These Terms and Conditions (hereinafter also referred to as “T&C”) apply to the purchase of goods in the e-shop at http://www.neviditelnepradlo.cz. The operator of the e-shop and the supplier of the offered goods is Chupr s.r.o., company ID: 01610139, address Rozšířená 2037/23, Praha 8, Czech Republic, registered in the Commercial Register administered by the Municipal Court in Prague, Section C, File 209050 (hereinafter referred to as the “Seller”).
The Buyer is a natural person and/or a legal entity and is designated as such in a properly filled-in ordering form of the www.neviditelnepradlo.cz system.
The goods – the subject of performance – i.e. the assortment currently offered by the Seller´s company in its e-shop, specified through the order or, as the case may be, through a draft purchase contract, and a purchase contract.
The Terms and Conditions below define and specify the rights and obligations of the Seller and the Buyer.
Through ordering the goods and submitting the order, the Buyer confirms that the Buyer is familiar with full wording of the Terms and Conditions (T&C), that its content is known and clear to him/her, is aware of all effects of the provisions, and that he/she explicitly agrees with them in the wording that is valid and effective at the moment of submitting the order.
The Buyer is aware that no rights arise as regards the use of registered trademarks, utility models, and trade names through the purchase of the goods that are on the Seller´s offer.
The Buyer agrees with the use of remote communication means while concluding the purchase contract. The costs arisen to the Buyer during the use of the remote communication means in association with conclusion of the purchase contract shall be borne by the Buyer.
According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. He is also obliged to register a revenue received online at the tax administrator; in case of technical failure, then within 48 hours.
Buyer agrees to get receipts by e-mail.
The Buyer submits a proposal for concluding the purchase contract by submitting the order (i.e. adding goods to a virtual shopping cart and sending the order), the Seller shall immediately confirm receipt of the order to the e-mail address specified by the Buyer in the order whereas the confirmation does not represent acceptation of the proposal to conclude the purchase contract. The purchase contract is concluded upon acceptation of the proposal for concluding the purchase contract from the side of the Seller whereas the acceptation is considered sending goods from the side of the Seller to the Buyer or explicit acceptation of the proposal to conclude the purchase contract from the side of the Seller via e-mail.
Among others, the Seller reserves the right to cancel the order or its part before concluding the purchase contract in case that the goods are no longer supplied or the price of the goods supplier has significantly changed. In case that the Buyer has already paid part of or the entire purchase price, the amount will be transferred back to the Buyer´s bank account and the contract will not be concluded.
The contract may only be amended or cancelled by agreement of the Parties or for legitimate reasons. Any agreement on the change of the content of the concluded purchase contract can only be made on grounds of full and unconditional consent of the Parties with all conditions of such an agreement.
The rights and obligations that are not explicitly regulated by the T&C shall be governed exclusively by the Czech law, namely the Civil Code 89/2012, and associated regulations. The Contracting Parties have also agreed that the Czech law is the governing law for the solution of litigations, if any.
The Seller obliges through the purchase contract that it will ensure for the Buyer the delivery of the goods that are subject of the purchase and will enable the Buyer to acquire the title to the goods, and the Buyer obliges to pay purchase price to the Seller and take over the goods.
The Seller reserves the title to the goods, i.e. that the Buyer becomes the owner of the goods at the moment of their takeover if the condition of the payment of full purchase price is fulfilled. If the Seller delivers more goods than agreed, the purchase contract is concluded also for the excessive quantity unless the Buyer rejects it without undue delay.
The Seller shall hand over the subject of the sale to the Buyer in agreed quantity, quality, and make.
The Seller shall wrap the goods as customary; in a way that is required to preserve and protect the goods. The Buyer is obliged to take over and pay the goods. Upon failure to take over and pay the ordered goods from the side of the Buyer, the Seller is entitled to request payment of postage and packing from the Buyer.
The risk of damage shall pass to the Buyer upon the goods takeover.
All prices indicated on http://www.cupradlo.cz are including the statutory VAT. All prices apply until further notice or while supplies last. The price indicated in the confirmed order is binding for both Parties. The consignment shall include a proper invoice with the price of the goods + charged shipping costs. The goods are shipped as early as possible after ordering.
The ordered goods are sent via Czech Post (Česká pošta) or PPL. Shipping fees (postage, packing, cash-on-delivery) will be added to the price of the ordered goods. The amount of the fees is dependent on the payment and transport method chosen by the customer during the purchasing process in the e-shop.
The Buyer is obliged to check with the hauler the condition of the consignment (integrity of the consignment) immediately after delivery.The Buyer is entitled to reject the takeover of the consignment if not in accordance with the purchase contract by being for example incomplete or damaged. If the Buyer takes over such a damaged consignment from the hauler, the damage needs to be described in the hauler´s takeover report. Information about incomplete or damaged consignment needs to be immediately sent to the Seller´s e-mail address, a report claim has to be written with the hauler and sent immediately to the Seller´s e-mail address. Additional complaint as regards incompleteness or external damage to the consignment does not relieve the Buyer from the right to claim the goods, but enables the Seller to prove that it is not in conflict with the purchase contract.
The goods are defective if they are missing the agreed properties. A defect is also considered the delivery of different goods.
The Buyer´s title from defective performance arises by the defect that the goods have at the moment of the transfer of the risk of damage to the Buyer even if discovered later. The Buyer shall inspect the goods immediately after taken over and shall make sure about their properties and quantity.
The Seller shall provide guarantee for the quality of the goods to the Buyer-consumer which guarantee applies to production defects and shall last 24 months from the delivery of the goods. The Seller obliges through the quality guarantee that the goods will be eligible for use for the usual purpose or that it will keep usual properties; the invoice serves as the guarantee certificate.
The guarantee does not apply to:
The Buyer-consumer is entitled to apply the right of defects that appear in the goods within twenty-four months from the takeover and the Buyer–other entity (not a consumer) within six months from the takeover. If the defective performance is a material breach of the contract, the Buyer is entitled (regardless of whether the defect is removable or irremovable) to:
Material breach of the contract is a breach when the breaching party knew or must have known already at the moment of concluding the contract that the other Party would not enter into the contract if it anticipated the breach.
In case of a defect that means minor breach of the contract (regardless of whether the defect is removable or irremovable), the Buyer is entitled for removal of the defect or appropriate discount from the purchase price.
The Buyer can neither withdraw from the contract nor request delivery of a new item if the Buyer cannot return the goods in the condition in which he/she received them.
The rights and obligations of the Contracting Parties regarding rights from defective performance shall be governed by respective generally binding regulations (especially the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of Act No. 89/2012 Coll., of the Civil Code), if these are not the conditions for the Buyer–other entities (not consumers) that govern these T&C in explicitly different manner.
The Buyer is obliged to apply a claim at the Seller in writing to the Seller´s e-mail or address of its registered office without undue delay from the discovery of the fault. The Buyer shall always append the claimed goods to the claim as a registered letter or a parcel to the Seller´s address; in the consignment, the Buyer shall provide the reason for the claim, address, and copy of the document on acquiring the claimed goods from the Seller. The claimed goods sent cash on delivery will not be accepted. Only clean goods can be accepted for claim for hygienic reasons.
The Buyer is obliged to notify the Seller on what right he/she chose in the notification of the defect, or without undue delay after announcement of the defect. If the Buyer does not choose his/her right from material breach of the contract on time, he/she loses the right to withdraw from the contract and has the rights as in the case of minor breach of the contract.
The 30-day time period to handle a claim shall start from handover/delivery of goods to the Seller. The Seller undertakes to inform the Buyer on the settlement of the claim through an e-mail message.
Unused and undamaged goods can be replaced for other type of goods; in such a case the Buyer shall send the goods through a registered parcel (not cash on delivery) to the Seller´s address. The costs associated with the replacement shall be fully borne by the Buyer.
Spotřebitel v pozici kupujícího má právo odstoupit od smlouvy bez udání důvodu ve lhůtě 14 dnů ode dne převzetí zboží, přičemž odstoupení od smlouvy musí spotřebitel zaslat prodávajícímu písemně na adresu Chupr s.r.o., Rozšířená 2037/23, 182 00 Praha 8 nebo e-mailem firstname.lastname@example.org. The consumer as the Buyer is entitled to withdraw from the contract without giving any reason within 14 days from the day of the goods handover whereas the consumer shall send the withdrawal to the Seller in writing to the address Chupr s.r.o., Rozšířená 2037/23, 182 00 Praha 8 or by e-mail to email@example.com. The Buyer shall send or hand over the withdrawal to the Seller within the 14-day period so as to comply with the deadline for the withdrawal, the withdrawal needs to be sent to the Seller before the end of the said time period. In the same time period, the Buyer shall send or hand over the purchased goods to the Seller. The goods that the Buyer returns to the Seller shall be complete, undamaged, clean (unwashed, not ironed) including original package with original identification goods label, in condition and value in which he/she took the goods over; the goods has to show no signs of wear or damage. The Buyer shall not send the goods to the Seller cash on delivery, the Seller will not accept such goods. The costs of returning the goods shall be borne by the Buyer.
In the case of the Buyer´s withdrawal, the Seller shall return the amount that fully complies with the price of goods and paid costs for its delivery within 14 days from the withdrawal or after the return of goods respectively. If the returned goods are damaged through the breach of the Buyer´s obligations, the Seller is entitled to apply the title to compensation for reduced value of the goods towards the Buyer and offset it against the returned amount. In case that the Buyer is not a consumer it is not possible to withdraw from the contract.
All personal data that are conveyed to the Seller shall not be provided to third parties or other entities without the Buyer´s consent and will be handled in compliance with Act No. 101/2000 Coll., on personal data protection. By providing his/her personal data, the Buyer provides his/her consent with their processing and legitimate use.