GENERAL TERMS AND CONDITIONS
of KABARET DARLING – FASHION s.r.o.
with its registered office at Ve Smečkách 32/597, Prague 1
ID No.: 276 02 125
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 118154
for the sale of goods via an online shop
- These Terms and Conditions (hereinafter the “Terms and Conditions”) of KABARET DARLING – FASHION s.r.o., ID No.: 276 02 125, with its registered office at Ve Smečkách 32/597, Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 118154 (hereinafter the “Seller”) regulate mutual rights and duties of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) entered into between the Seller and another individual or legal entity on the other side via an online shop of the Seller. The internet shop is operated by the Seller on the internet address of kabaret.cz by the means of a web interface (hereinafter the “Web Interface of the Shop”).
- Legal relations between the buyer and the Seller not regulated by these Terms and Conditions or the Purchase Agreement shall be governed by the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) and in the event that the buyer is a consumer also by Section 4, Part 4 of the Civil Code (Provisions regarding the obligations arising from agreements entered into with a consumer), and further also by Act No. 634/1992 Coll., the Consumer Protection Act, as amended, or also additional legislation regulating the relations between the Seller and the buying consumer.
- These Terms and Conditions further regulate rights and duties of the contracting parties when using the website of the Seller placed at the address kabaret.cz (hereinafter the “Website”) and additional associated legal relations.
- Provisions differing from the Terms and Conditions may be arranged in the Purchase Agreement. Any differing arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are executed in the Czech language. The Purchase Agreement may be entered into in the Czech language.
- The wording of the Terms and Conditions may be changed or complemented without the previous notification of the buyer. This provision shall not affect any rights and duties arising during the period of effectiveness of the previous wording of the Terms and Conditions.
- By concluding the Purchase Agreement, the buyer confirms to be familiar with these Terms and Conditions and agrees to them.
- Based on the registration of the buyer conducted on the website, the buyer may access his/her/its user interface. Through the user interface, the buyer may order goods (hereinafter the “User Account”). The Web Interface of the Shop enables the buyer also perform orders of goods without a registration directly through the Web Interface of the Shop.
- When registering on the website and ordering goods (also without a registration), the buyer is obliged to provide only accurate and true data. The buyer is obliged to update the data in his/her/its User Account whenever they change. The data provided by the buyer in the User Account and while ordering goods are presumed to be correct by the Seller.
- The access to the User Account is protected through a username and a password. The buyer is obliged to maintain secrecy regarding the information necessary for the access into his/her/its User Account and acknowledges that the Seller shall not be held responsible for the violation of this obligation on the part of the buyer.
- The buyer is not entitled to enable third parties to use his/her/its User Account.
- The Seller is entitled to delete the User Account, especially in the event that the buyer fails to use his/her/its User Account for more than 300 days or when the buyer violates its obligations arising from the Purchase Agreement (including the Terms and Conditions).
- The buyer acknowledges that the User Account may not be accessible nonstop, especially with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of the hardware and software equipment of third parties.
CONCLUSION OF THE PURCHASE AGREEMENT
- The Web Interface of the Shop contains a list of goods offered by the Seller for sale, including the provision of prices of individual offered goods. The prices of the goods are provided including the value added tax and all related fees concerning the goods. The offer of the goods for sale and the prices for these goods remain valid for the period during which they are displayed in the Web Interface of the Shop. This provision shall not affect the entitlement of the Seller to conclude the Purchase Agreement under individually negotiated conditions. All offers of the goods for sale placed in the Web Interface of the Shop are not binding and the Seller is not obliged to enter into any Purchase Agreement regarding such goods.
- The Web Interface of the Shop also includes information regarding the expenses associated with the packaging and delivery of the goods. The information regarding the expenses associated with the packaging and delivery of the goods specified in the Web Interface of the Shop is only valid if the goods are delivered within the territory of the Czech Republic, Slovakia or the EU member states.
- The buyer is entitled to order the goods and conclude the Purchase Agreement via email or through the internet shop. Any of these abovementioned forms of an order is binding. In his/her/its order, the buyer is obliged to provide data necessary for successful fulfilment of the order, especially those which are part of an order form in accordance with paragraph 3.4 of this Article.
- In order to order the goods, the buyer shall complete an order form in the Web Interface of the Shop. The order form contains especially the following information:
- first name and surname of the buyer, a delivery address and a valid email address,
- ordered goods (the ordered goods shall be “placed” by the buyer into an electronic shopping cart of the Web Interface of the Shop),
- manner of paying the purchase price for the goods, data regarding the required manner of delivery or pickup of the ordered goods, and
- information regarding the expenses connected with the delivery of goods
(hereinafter collectively the “Order”).
- Before submitting the Order to the Seller, the buyer is entitled to review and change the data which were inserted into the Order by the buyer, also with the opportunity for the buyer to identify and correct errors which occurred when inserting the data into the Order. The buyer will submit the Order to the Seller by clicking on the button “Confirm the Order”. The Seller considers the data included in the Order to be correct. Upon receiving the Order, the Seller shall instantly confirm the delivery of the Order to buyer via electronic mail, namely to the address of the electronic post of the buyer specified in the user interface or in the Order (hereinafter the “Electronic Address of the buyer”).
- In the event of any change in the Order which was previously confirmed by the Seller, such changed Order is only binding for both parties since the moment the change in the Order is confirmed by the Seller. The Seller is not obliged to accept the change in the Order at the moment when the goods in accordance with the original Order was already handed over to the carrier.
- Only persons and entities who/which have legal capacity to enter into such transactions are entitled to conduct business and enter into the Purchase Agreement through the means of distant communication. Minors are only entitled to enter into the Purchase Agreement to the extent of their legal capacity within the meaning of Section 31 of the Civil Code. In accordance with Section 2920 et seq. of the Civil Code, their legal representatives shall be held responsible for any damage incurred by the Seller due to actions taken by the minors. Purchase Agreements regarding goods of a higher value may only be concluded for the minors by their legal representatives.
- Depending on the character of the Order (number of goods, amount of the purchase price, expected expenses for the transport), the Seller is always entitled to request that the buyer further confirms his/her/its Order (e.g. in writing, via email or by phone).
- The contractual relationship between the Seller and the buyer commences by the delivery of the Order confirmation (acceptance) which is sent by the Seller to the buyer via electronic post, namely to the Electronic Address of the buyer.
- The buyer acknowledges that the Seller is not obliged to enter into the Purchase Agreement, especially with persons or entities who/which substantially violated any Purchase Agreement (including the Terms and Conditions).
- The buyer consents to the use of means of distant communication when concluding the Purchase Agreement. Any expenses incurred by the buyer when using the means of distant communication in connection with entering into the Purchase Agreement (costs for the internet connection or phone calls) shall be paid by the buyer.
PRICE OF THE GOODS AND PAYMENT TERMS
- The website of the Seller always contains up-to-date prices of the goods. The Seller updates the prices of the goods every day. The prices are valid at the moment of the Order. The price excluding VAT is binding for the contracting parties of the Purchase Agreement; should the statutory VAT rate change between the moment of ordering the goods and the date of the performed fulfillment, the Seller shall adjust the price including VAT in the relation to the change of the statutory VAT rate and the buyer is obliged to pay this changed purchase price to the Seller.
- The price of the goods and potential expenses for the delivery of the goods in accordance with the Purchase Agreement may be paid to the Seller in any of the following manners:
- in cash on delivery at the location specified by the buyer in the Order;
- via a bank transfer to the Seller’s bank account No. ………………………., maintained by ………………………. (hereinafter the “Seller’s Account”).
- via a transfer through the PayPal payment system;
- by a MasterCard or Visa debit card.
- Together with the purchase price, the buyer is also obliged to pay to the Seller the expenses connected with the packaging and delivery of the goods in the contracted amount. Unless expressly indicated otherwise, the term of the purchase price also means the expenses connected with the delivery of the goods.
- In the case of paying in cash on delivery, the purchase price is payable at the moment of taking over the goods. In the case of a bank transfer, the purchase price is payable within 3 days after concluding the Purchase Agreement, but before the goods is handed over for the transport to the location of delivery specified by the buyer.
- In the case of a bank transfer, the buyer is obliged to pay the purchase price of the goods while also specifying the variable symbol of the payment. In the case of a bank transfer, the buyer’s obligation to pay the purchase price is fulfilled at the moment when the given amount is credited to the Seller’s Account.
- Any potential discounts from the prices of the goods provided by the Seller cannot be combined.
- If it is customary in trade relations or if so provided by generally binding legislation, the Seller shall issue a tax document – an invoice to the buyer regarding the payments performed on the basis of the Purchase Agreement. The tax document – the invoice shall be issued by the Seller to the buyer after the payment of the purchase price and then sent by the Seller in an electronic form to the Electronic Address of the buyer.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
- From agreements entered into by means of distant communication, the buying consumer is entitled to withdraw within 14 days after taking over the goods or taking over the last part of the delivery, regardless the manner of the takeover or payment. The provided period is intended for the buying consumer to familiarize himself/herself to the reasonable extent with the nature, characteristics and functionality of the goods. The period for the withdrawal is considered to be complied with if the withdrawal is sent before the given period expires. The buyer may send the withdrawal from the Purchase Agreement, among others, to the address of the Seller’s registered office or to the electronic address of the Seller.
- The buying consumer is entitled to withdraw from the agreement also at any moment before the goods is delivered.
- The right to withdraw from the agreement cannot be used with agreements regarding the delivery of a digital content, if it was not delivered on a tangible medium, or with agreements on the provisions of services, while in both cases, the performance must have been provided with the previous express consent of the buyer before the expiration of the period for the withdrawal from the agreement; then also with agreements regarding the delivery of services or goods (including alcoholic beverages), whose price depends on financial market fluctuations beyond the control of the Seller; with agreements regarding the delivery of goods adjusted according to the wishes of the consumer or for his/her person, and with agreements regarding the goods which are subject to rapid deterioration, goods which were irretrievably mixed with other goods or taken out of a closed container and cannot be returned in it for hygienic reasons; with deliveries of audio or visual recordings or computer software if the buyer disrupted their original packaging; with deliveries of newspapers, magazines or other periodicals; with agreements on accommodation, transportation, catering or leisure activities provided during a specific period; or with agreements entered into based on a public auction in accordance with legislation governing public auctions.
- The withdrawal from the agreement shall be performed in writing. The buying consumer is not obliged to provide a reason for which he/she withdraws from the agreement. To make the communication easier, it is appropriate to specify the date of purchase or the number of the agreement/sales receipt, bank information and the chosen manner of returning the goods in the withdrawal notice.
- The goods shall be delivered to the Seller without any damage or wear and tear and in the original packaging, including all accessories, and within 14 days after the withdrawal from the agreement. The costs for the return of the goods shall be paid by the buyer. The goods shall be returned to the address _________________________________ or handed over at the address _________________________________ any business day from ____ to ____.
- The Seller is obliged to repay the amount fully corresponding with the price of the goods and the paid expenses for its delivery to the buying consumer within 14 days after the withdrawal from the agreement in the same manner through which the Seller received the payment from the buyer.
- If the Seller offers more options within a certain manner of delivering the goods, the Seller is obliged to return to the buying consumer the price for the cheapest manner. No later than within the same period, the buying consumer is obliged to deliver or hand over the purchased goods to the Seller. The Seller is not obliged to return any received payments to the buying consumer prior to the moment when the buying consumer hands over the goods or proves to have sent the goods to the Seller.
- The buying consumer acknowledges that if the goods returned by the buying consumer is damaged, worn or partly consumed due to a violation of the buying consumer’s obligations and his/her activities in any other way than necessary for making himself/herself familiar with the nature and characteristics of the goods, including their functionality, the Seller is entitled to be paid the reduced value of the goods by the buying consumer. The entitlement for the compensation of the reduced value of the goods may be performed by the Seller via offsetting the amount against the entitlement of the buying consumer regarding the return of the purchase price.
- If the goods are delivered in a package which is destroyed by the buyer and the goods thus cannot be sold as new after its return due to the withdrawal, the Seller is entitled to compensation of the reduced value of the goods, while the amount of depreciation of the goods shall be identified as the difference between the purchase price for which the goods were sold and the purchase price for which it is possible to sell the goods as used.
- The form specimen for the withdrawal from the agreement for the buying consumer is available here. The buying consumer is not obliged to use the form specimen.
- The buying consumer is entitled to electronically complete and sent the form for the withdrawal from the agreement or any other unambiguous declaration. If the buying consumer uses this option, the Seller shall instantly send a confirmation of receiving this declaration of the withdrawal from the agreement to the buying consumer in return.
- If the Seller finds out that any goods offered by it, regarding which a Purchase Agreement was concluded, fail to meet statutory conditions for free sale on the market anymore or that they fail to meet safety conditions, or the samples of which are available to the Seller begin to manifest defects and malfunctions not caused by the Seller, the Seller is entitled to withdraw from the Purchase Agreement. The Seller is obliged to immediately inform the buyer about this withdrawal from the agreement.
- The Purchase Agreement may also be terminated by an agreement between the buyer and the Seller, yet only provided that the goods are returned to the Seller without any damage or wear and tear in the original package, including all its accessories.
- If the buyer is provided with a gift accompanying the goods, the deed of gift between the Seller and the buyer is concluded with a subsequent condition that if the buyer withdraws from the Purchase Agreement, then the deed of gift regarding such gift expires and the buyer is obliged to return the provided gift to the Seller together with the goods.
TRANSPORT AND DELIVERY OF GOODS
- The manner of delivery of the goods is determined by the Seller, unless otherwise provided in the Purchase Agreement or the Order. In the case that the manner of transportation was negotiated on the basis of a buyer’s request, the buyer undertakes the risk and shall pay any potential additional costs associated with this manner of transport.
- The goods may be delivered to the buyer in one of the following ways (all manners of transport mentioned below are realized on a business day):
- the goods shall be delivered via the PPL service or any other provider of transportation to the address specified by the buyer in the Order. The goods should be delivered within 24 hours under the simultaneous payment of the purchase price if the buyer is obliged to pay the purchase price before the goods are dispatched with regard to the way of payment of the purchase price. The price of the packaging and postage of one Order is CZK 100 for deliveries within the Czech Republic, CZK 130 for deliveries to Slovakia and CZK 200 within the remaining EU member states. Regarding locations outside the EU, the price of the packaging and postage will be communicated to the buyer individually in accordance with the pricelist of transportation companies which are used for the transport by the Seller. The fee for packaging and postage is payable at the moment of the delivery of the goods together with the purchase price for the goods, unless negotiated otherwise.
- As regards the Orders made on Saturday, Sunday or a public holiday, the goods shall be dispatched the following business day in accordance with the abovementioned procedure.
- If the Seller is obliged to deliver the goods under the Purchase Agreement to a location specified by the buyer in the Order, the buyer is obliged to take over the goods on delivery. If the buyer fails to take over the goods on delivery, especially if the goods is sent to a location provided by the buyer and the goods is returned to the Seller because the goods were not picked up, the Seller is entitled to the payment of expenses associated with dispatching the goods in the amount of CZK 100 (in words: one hundred Czech crowns) and the Seller is also entitled to withdraw from the Purchase Agreement.
- In the case that the goods had to be delivered repeatedly or in a different manner than specified in the Order due to reasons on the part of the buyer, the buyer is obliged to pay any expenses associated with the repeated delivery of the goods, or expenses associated with a different manner of delivery.
- When taking over the goods from the carrier, the buyer is obliged to inspect the integrity of the packaging of the goods and to inform the carrier instantly in the case of any defects. In the event of identifying a damage of packaging indicative of unauthorized intrusion into the consignment, the buyer is not obliged to take over the consignment. By signing the delivery note, the buyer confirms that the packaging of the consignment containing the goods was undamaged.
- Additional rights and duties of the contracting parties regarding the transport of the goods may be regulated by special delivery terms of the Seller if there are any.
LIABILITY FOR DEFECTS
- The Seller warrants to the buyer that the sold item is in accordance with the Purchase Agreement, especially that it is without any defects, in the agreed amount, quality and execution. If the quality and execution were not negotiated in advance, the Seller shall deliver the goods in the quality and execution suitable for the purposes clearly determinable from the agreement, otherwise for the usual purpose.
- The exact procedure during the complaint proceeding regarding the goods and its settlement are described in the complaint rules which form a part of these Terms and Conditions and the buyer had the opportunity to familiarize himself/herself/itself with the current version of these complaint rules, since they are freely accessible at the Seller’s website.
FURTHER RIGHTS AND DUTIES OF THE PARTIES
- The buyer acquires the ownership of the goods at the moment of paying the entire purchase price of the goods to the Seller.
- The buyer acknowledges that the software equipment and other components forming the Web Interface of the Shop (including the photographs of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity which would enable the buyer or any third party to unlawfully interfere with or use any software equipment or any other components of the Web Interface of the Shop.
- When using the Web Interface of the Shop, the buyer is not entitled to use any mechanisms, software equipment or other approaches which may have negative influence on the operation of the Web Interface of the Shop. The Web Interface of the Shop may only be used to the extent which is not performed at the expense of the rights of other customers of the Seller and which is accordance with its purpose.
- In relation to the buyer, the Seller is not bound by any codes of conduct within the meaning of the provisions of Section 1826 par. 1 letter e) of the Civil Code.
- The buyer acknowledges that the Seller shall not be held responsible for any errors which originated as a result of third parties’ interventions into the website or as a result of using the website contrary to its purpose.
- Unless negotiated otherwise, all correspondence related to the Purchase Agreement shall be delivered to the other contracting party in writing, namely by electronic post, in person or by registered post via an operator of mailing services (selected by the sender). All communication towards the buyer shall be delivered to the Electronic Address of the buyer specified in his/her/its User Account.
- The message is considered to be delivered:
- at the moment when it is received by the server of the incoming post if delivered by electronic post,
- at the moment the addressee of the consignment takes over it if delivered in person or via an operator of mailing services,
- further also at the moment the addressee of the consignment (or a person authorized to take over the consignment for the addressee) refuses to take over the consignment if delivered in person or via an operator of mailing services,
- further also at the moment of expiry of a ten-day (10-day) period after the consignment was placed in storage at a post office and a notice was given to the addressee to pick up the stored consignment if delivered via an operator of mailing services and the consignment is stored at a post office; this applies also in the case that the addressee didn’t learn about the placement of the consignment into storage.
- If a relationship associated with the use of the website or a relationship arising from the Purchase Agreement contains an international (foreign) element, the Parties agree that the relationship shall be governed by Czech law. This arrangement does not affect any rights of a consumer arising from generally binding legislation.
- The Seller is entitled to sell goods on the basis of a trade license and the Seller’s activities are not subject to any other permit proceedings. The trade inspections are performed by the competent Trade Office within its authority.
- Should any provision of these Terms and Conditions be or become invalid or ineffective, a provision, whose meaning is the closest to the invalid or ineffective provision, shall replace it. Invalidity or ineffectiveness of a single provision shall not affect the validity or effectiveness of the rest of provisions. Any changes or amendments of the Purchase Agreement or the Terms and Conditions shall be carried out in writing.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and it is not accessible.
- Any disputes between the buyer and the Seller shall be resolved by general courts. The Seller undertakes to primarily seek extrajudicial settlement of disputes with the buyer, unless the buyer refuses it. The control over the compliance with obligations under Act No. 634/1992 Coll., the Consumer Protection Act, as amended, is performed by the Czech Trade Inspection (www.coi.cz).
- The contact information of the Seller: postal address, email address, phone number.