TERMS AND CONDITIONS
with registered office at Blatného 1846/23, 616 00 Brno-Žabovřesky,
identification number: 07018461,
registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 105664
for the sale of goods through an online store located at www.bemine-underwear.com
1. 1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms") of BeMine sro, registered office at Blatný 1846/23, 616 00 Brno-Žabovřesky, identification number: 07018461, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 105664 hereinafter referred to as the "Seller") shall govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties on the basis of a sales contract (the "Purchase Agreement") concluded between the seller and another physical person (hereinafter referred to as the "buyer") via the seller's internet shop. The e-shop is operated by the seller on a web site located at www.bemine-underwear.com (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the shop").
1.2. 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.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in Czech or, in English language. The purchase contract can be concluded in the Czech language, in English language.
1.5. 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.
2. USER ACCOUNT
2.1. Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months or if the buyer violates his obligations under the purchase contract (including business terms).
2.6. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software of third parties.
3. CLOSING OF THE BUILDING AGREEMENT
3.1. All presentations of the goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods can not be returned by their normal postal route. Goods prices are listed including 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.
3.3. The store's web interface also includes information on the cost of packaging and delivering goods.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
3.4.1. ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
3.4.3. information on the costs associated with the supply of goods (collectively referred to as "the order").
3.5. 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 errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "Order with an obligation to pay" button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail, to the buyer's email address listed in the user account or in the order (hereinafter referred to as the "buyer's electronic address").
3.6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.7. 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.
3.8. 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. In the case of remote means of communication from a country other than the Czech Republic, the basic rate may differ, according to the purchaser's own conditions set up by its operator or provider of internet connection,
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The buyer may pay the buyer the following goods in the following manner: a) the price of the goods and any costs associated with the delivery of the goods under the purchase contract;
· cash in cash at the place specified by the buyer in the order;
· Cashless transfer to Seller's account No. 1025935536/6100, filed with Equa Bank a.s. (hereinafter referred to as the "Seller Account");
· non-cash via the Pay Pay system;
· Credit card non-cash.
4.2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of 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.
4.3. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days of the purchase contract being concluded.
4.5. In the case of non-cash payment by "transfer to account", the buyer is obliged 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.
4.6. The Seller is entitled, in particular, in the event that the buyer does not receive an additional confirmation of the order (Article 3.6), 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.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue an invoice to the buyer in respect of payments made under the purchase contract. The seller is not a taxpayer of value added tax. The invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.
4.9. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE BUYER'S CONTRACT
5.1. The Buyer notes that under Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish or for him, from the purchase contract for the delivery of perishable goods, after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the supply of a sound or image recording or a computer program, packaging.
5.2. If the case is not referred to in Article 5.1 of the Commercial Terms and Conditions or in another case when the contract of sale can not be withdrawn, the Buyer shall withdraw the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, up to 14 ) from the date of receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the sales contract may be made by the buyer, inter alia, to the address of the seller's office or to the email address of the seller at firstname.lastname@example.org.
5.3. In the case of withdrawal from the purchase contract according to Art. 5.2 of the Business Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller by the seller within 14 (14) days of receipt of the withdrawal from the sales contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal route.
5.4. In the event of withdrawal from the Purchase Agreement in accordance with Clause 5.2 of the Business Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring 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 shows that the goods have been dispatched to the seller.
5.5. The Seller is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by credit card to the buyer's account.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
6. TRANSPORT AND SUPPLY OF GOODS
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. 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.
6.3. 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.
6.4. 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.
6.5. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.
6.6 If the consumer-buyer does not pick up ordered goods, this is a gross violation of the purchase contract. In this case, the seller has the right to compensation for the damage incurred. This is a damage to the amount of paid postal, paid duties and paid bank charges.
The Seller is entitled to pay the damages incurred from the funds for the paid order.
In the above case, due to non-receipt of ordered goods, the seller has the right to withdraw from the contract. The day of withdrawal is the date on which the seller accepts an unsold order.
7. RIGHTS OF FAULT FULFILLMENT
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Consumer Protection Act 634/1992 Coll. as amended).
7.2. 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:
7.2.1. 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,
7.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
7.2.3. 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,
7.2.4. the goods are in the appropriate quantity, degree or weight and
7.2.5. goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Business Terms and Conditions do 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 the goods due to its normal use, buyer, or if it results from the nature of the goods.
7.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
7.5. Rights of defective performance are claimed by the buyer at the seller's address at the registered office of the company, at the address specified in the Seller's Claim Form.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
8.3. Consumer complaints are handled by the seller through the electronic address email@example.com. Buyer information will be sent to the buyer's electronic address.
8.4. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://www.coi.cz/en/information-about-adr/, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line).
8.6. 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.
8.7. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing 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 purposes of negotiations on the purchase contract and for the fulfillment of the public obligations of the seller, is fulfilled by the seller through a special document.
10. SENDING BUSINESS DATA AND STORAGE COOKIES
10.1. The Buyer agrees, within the meaning of Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, by sending commercial communications to Seller at an electronic address or the buyer's phone number. The information obligation towards the buyer, within the meaning of Article 13 of the GDPR, related to the processing of buyer's personal data for the purpose of sending commercial communications, is fulfilled by the seller through a special document.
10.2. 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 stored on the purchaser's computer, the buyer may withdraw the consent under the previous sentence at any time.
11.1. The buyer may be delivered to the buyer's electronic address.
12. FINAL PROVISIONS
12.1. 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. By choosing the right under the previous sentence, a buyer who is a consumer is not deprived of the protection afforded to him by provisions of the legal order from which he can not be contracted and which would otherwise apply in the absence of choice of law under Article 6 (1) (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. 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.
12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. The Attachment on Business Terms and Conditions is a sample withdrawal form from the sales contract.
12.5. Contact details of the seller: Delivery address Blatného 1846/23, 616 00 Brno-Žabovřesky, e-mail address firstname.lastname@example.org.
In Brno on 15.10.2018 Managing Director of BeMine s.r.o.
A sample withdrawal form from the sales contract here.