No. 1/2019
dated 31/05/2019
David Tresnak
CIN number: 056 96 381, VAT number: CZ9306010604,
with registered office at Nad Prehradou 857, Sedlcany, zip code 264 01, Czech Republic
(hereinafter referred to as the "Seller").
1. GENERAL PROVISIONS
These terms and conditions No. 1/2019 of the Seller (hereinafter referred to as "TC") are issued in accordance with the provisions of § 1751 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code").
TCs become an integral part of every purchase contract concluded between the Seller on the one hand and a natural or legal person as the buyer on the other (hereinafter referred to as the "Contract" and the "Customer") and regulate part of its content and other related legal relationships. The seller operates an online store located on the website at cultwear.eu (hereinafter referred to as the "website").
In the event that the Agreement and TC contain different provisions, the Agreement takes precedence over the wording of these TCs. Different terms and conditions are not accepted by the Seller and do not become part of the Contract, unless otherwise expressly agreed in writing. In the event that the Customer raises a reservation or demands changes to the TC or business terms and conditions different from these TCs are proposed, the Seller is not obliged to deliver the goods to the Customer prior to their written acceptance, and such differently agreed terms and conditions are binding only for the relevant Contract.
The wording of the TC may be changed or supplemented by the Seller in the event of a change in operating, business or organizational conditions on the part of the Seller, as well as due to a change in applicable generally binding legal regulations. This provision does not affect the rights and obligations arising during the effective period of the previous version of the TC. It applies that for the relations between the Seller and the Customer, the decisive wording of the TC is effective on the date of conclusion of the Agreement.
The customer may or may not be a consumer at the time of concluding the Agreement. The customer is a consumer if he is a person who, when concluding the Agreement, is not acting as part of his business activity or as part of the independent exercise of his profession. A customer is not a consumer if he is an entrepreneur who purchases products or uses services on his own account and responsibility with the intention of doing so consistently for the purpose of making a profit. The seller is a person who, when concluding and fulfilling the Agreement, acts as part of his business activity, and is therefore an entrepreneur.
2. OBJECT OF THE CONTRACT
The subject of the Agreement is the Seller's obligation to deliver the goods according to the specifications stated in the Agreement (hereinafter referred to as the "goods") and to enable the Customer to acquire ownership of the goods under the specified conditions, and the Customer's obligation to pay the Seller the agreed price in the agreed manner.
The sale of goods to the Customer may occur exclusively through the web interface of the store on the website.
3. SALE WITHIN THE WEB INTERFACE
This article shall apply in the case of concluding the Agreement within the web interface of the store made either on the basis of the Customer's registration (the Customer can then order goods from his user interface; hereinafter referred to as "user account"), or by placing an order for goods without registration directly from the web interface of the store ( hereinafter referred to as the "web store interface").
When registering a user account on the web interface of the store and when ordering goods, the Customer is obliged to enter all data correctly and truthfully. The Customer is obliged to update the data specified in the user account in case of any change, otherwise he is responsible for any incorrect delivery. The data provided by the Customer in the user account and when ordering goods are considered correct by the Seller.
The Seller will cancel the user account if the Customer does not use his user account for more than 2 years, or if the Customer violates his obligation from the purchase contract (including these TCs).
Access to the user account is secured by a username and password. The Customer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the Seller is not responsible for the breach of this obligation by the Customer or for the unauthorized use of access information to the Customer's user account.
The customer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
The web interface of the store contains a list of goods offered for sale by the Seller, including the prices of the individual goods offered, their name and main characteristics, including their brand. The offer for the sale of goods and the prices of these goods remain valid for 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 the Contract under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding, so the Seller is not obliged to conclude a Contract regarding these goods.
The store's web interface also contains information about the delivery options and costs associated with it. The information on the costs associated with the delivery of the goods listed in the web interface of the store only applies in cases where the goods are delivered within the territory of the Czech Republic, unless otherwise specified on the web interface of the store.
To order goods, the Customer fills out the order form in the web interface of the store. The order form mainly contains information about:
the ordered goods (the ordered goods are "put" by the Customer into the electronic shopping cart of the store's web interface) and their quantity;
the method of payment of the purchase price of the goods (i.e. the method of payment for the goods);
data on the required method of delivery of the ordered goods and its price;
data about the Customer, including invoicing, or delivery addresses (hereinafter collectively referred to as "order"). Before sending the order to the Seller, the Customer is allowed to check and change the data he entered in the order, also taking into account the Customer's ability to detect and correct errors that occurred when entering data into the order. Before sending the order, the Customer is also obliged to confirm that he agrees with these TCs and that he has properly familiarized himself with the terms of personal data protection, which are clearly located on the web interface of the store, by checking the relevant box. The Customer sends the order to the Seller by clicking the "Send order" button. The data listed in the order they are deemed correct by the seller. After receiving the order, the Seller will confirm this receipt to the Customer by e-mail without undue delay, to the Customer's address specified in the user account or specified in the order.
If the Customer is a consumer, the placement of the offered goods by the Seller on the store's web interface is considered a proposal to conclude the Contract. In such a case, the contract is concluded upon acceptance of the relevant order by the Seller. In the event that the Customer is not a consumer, the relevant order of the Customer is considered to be a proposal for the conclusion of the Contract, and the Contract is concluded at the moment when the confirmation of the order from the Seller is delivered to the Customer's electronic address.
The Seller is always entitled, depending on the nature of the order (i.e. quantity of goods, amount of the purchase price, estimated transport costs) to ask the Customer for additional confirmation of the order, or concluded Contracts (for example, in writing or by telephone). In the case of restrictions on the delivery of goods (e.g. in relation to the ordered quantity), the restriction in question is explicitly stated for the relevant goods on the web interface of the store.
The customer agrees to the use of means of remote communication when concluding the purchase contract. The costs incurred by the Customer when using the means of remote communication in connection with the conclusion of the Agreement (in particular the costs of Internet connection, the costs of telephone calls) are covered by the Customer himself.
The seller reserves the right to cancel the order/Contract for goods marked as unavailable within the web interface of the store in the event that the goods can no longer be delivered or adequately replaced with other goods, or if their price has changed significantly compared to the price indicated on the web interface of the store and the Customer does not expressly accept this fact based on the Seller's notification. The Seller informs the Customer about this situation. If the Customer has paid the purchase price or part of it to the Seller in the case mentioned in this paragraph, the Seller will return the amount thus received to the Customer without undue delay.
The customer, if he is a consumer, is entitled to cancel his order made through the web interface of the store through the contact form located on the web interface of the store or by an electronic message sent to the contact e-mail of the Seller, until the day the goods are sent to the Customer.
4. PRICE AND PAYMENT TERMS
The price of the goods (hereinafter also "price") is specified on the website in its final form, including value added tax (the Seller is a VAT payer).
Along with the price of the goods, the Customer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount and the costs of the chosen mode of transport.
The price of the goods and the costs associated with the delivery of the goods according to the purchase contract can be paid by the Customer to the Seller in the following ways:
in cash on delivery at the place specified in the order by the Customer and depending on the chosen mode of transport;
by online non-cash transfer to the Seller's bank account;
by online card payment;
In the case of payment in cash on delivery, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is payable within two (2) working days from the conclusion of the Contract. In the case of non-cash payment, the Customer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account, while crediting the purchase price to the Seller's designated account is a condition for issuing/shipping the goods to the Customer, unless otherwise agreed by the contractual parties.
The customer acquires ownership of the goods upon full payment of the agreed price of the goods. In case of delay in payment of the price of the goods, the Customer is obliged to pay the Seller a contractual penalty in the amount of 0.05% of the price of the goods for each day of delay. The contractual penalty is due within five (5) days from the sending of the request for payment by the Seller. Payment of the contractual penalty does not release the Customer from the obligation to fulfill the debt established by the contractual penalty.
The Seller shall issue the Customer with a tax document - invoice for payments made on the basis of the concluded purchase contract within ten (10) days from the payment of the price of the goods and send it in electronic form to the Customer's e-mail address.
Any discounts on the price of goods provided to the Customer by the Seller cannot be combined with each other.
5. WITHDRAWAL FROM THE CONTRACT (CONSUMER)
This article applies exclusively to the Contract concluded with the Customer as a consumer under the conditions specified in the provisions of this article. The customer, if he is a consumer, has the right to withdraw from the Contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14) days of taking over the goods, if he ordered the goods via means of remote communication (i.e. via a web interface store or by e-mail). Withdrawal from the Agreement must be demonstrably sent to the Seller within fourteen (14) days of receipt of the goods, to the address of the Seller's registered office - Nad Prehradou 857, Sedlcany, ZIP Code 264 01, Czech Republic, or to the Seller's e-mail address: info@cultwear.eu with the reference number order, date of purchase and bank account number of the Customer, where he requests a refund of the purchase price (if the Customer chooses a refund of the purchase price by non-cash transfer), or with a note that the Customer requests a refund of the purchase price in cash at the Seller's premises. To withdraw from the contract, the Customer can use the contract withdrawal form available on the website.
The Customer acknowledges that he does not have the right to withdraw from the Contract in the sense of § 1837 of the Civil Code, i.a. in the case of delivery of goods that have been modified according to the wishes of the Customer or for his person (i.e. in the case of custom-made goods).
In case of withdrawal from the Agreement according to paragraph 1 above, the Agreement is canceled from the beginning. The goods must be sent or handed over to the Seller by the Customer without undue delay, no later than fourteen (14) days after withdrawal from the Contract. In the event that the Customer violates the obligation according to the previous sentence, the Seller is entitled to a contractual penalty in the amount of 1% of the purchase price of the goods in question for each day of delay, but not more than the purchase price of the goods. This provision does not affect the right to compensation for any damage caused by a breach of duty to which a contractual penalty applies, even if the damage exceeds the contractual penalty. The goods must be returned to the Seller undamaged and unworn and, if possible, in the original packaging. The costs associated with returning the goods to the Seller are borne by the provisions of § 1820 paragraph 1 letter g) of the Civil Code, the Customer, in the event that the goods cannot be returned by the usual postal route due to their nature.
In the event of withdrawal from the Contract according to paragraph 1 above, the Seller will return the purchase price to the Customer (except for the amount representing additional costs for the delivery of the goods incurred as a result of the method of delivery of the goods chosen by the Customer, which is different from the cheapest method of standard delivery of the goods offered by the Seller) without undue delay, at the latest within fourteen days of the Customer's withdrawal from the Contract, by non-cash transfer to the bank account designated by the Customer. The Seller is not obliged to return the received funds to the Customer before the Customer hands over the goods to him or proves that he has already sent the goods to the Seller.
Within a period of five (5) working days from the return of the goods by the Customer according to paragraph 3 above, the Seller is entitled to carry out an examination of the returned goods, in particular to determine whether the returned goods are not damaged or worn. The Customer acknowledges that if the goods returned by the Customer are damaged or worn, the Seller is entitled to compensation for the damage caused to the Seller. The Seller is entitled to unilaterally set off the claim for payment of the incurred damage against the Customer's claim for a refund of the purchase price, to which the Customer expressly agrees.
If a gift is provided to the Customer together with the goods, the gift contract between the Seller and the Customer is concluded with the discontinuing condition that
if the Customer withdraws from the Agreement, the gift agreement regarding such a gift ceases to be effective and the Customer is obliged to return the gift provided along with the goods to the Seller.
6. TRANSPORTATION AND DELIVERY OF GOODS
The method of delivery of the goods is chosen by the Customer when filling out the order form in the web interface of the store, unless otherwise agreed with the Seller. If the method of transport is contracted based on the Customer's request, the Customer bears the risk and any additional costs associated with this method of transport. The carrier is responsible for damage to the goods during the transport chosen by the Seller, while all transported goods are insured.
The customer can only choose from those methods of transportation (delivery) of the goods that are listed in the order form for the specific goods ordered.
If, according to the Contract, the Seller is obliged to deliver the goods to the place specified by the Customer in the order, the Customer is obliged to take over the goods upon delivery. If the Customer does not accept the goods upon delivery and the goods are returned to the Seller, the Seller is entitled to withdraw from the Contract. In such a case, the Customer is also obliged to pay the Seller the costs of unsuccessful delivery of the goods.
If, for reasons on the part of the Customer, it is necessary to deliver the goods repeatedly or in a different way than was agreed, the Customer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.
When taking over the goods from the transporter, the Customer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter of the said fact immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the Customer does not have to accept the shipment from the carrier. By signing the delivery note, the Customer confirms that the shipment of goods met all conditions and requirements, and any later claim regarding damage to the package of the shipment cannot be taken into account.
7. RIGHTS FROM DEFECTS OF GOODS
The rights and obligations of the contracting parties regarding the Seller's responsibility for product defects are governed by the relevant generally binding regulations (in particular, the provisions of § 1914 to § 1925, § 2099 to § 2117 and § 2161 to § 2174 of the Civil Code). In the event that the Customer is not a consumer, the rights arising from product defects are governed by the statutory provision specified in § 2099 et seq. of the Civil Code and the provisions of paragraphs 1 - 6 of this article TC.
The customer is obliged to inspect the goods carefully and make sure of their properties when taking them over.
The Seller is not responsible for defects in goods arising after the transfer of the risk of damage to the Customer, arising as a result of improper use of the goods and/or caused by the Customer or a third party. If the Customer is not a consumer, the risk of damage to the goods passes to the Customer at the moment of handing over the goods for transport.
The Customer is obliged to notify the Seller of defects in the goods without undue delay after discovering them or should have discovered them when exercising due diligence. At the same time, the customer is obliged to sufficiently prove the existence of defects in the goods and must not handle the goods in a way that could make it difficult or impossible to check the claimed defects by the Seller.
The Customer's rights arising from defects in the goods (regardless of whether the Customer is a consumer or not) are exercised by the Customer with the Seller by sending a completed complaint form to the address of the Seller's headquarters, or via electronic mail sent to the Seller's e-mail address: info@cultwear.eu. When making a complaint, the Customer receives a written confirmation - a complaint protocol, which serves as a document when the complaint is processed. The complaint protocol states when the Customer exercised the right from defective performance, as well as the execution of the repair and its duration in accordance with § 2173 of the Civil Code. If the Customer sent the goods to the Seller for a claim via the transport service operator, the Seller will send the Customer a claim protocol completed in accordance with the previous sentence to the e-mail address provided by the Customer in the claim form, or to the e-mail address to which it was sent, without undue delay after delivery of the claimed goods Confirmation of the order of the claimed goods has been sent.
The complaint procedure does not affect the Customer's obligation to pay the Seller the price of the goods properly and on time in full.
The remaining paragraphs of this TC article apply only to the case where the Customer is a consumer.
The Seller informs the Customer about the handling of the complaint by e-mail sent to the e-mail address specified in the complaint form, or to the e-mail address to which the order confirmation of the claimed goods was sent, within 30 days of exercising the right from defective performance. The period for handling the complaint is suspended if the Seller has not received all the documents required for the proper handling of the complaint from the Customer. In such a case, the Seller will request additional documents from the Customer, while the deadline for processing the complaint will start running again after the Customer has delivered the requested documents.
The Seller is responsible to the Customer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Customer that at the time the consumer took over the goods
the goods have the properties agreed upon by the parties, and in the absence of an agreement, such properties that the Seller described or that the Customer 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 comply with the requirements of legal regulations.
The provisions of the previous paragraph do 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 that the goods had when taken over by the Customer.
If the goods do not have the characteristics mentioned in paragraph 10, the Customer can demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect. However, if the delivery of new goods is disproportionate to the nature of the defect, especially if the defect can be removed without undue delay, the Customer has the right to have the defect removed free of charge. The Customer has the right to delivery of new goods even in the case of a removable defect, if he cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Customer also has the right to withdraw from the Agreement.
If the Customer does not withdraw from the Contract or if he does not exercise the right to deliver new goods without defects or to repair the goods, he can demand a reasonable discount from the purchase price. The Customer has the right to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace its parts or repair the goods, as well as if the Seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the Customer.
The Customer does not have the right from defective performance if the Customer knew before taking over the goods that they had a defect, or if the Customer caused the defect himself. The customer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. If a defect becomes apparent after six months have passed since the receipt of the goods, the customer is obliged to prove the fact that the goods were defective upon receipt.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
When using the web interface of the store, the customer is not authorized 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 affect the rights of other customers of the Seller and that is in accordance with its purpose.
In the event that the Customer is not a consumer, all offers for the sale of goods placed on the website are non-binding and the Seller is not obliged to conclude a Contract regarding these goods.
The customer acknowledges that the Seller is not responsible for errors arising as a result of interventions by third parties in the web interface of the store or as a result of using the web interface of the store contrary to its purpose.
The out-of-court settlement of consumer disputes arising from the Agreement is the responsibility of the Czech Trade Inspection, with registered office at Stepanska 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz. The platform accessible at the Internet address http://ec.europa.eu/consumers/odr can also be used for the online resolution of consumer disputes between the Seller and the Customer from the Contract.
In the event of the termination of one of the contractual parties, its rights and obligations from the purchase contract are transferred to its legal successor.
9. SMS
By consenting to David Tresnak’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.
Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages.
You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at info@cultwear.eu for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.
You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://www.cultwear.eu/en-cz/pages/privacy-policy to determine how we collect and use your personal information.
10. FINAL PROVISIONS
All rights and obligations of the contracting parties not regulated by the Contract or these TCs are governed by the relevant provisions of the Civil Code and other generally binding legal regulations.
If any provision of the TC or the Contract becomes invalid or ineffective, the other provisions of the TC or the Contract remain valid and effective. Instead of an invalid or ineffective provision, the provisions of generally binding legal regulations governing the issue of the mutual relationship of the contracting parties shall be used. The contracting parties then undertake to adjust their relationship by adopting another provision, the content of which would best correspond to the intent of the invalid or ineffective provision.
The contracting parties have agreed that all disputes that could arise from the purchase contract or in connection with it will be decided by the competent court of the Czech Republic.
Seller's contact information: delivery address: Nad Prehradou 857, Sedlcany, ZIP code 264 01, e-mail address: info@cultwear.eu, phone +420 604 383 471.
The contract is archived by the Seller in electronic form and is not accessible. These TCs are accessible on the store's web interface, with which the Customer has been informed and agrees.
If the relationship related to the use of the web interface of the store or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that this relationship is governed by Czech law (this does not affect the consumer's rights arising from generally binding legal regulations).