Remon by Rebeka Monhartová
Rebeka Heimlich Monhartová
with registered office at Otínská 569/12, 153 00, Praha – Radotín
registered in the Trade Register maintained by the office in the city district of Prague 16, as a natural person acting under the Trade Licensing Act, not registered in the Commercial Register,
goods sold through the online store located at http://www.remonbyrebeka.com
1. Introductory provisions
- These General Business Terms and Conditions (hereinafter referred to as the “Business Terms”) by Remon by Rebeka Monhartová with registered office at Otínská 569/12, 153 00, Praha – Radotín, identification number: 0512208, registered in the Commercial Register maintained by the Prague 16 only the “Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”) the mutual rights and obligations of the parties arising out of or in connection with the Purchase Agreement (“Purchase Agreement”) concluded between the Seller and another individual (the “Buyer”) through the Seller’s Internet Store. The e-shop is operated by the seller on a web site located at http://www.remonbyrebeka.com (hereinafter referred to as the “Website”) via the web interface (hereinafter referred to as the “web interface of the shop”).
- Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
- Provisions derogating from the terms and conditions may be negotiated in the sales contract. Different arrangements in the sales contract take precedence over the provisions of the terms and conditions.
- Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are drawn up in the English and Czech language. The purchase contract can be concluded in the English and Czech language.
- The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- All presentations of goods placed at the website of the shop are informative and the seller is not obliged to make a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
- The store’s website contains information about the merchandise, including the prices of individual goods. Goods prices include value added tax and all related fees. Product prices 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 for individually negotiated terms.
- The store’s website also includes information on the cost of packaging and delivering goods.
- To order the goods, the buyer completes the order form at the website of the store. The order form contains, in particular, information about:
- ordered goods
- personal details of the buyer
- the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
- information on the costs associated with the supply of goods (collectively referred to as “the order“).
- Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer’s ability to identify and correct the mistakes that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the “ORDER” button. The data listed in the order are deemed as correct by the seller.
- Submitting an order is considered to be such an act of the buyer, which undoubtedly identifies the goods ordered, the purchase price, the buyer, the method of payment of the purchase price, and is a binding contract proposal for the parties. The condition for the validity of the order is to fill in all required data in the order form, familiarize yourself with these terms and conditions on the website and confirm of the buyer that he has become acquainted with these terms and conditions.
- The Seller will acknowledge receipt to the buyer by e-mail to the buyer’s email address listed in the user interface or in the order (hereinafter referred to as the “buyer’s electronic address“).
- The seller is always entitled to ask the buyer for additional order confirmation (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transportation costs).
- The draft purchase order in the form of an order is valid for fifteen days.
- The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail, to the buyer’s e-mail address.
- In case, that any of the requirements specified in the order can not be met by the seller, he will send the buyer, to the buyer’s electronic address, a modified offer indicating possible variants of the order and request the buyer’s opinion.
- The amended offer is considered as a new draft Purchase Agreement, and the Purchase Agreement is then closed after the Buyer accepts it by electronic mail.
- The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
3. Price of goods and payment terms
- The buyer may pay the buyer the following goods in the following manner (The price of the goods and any costs associated with the delivery of the goods under the purchase contract):
- in cash and by credit or debit card at the registered office of the seller at Otínská 569/12, 153 00 Praha – Radotín;
- cash on delivery at the place specified by the buyer in the order;
- by money transfer to seller’s account No. 3011615063/0800, maintained with Česká spořitelna (hereinafter referred to as the “Seller Account“);
- by money transfer from a foreign account to the IBAN account: CZ45 0800 0000 0030 1161 5063, BIC (SWIFT) GIBACZPX, registered with Česká spořitelna (hereinafter referred to as the “Seller Account“)
- non-cash via the http://www.paypal.com payment system;
- Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
- The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
- In the case of cash payment, credit and debit card 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 payable within 5 days of the purchase contract being concluded. In this case, the production of the product starts on the day the payment is received. The delivery time is calculated from the date on which the payment is credited to the seller’s account.
- In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
- Seller is entitled, in particular, if the buyer does not receive additional confirmation of the order (Article 8), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
- Any discounts on the price of goods provided by the seller to the buyer can not be combined.
- If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the purchaser in respect of payments made under the purchase contract. The seller is not a taxpayer of value added tax. Tax document – The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
4. Withdrawal from the sales contract
- The Buyer notes that, under Section 1837 of the Civil Code, not only can he withdraw from the Purchase Contract:
- the delivery of goods which has been adjusted according to the buyer’s wish or for his person
- If it is not the case referred to in Article 1 or another case where the contract can not be withdrawn from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, within 14 (four) days of the takeover goods, where several types of goods or several parts are subject to a purchase contract, this period shall expire from the date of the last delivery of the goods. Withdrawal from the sales contract must be sent to the seller within the deadline specified in the previous paragraph. Withdrawal from the sales contract may be made by the buyer, inter alia, to the dealer’s address or firstname.lastname@example.org’s e-mail address.
- Withdrawal from the sales contract may be sent by the buyer to the seller’s address. The provisions of Article 11 of these Terms and Conditions apply to the service of withdrawal. The seller shall acknowledge receipt of the buyer without undue delay in the form of the text.
- In case of withdrawal from the purchase contract under Art. 2 of the Commercial Terms, the purchase contract is canceled from the beginning. Goods must be returned to the Seller within 14 (fourteen) days of withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the buyer, even if the goods can not be returned by their normal postal means.
- In the case of cancellation under Article 2 of the Terms and Conditions, the seller shall return the funds received from the Buyer within 14 (fourteen) days from the date of withdrawal from the Purchase Agreement in the same way as the Seller has received from the Purchaser. The seller is also entitled to return the performance provided to the buyer upon return of the goods to the purchaser or otherwise, provided the buyer agrees and does not incur additional costs to 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 or proves that the goods have been dispatched to the buyer.
- The right to compensation for damages incurred on the goods is the seller’s right to unilaterally offset against the buyer the right to a refund of the purchase price.
- Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the sales contract at any time. In such a case, the seller shall return the buyer price without undue delay to the buyer and to the account specified by the buyer.
- If a gift is provided to the buyer together with the goods, the donation agreement between the seller and the buyer is concluded with the provision that, in the event of withdrawal from the buyer’s purchase contract, the gift agreement expires on such donation and the buyer is obliged to return the goodsand the gift.
5. Carriage and delivery of goods
- If the type of delivery is agreed upon by a buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
- If, for reasons of buyer’s need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
- Upon receipt of the goods from the transporter, 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 without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
6. Rights of defective performance
- The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
- The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
- the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
- the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
- the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
- the goods are in the appropriate quantity, degree or weight and
- goods comply with legal requirements.
- The provisions referred to in Article 2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of goods caused by their normal use, buyer, or if it results from the nature of the goods.
- If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.
- Rights of defective performance are claimed by the buyer at the seller at his / her establishment, where acceptance of the complaint is possible with regard to the range of goods sold, eventually even at the registered office or place of business. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.
- Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s claim rules.
7. Other rights and obligations of the parties
- The buyer acquires ownership of the goods by paying the full purchase price of the goods
- The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1) e) the Civil Code.
- The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes under the purchase contract
- The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
- The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
8. Sending business messages and storing cookies
- Buyer agrees to recieve information related to the seller’s goods, services or business to the buyer’s electronic address.
- Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller’s obligations under the purchase contract are fulfilled without the so-called cookies being deposited on the purchaser’s computer, the buyer may withdraw the consent under the previous sentence at any time.
- Notices relating to the relationship between the seller and the buyer, particularly regarding the withdrawal from the sales contract, must be delivered by post in the form of a registered letter unless otherwise specified in the sales contract. The notifications are delivered to the respective contact address of the other party and are deemed to have been delivered and effective at the time of their delivery via mail, except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent to the buyer within the withdrawal period.
- A receipt is also deemed to have been delivered, the receipt of which has been rejected by the addressee, which was not picked up during storage or returned as undeliverable.
- The parties may deliver a regular correspondence to each other by e-mail, to the e-mail address indicated in the buyer’s user account or the specified buyer in the order, respectively. to the address given on the Seller’s website.
10. Final Provisions
- If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.
- If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- Contact information of the seller: delivery address Otínská 569/12, 153 00, Praha – Radotín, e-mail address email@example.com, phone 00420 607 529 335.
In Prague on 1st of July 2016