These terms and conditions (hereinafter referred to as the "terms and conditions") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The internet shop is operated by the seller on a website located at the internet address www.zolamadein.com (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "shop web interface").
Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
Conclusion of the purchase contract
Information about the goods, including the prices of individual goods and their main properties are given for individual goods in the online store catalogue. Prices are presented including all taxes (eg VAT) and fees, except for the cost of delivery of goods. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
To order the goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
The ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store)
The method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. the buyer sends the order to the seller by clicking on the "confirm order" button. The data provided in the order are considered correct by the seller.
Dispatch of the order is considered to be an act of the buyer that unequivocally identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the parties. the condition for the validity of the order is the completion of all mandatory data in the order form, acquaintance with these terms and conditions on the website and confirmation of the buyer that he has read these terms and conditions.
Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
In the event that any of the requirements specified in the order cannot be met by the seller, it will send the buyer an amended offer to the buyer's e-mail address stating possible variants of the order and request the buyer's opinion.
The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded only by acceptance of the buyer by e-mail.
Based on the buyer's registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
When registering in the customer's account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event 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's account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not entitled to allow the use of the customer account to third parties.
The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates its obligations under the purchase agreement and these terms and conditions.
The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
Delivery of goods
The seller will ship the goods to the buyer complete, no later than 5 working days from the confirmation of the order, unless the individual goods specify a different delivery time. the buyer is obliged to take over and pay for the goods. the buyer is advised to inspect the goods as soon as possible upon receipt.
The invoice for the goods the seller will send to the buyer immediately after receipt of the goods, no later than two days after receipt of the goods by the consumer.
If the buyer so requests, the seller shall confirm to him in writing the extent and duration of his obligations arising from defective performance and how the buyer may exercise the rights arising therefrom.
The goods can be delivered via the Czech Post, PPL, GLS, Zasilkovna courier services.
Cancellation of the order and withdrawal from the contract
The buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of goods or payment. this period is intended to acquaint the buyer to a reasonable extent with the nature, properties and functionality of the goods. the buyer is entitled to withdraw from the contract at any time before delivery of the goods. withdrawal from the contract will be sent by the buyer to the seller electronically to the address specified in the contacts within 14 days. the buyer does not have to state the reason for withdrawing from the contract. to facilitate communication, it is appropriate to state the date of purchase or the number of the contract / sales document, bank details and the chosen method of returning the goods in the withdrawal. the seller is obliged to return to the buyer the amount fully corresponding to the price of the goods and the paid costs for its delivery within 14 days of withdrawal from the contract, in the same way as he received payment from the buyer. no later than the same period, the buyer is obliged to send or hand over the purchased goods to the seller. the goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, must not show signs of wear or damage. the cost of returning the goods is borne by the buyer. if the returned goods are damaged by a breach of the buyer's obligations, the seller is entitled to claim from the buyer compensation for the reduction in the value of the goods and set it off against the amount returned.
Rights and obligations from defective performance
If the received goods have defects (eg do not have agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are not complete, do not correspond to its quantity, measure or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of goods, for which the seller is responsible. the buyer may claim from the seller, at the latest within two years from receipt of the goods, at his request, the right to free removal of the defect or a reasonable discount on the price; if this is not disproportionate to the nature of the defect (especially if the defect cannot be eliminated without undue delay), the requirement to deliver a new item without defects may be applied. if repair or replacement of the goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full. within six months of receipt of the goods, it is presumed that the defect in the goods already existed at the time of receipt of the goods. the seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect of the goods before taking over or caused it himself. for used second-hand goods, the seller is not liable for defects corresponding to the degree of previous use or wear. legal rights from defects the seller is responsible for defects arising after receipt of the goods within a 24 month warranty period. within this period, the buyer may file a complaint and, at his option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable): elimination of the defect by delivering a new item without defects free defect repair reasonable discount from the purchase price refund of the purchase price on the basis of withdrawal from the contract material is a breach of contract of which the breached party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if he had foreseen such breach. in the case of a defect which means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to rectify the defect or a reasonable discount on the purchase price. if a remediable defect has occurred repeatedly after repair (third claim for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects at the same time), the buyer can claim a discount on the purchase price, exchange goods or withdraw from the contract . the seller is not responsible for defects caused by normal wear and tear or non-compliance with the instructions for use.
Settlement of complaints
The buyer is obliged to file a complaint with the seller without undue delay from the discovery of the defect. the buyer files a claim for the goods electronically and should provide his contact details, a description of the defect and a request for the method of handling the claim.
The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). the deadline for settling the complaint runs from the handover / delivery of the goods to the seller. the goods should be packed in suitable packaging during transport to prevent damage, they should be clean and complete.
The seller is obliged to immediately, no later than within three working days, decide on the complaint, or that a professional assessment is required for the decision. information on the need for expert assessment to the buyer within this period. Complaints, including the elimination of defects, the seller will handle without undue delay, no later than 14 days from its application, unless they agree in writing with the buyer on a longer period. after this period, the buyer has the same rights as if it were a material breach of contract.
If the seller refuses to eliminate the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.
The warranty period is extended by the time from the claim to its settlement or until the time when the buyer was obliged to pick up the item. if the goods are exchanged, the seller's liability applies as if it were a purchase of new goods.
The seller undertakes to inform the buyer about the settlement of the complaint according to his request by e-mail.
In the case of a justified complaint, the buyer is entitled to compensation for the costs expediently incurred.
Mutual disputes between the seller and the buyer are resolved by ordinary courts.
The seller undertakes to seek, as a matter of priority, out-of-court settlement of disputes with the buyer, unless the buyer rejects them.
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These Terms and conditions are valid as stated on the Seller's Website on the day of order confirmation, unless otherwise agreed between the participants in writing. If he sends the order after the day on which the Terms and conditions was changed, the Terms and conditions is already valid in the current version.
The Seller is entitled to change these Terms and condition at its discretion, with the proviso that the change of the Terms and condition will always be published on the Website, resp. the Terms and condition will always be listed in the current version on the page.
Contact detailsThe seller and operator of the online store is:
registered office: Korunní 2569/108, Prague 10, Czechia
Email address: email@example.com
natural person registered in the Trade Register of the Office of the Prague City District 7.