I. INTRODUCTORY PROVISIONS
- These terms and conditions (hereinafter referred to as "Terms and Conditions") legal entity, the company M.E.G dream s.r.o., IČO 04626168, VAT number CZ04626168, with registered office at Libušina 514/34, Karlovy Vary 36 001, registered at the Regional Court in Pilsen, under file number C 32031 (hereinafter referred to as "the seller"), regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "OZ") mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as "purchase contract") concluded between the seller and a natural person in the position of a consumer, a natural person or a legal entity (hereinafter referred to as "purchaser") through the seller's online store. The online store is operated by the seller on a website located at the Internet address https://megbiobachovky.cz (hereinafter "Website"), through the website interface (hereinafter referred to as "web store interface“).
- For the purposes of these terms and conditions, a consumer is any person who enters into a contract with the seller or deals with him in any other way outside the scope of his business activity or outside the scope of the independent exercise of his profession.
- Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
- The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
- The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
II. PURCHASE AGREEMENT AND ITS CONCLUSION
- All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732, paragraph 2 of the Civil Code do not apply.
- The store's web interface contains information about goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
- The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods.
- To order goods, the buyer takes the following steps:
- the buyer puts the selected goods into the electronic shopping basket of the store's web interface;
- fills out the order form (national, address for order delivery, telephone number and e-mail);
- further chooses the method of payment of the purchase price of the goods and the method of delivery of the ordered goods from the offered options;
- in the event that the buyer places an order for goods after prior consultation with the seller's sales representative, he may enter the identification number of the sales representative in the field;
(these steps hereafter together as "order“).
- The buyer sends the order to the seller by clicking the "Order" button. The data listed in the order they are deemed correct by the seller. 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 order (hereinafter referred to as "e-mail address of the buyer“).
- 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 phone).
- The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is immediately sent by the seller to the buyer by e-mail, to the e-mail address of the buyer. Along with this identification, the seller also sends the buyer payment information to pay for the order. The seller will only subsequently start the production or distribution of the ordered products for the buyer.
- The seller is obliged to deliver the goods specified in the purchase contract, except in the case that these goods are not in stock.
- The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
III. TRANSPORTATION AND DELIVERY OF GOODS
- The goods that are in stock at the seller are usually shipped within 10 (in words: ten) days from the day the payment is credited to the seller's account.
- Goods that are not in stock and goods that must be produced individually for the buyer are usually dispatched by the seller within 14 (in words: fourteen) days from the day the payment is credited to the seller's account. The seller will inform the buyer about the exact date in the acceptance e-mail according to Article II. paragraph 7 of these terms and conditions.
- Delivery of goods according to these terms and conditions means the moment when the order is delivered to the buyer. If the buyer unreasonably refuses to accept the order, this fact is not considered a failure to fulfill the obligation to deliver the goods on the part of the seller, nor a withdrawal from the contract on the part of the buyer.
- When taking over the goods from the carrier, the buyer is obliged to check the integrity of the package of the shipment and, in the event of any damage, to report this to the delivering carrier, who will write a report on the damage to the shipment with him on the spot. In case of major damage to the shipment or unauthorized intrusion into the shipment, which is obvious, the buyer does not have to take over the shipment from the carrier. The buyer is obliged to open and check the contents of the shipment within 1 working day after receipt, and in case of missing part or all of the products, damage to part or all of the products, immediately notify the seller of this electronically (email@example.com) ideally with accompanying photos that demonstrate both possible damage to the package of the shipment and possible damage to the products. The seller, if such a procedure is allowed by the carrier, will forward the claim to the carrier on the basis of documents from the buyer and will replace the damaged products to the buyer by agreement.
- Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
IV. PURCHASE PRICE AND PAYMENT TERMS
- Given that the goods offered on the seller's web interface are usually produced individually for each buyer and are not in stock, the seller requires payment for the goods and any costs associated with the packaging and delivery of the goods according to the purchase contract (hereinafter referred to as the "purchase price") even before production and sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code do not apply.
- The price of the goods and any costs associated with the packaging and delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:
- by transfer to the seller's account No. 300409959/0300 held at ČSOB, a.s., IBAN CZ54 0300 0000 0003 0040 9959, SWIFT CEKOCZ under the variable symbol, which is the order number;
- cashless via connected payment systems – the ČSOB payment gateway.
- In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase contract. The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
- Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount.
- In the event that any item of the order is unavailable, the seller informs the buyer of this fact within two working days using the buyer's electronic address or by telephone. The buyer can then decide whether he wants to replace the order item with another item, or whether he wants to return the funds paid for the order item to the seller. In the event that the buyer decides to return the funds for the paid item of the order, the seller will send the funds back to the account from which they were credited, within 5 working days from the date of the buyer's written request.
- Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
- If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document - the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address after picking up/delivery of the order.
- The seller reserves the right to correct the price of the goods before sending the goods, if he discovers that the goods were offered at an incorrect price. In such a case, the buyer must be informed of the correct price and the buyer must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be canceled by the seller.
V. WITHDRAWAL FROM THE PURCHASE AGREEMENT
- The Seller explicitly points out that the provisions of this Article V, Paragraphs 2 to 7 listed below apply only to the Buyer as a consumer.
- The consumer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that has been modified according to his wishes or for another person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that was mixed with other goods after delivery, further from the purchase contract for the supply of goods in closed packaging that the consumer removed from the packaging and cannot be returned for hygienic reasons (for example, necessities for babies and mothers) and from the purchase contract for the supply of cosmetic and other goods, which has been irretrievably opened or damaged by opening or used.
- The consumer also acknowledges that most of the products offered on the website are manufactured individually directly for the individual buyer, based on his order, and these products are subject to a short shelf life (approx. 8 weeks). The consumer is therefore aware that it is not possible to withdraw from the purchase contract in accordance with the previous paragraph of these terms and conditions.
- If this is not a case where it is not possible to withdraw from the purchase contract, the consumer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Commercial Code, within fourteen (14) days of taking over the goods, while in the event that the subject in the purchase contract there are several types of goods or the delivery of several parts, this period runs from the date of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
- In the case of withdrawal from the purchase contract according to Article V, paragraph 2 of these terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned or sent to the seller within fourteen (14) days of withdrawal from the contract, while each separate order made by the consumer is considered a separate purchase contract and the consumer must withdraw from each of these contracts separately if he wishes. If the consumer withdraws from the purchase contract, the consumer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
- In the event of withdrawal from the contract according to Article V, paragraph 2 of these terms and conditions, the seller will return the funds received from the consumer within fourteen (14) days of withdrawal from the purchase contract by the consumer, either by bank transfer to an account provided by the consumer or in another way, how the seller received them from the consumer, for example through a payment gateway, if the consumer agrees to this and it does not incur additional costs for the consumer. If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer before the consumer returns the goods to him or proves that he sent them to the seller.
- Until the buyer pays the entire purchase price, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the paid part of the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
- The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods due to the buyer's fault against the buyer's claim for a refund of the purchase price.
- If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.
VI. LIABILITY FOR DEFECTS, WARRANTY, COMPLAINTS
- The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant 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 that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
- the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
- the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model, the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
- Provisions referred to in Article VII. paragraph 2 of these terms and conditions shall not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer , or if it follows from the nature of the goods.
- Further rights and obligations of the parties related to the seller's liability for defects are governed by the Complaints Rules, which are attached to these terms and conditions.
VII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
- The buyer acknowledges that the software and other components making up the store's web interface (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the web interface of the store.
- When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the store. The web interface of the store can only be used to the extent that it does not infringe on the rights of other customers of the seller and that is in accordance with its purpose.
- The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to their purpose.
- Out-of-court handling of consumer complaints is provided by the seller through an electronic address firstname.lastname@example.org. The seller will send information about handling the buyer's complaint to the buyer's email address.
- The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
- The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Code of Civil Procedure.
VIII. PROTECTION OF PERSONAL DATA, COMMERCIAL MESSAGES AND COOKIES
- The protection of personal data of the buyer, who is a natural person, is provided by Act No. 110/2019 Coll., on the processing of personal data.
- The buyer agrees to the processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address and telephone number.
- Other rights and obligations of the parties related to the protection of personal data are governed by the Personal Data Protection Policy, which forms an appendix to these terms and conditions.
- The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address. The sending of business messages can be edited within the user account.
- The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
- Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by e-mail, in person or by registered mail via a postal service provider (at the sender's choice). It is delivered to the buyer to the buyer's electronic address specified in his user account or order.
X. ELECTRONIC RECORD OF SALES
- According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
XI. FINAL PROVISIONS
- If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
- If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form.
- Contact details of the seller:
- Company registered office (correspondence address): M.E.G dream s.r.o., IČO 04626168, DIČ CZ04626168, with registered office Libušina 514/34, Karlovy Vary 360 01;
- company email: email@example.com
- telephone: + 420 774 444 104
- These terms and conditions are valid and effective from 8/28/2022 until their new version is issued.