
- In the case of a legitimate warranty claim, the Buyer has the right to be reimbursed for the reasonable costs incurred in connection with the application of the warranty claim. This right may be claimed by the Buyer with the Seller within one month of the expiry of the warranty period.
- The choice of handing the warranty claim is up to the Buyer.
- The parties can deliver all written correspondence via e-mail.
- The Buyer delivers correspondence to the Seller to the e-mail address specified in these General Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in his/her customer account or order.
IX. Out-of-court Dispute Resolution
- The Czech Trade Inspection with its registered office at Štěpánská 567/15, 120 00 Prague 2, identification No.: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for any out-of-court settlement of consumer disputes under the Purchase Agreement. 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 a Purchase Agreement.
- The European Consumer Center Czech Republic with its registered office at Štěpánská 567/15, 12000 Prague 2, web address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Online Dispute Resolution Regulation).
- The Seller is authorized to sell the goods on the basis of a trade license. Trade licensing oversight is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority performs, to a limited extent, supervision of compliance with Act No. 634/1992 Coll., on the Protection of the Consumer.
X. Final Provisions
- All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic, even if the relationship established by the Purchase Agreement contains an international element. If a translation of the text of the contract is drafted for the use by the Buyer, then in the event of a dispute regarding the interpretation of the terms, the Czech version of the contract prevails. This does not affect the rights of the consumer resulting from generally binding legal regulations.
- The Seller is not bound by any codes of conduct within the meaning of Art. 1826 Sec. 1 (e) of the Civil Code in relation to the Buyer.
- All rights to the website of the Seller, in particular the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and features belong to the Seller. It is forbidden to copy, edit or otherwise use the website or any part of it without the permission of the Seller.
- The Seller is not liable for errors resulting from interference of third parties into the e-shop or as a result of its use contrary to the purpose thereof. When perusing the e-shop, the Buyer shall not apply any practices that could adversely affect its operation and shall not engage in any activity that might allow the Buyer or third parties to tamper with or allow unauthorized use of the software or other components of the e-shop nor shall the Buyer use the e-shop, any parts thereof and any software in a way that is inconsistent with its purpose.
- The Buyer hereby assumes the risk of changing circumstances within the meaning of Art. 1765 Sec. 2 of the Civil Code.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The Buyer grants permission to the Seller to process his/her personal data in order to meet the obligations arising from the contractual relationship between them and to send commercial communications and other marketing activities.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
- An integral part of the Terms and Conditions is:
- sample form for withdrawal from contract
- sample form for applying of a warranty claim
- conditions of personal data protection according to GDPR.
These General Terms and Conditions become effective on 1 June 2019.