of the company deelive atelier, a.s. registered office: Špálova 444/6, 162 00 Prague 6 – Střešovice. Company ID: 04812026, Tax ID: CZ04812026 (the company is a VAT payer) entered in the commercial register kept by the Prague Municipal Court, Section B, File 21376
for the sale of goods through an on-line shop at the internet address www.deelive.cz
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter the “Terms and Conditions”) of the company deelive atelier, a.s., registered office: Špálova 444/6, 162 00 Prague 6 – Střešovice, Czech Republic, ID number: 04812026, entered in the commercial register kept at the Prague Municipal Court, Section B, File 21376 (hereinafter the “Seller”) regulate in accordance with the provision of § 1751 (1) of the Civil Code (Act No. 89/2012 Coll., hereinafter the “Civil Code”) the mutual rights and duties of the contractual parties arising in connection with or on the basis of the purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another individual (hereinafter the “Buyer”) through the internet shop of the Seller. The internet shop is operated by the Seller on the website at the internet address www.deelive.cz (hereinafter the “Website”) through the website interface (hereinafter the “Store’s Web Interface”).
1.2. The Buyer has the option of familiarizing him/herself with these Terms and Conditions before submitting his/her order. By submitting an order, the Buyer confirms that he/she has become familiar with these Terms and Conditions and consents to them.
1.3. In a Purchase Agreement, it is possible to agree on provisions that differ from the Terms and Conditions. Differing provisions in a Purchase Agreement take precedence over provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of a Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in Czech and English. A Purchase Agreement can be concluded in Czech and in English.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision shall have no bearing on the rights and duties that arose while a previous version of the Terms and Conditions was in effect.
1.6. These Terms and Conditions do not apply to cases where the party intending to purchase goods from the Seller is a corporate entity. In that case, contact the sales department at the phone number +420 604 461 569 or by e-mail at email@example.com for the exact wording of the Terms and Conditions for corporate entities.
2. USER ACCOUNT
2.1. On the basis of the Buyer’s registration on the Website, the Buyer may enter his/her own user interface. From his/her user interface the Buyer may order goods (hereinafter the “User Account”). If the Store’s Web Interface so permits, the Buyer may also order goods without registration directly from the Store’s Web Interface.
2.2. When registering on the Web Site and when ordering goods, the Buyer shall provide all information accurately and truthfully. In case of any change, the Buyer shall update the information stated in his/her User Account. The information stated by the Buyer in the User Account and when ordering goods are regarded as correct by the Seller.
2.3. Secure access to a User Account is provided by a user name and password. The Buyer shall maintain confidentiality regarding information required for access to his/her User Account.
2.4. The Buyer is not authorized to allow third parties to use the User Account.
2.5. The Seller may cancel a User Account, especially if the Buyer does not use the User Account for more than one year, or if the Buyer defaults on duties arising from a Purchase agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that a User Account is not necessarily accessible without interruption, in particular in view of the need for maintenance of the Seller’s hardware and software or for necessary maintenance of the hardware and software of third parties.
3. CONCLUDING OF A PURCHASE AGREEMENT
3.1. All presentations of goods on the Store’s Web Interface are for information purposes, and the Seller is under no obligation to enter into a Purchase Agreement for those goods. The provision of § 1732 (2) of the Civil Code does not apply.
3.2. The Store’s Web Interface contains information about goods, including the stating of prices for individual goods. The prices of goods are of the character of a contract price, and they are stated including Value Added Tax and all related fees. The prices of goods remain valid as long as they are depicted on the Store’s Web Interface. This provision does not rule out the Seller’s option of entering into a Purchase Agreement under individually negotiated terms.
3.3. The Store’s Web Interface also contains information about the costs associated with packing and delivering the goods. Costs connected with packing and delivery are determined based on the type, dimensions, and weight of the goods and on the chosen manner and place of delivery of the goods. If the cost of delivery cannot be determined in advance (this mainly involves delivery outside of the Czech Republic etc.), they may be charged to the Buyer subsequently. This information is duly stated on the website. The Seller shall inform the Buyer about the exact cost of delivery subsequently, and sufficiently in advance of the concluding of an agreement, before the consumer makes a binding offer.
3.4. To order goods, the Buyer fills out the order form in the Store’s Web Interface. The order form contains, in particular, information about:
3.4.1. the ordered goods (the Buyer “places” ordered goods in an electronic shopping cart on the Store’s Web Interface),
3.4.2. the method of payment of the purchase price for the goods, and information about the required method of delivery of the ordered goods,
3.4.3. information about costs associated with delivery of the goods (hereinafter jointly an “Order”).
3.5. Before submitting the Order to the Seller, the Buyer is permitted to check and change the information that he/she has entered into the Order, including the possibility for the Buyer to find and correct errors made when entering data into the Order. The Buyer submits the order by clicking on the “Place order” button. The information stated in the order are regarded by the Seller as correct. Immediately upon receipt of the Order, the Seller confirms receipt of the Order to the Buyer by e-mail sent to the Buyer’s e-mail address entered in the user interface or in the Order (hereinafter the “e-mail address of the buyer”). This confirmation of receipt of the Order on the part of the Seller does not, however, constitute acceptance of the Buyer’s Order by the Seller.
3.6. Depending on the character of the Order (quantity of goods, amount of the purchase price, anticipated cost of delivery), the Seller is always entitled to ask the Buyer for additional confirmation of an Order (e.g. in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of notice of acceptance of the Order, which is sent to the Buyer by the Seller by e-mail to the Buyer’s e-mail address. The review of an order that is automatically generated by the system after an Order is submitted does not constitute acceptance of an Order – see section 3.5. hereof. The contractual relationship first arises upon delivery of e-mail notification to the Buyer from the Seller of its acceptance of the Buyer’s Order.
3.8. The Buyer acknowledges that the Seller is not under obligation to enter into a Purchase Agreement, and in particular with persons who have already been materially in default on their duties to the Seller.
3.9. The Buyer gives consent for the use of means of remote communication for the concluding of the Purchase Agreement. The Buyer shall pay his/her own costs for the use of means of remote communication in connection with the concluding of a Purchase Agreement (costs for an internet connection, charges for telephone conversations).
4. PRICE OF THE GOODS AND TERMS OF PAYMENT
4.1. The Buyer may remit payment to the Seller of the price for the goods and the costs, if any, associated with the delivery of the goods in accordance with the Purchase Agreement in the following ways:
• in cash at the Seller’s place of business at the address Špálova 444/6, Prague 6 – Střešovice
• in cash on delivery at the place determined by the Buyer in the Order;
• by wire transfer onto one of the Seller’s accounts; in case of payment from abroad, the Buyer must state the account number in the format IBAN and BIC, while for payments made within the Czech Republic, the account number and bank code are given:
bank account for payment in CZK:
no. 4091255399, bank code 0800, held at Česká spořitelna
IBAN: CZ41 0800 0000 0040 9125 5399; BIC (SWIFT) code: GIBACZPX
bank account for payment in EUR:
no. 2701081076, bank code 2010, held at Fio Banka
IBAN: CZ93 2010 0000 0027 0108 1076; BIC (SWIFT) code: FIOBCZPPXXX
(hereinafter the “Seller’s Account”);
• by payment card and quick transfer by internet banking using the payment gateway GP WEBPAY;
4.2. Together with the purchase price, the Buyer shall also pay the Seller for all costs connected with packing and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, purchase price is hereafter understood to include the costs connected with delivery of the goods.
4.3. In the case of payment in cash or cash on delivery, payment of the purchase price is due no later than upon receipt of the goods. In case of cash-free payment, the purchase price is payable within 7 days of the concluding of the Purchase Agreement. Goods may not be sent on a cash-on-delivery basis to the territory of any country other than the Czech Republic.
4.4. In the case of cash-free payment, the Buyer shall pay the purchase price of the goods together with a statement of the variable symbol of the payment. In the case of cash-free payment, the obligation of the Buyer to remit payment of the purchase price is satisfied at the moment when the relevant amount is credited to the Seller’s account.
4.5. The Seller is entitled to demand payment of the full purchase price before the goods are sent to the Buyer in particular if there is no subsequent confirmation of an order (see 3.6) or if the goods in question are of larger dimensions or higher in cost. The provision of § 2119 (1) of the Civil Code does not apply.
4.6. The Seller is entitled to demand an advance payment deposit onto the Seller’s account stated in an e-mail confirming acceptance of an Order (incl. VAT and costs connected with delivery of the goods). The requirement of the Seller for an advance payment deposit in accordance with the previous sentence shall be stated in the e-mail confirming acceptance of the Order. The remitting of an advance payment deposit does not exclude the right of the Seller to demand additional payment up to the full purchase price before sending the goods pursuant to paragraph 4.5, if any of the goods have been adapted at the Buyer’s request or for his/her person on the basis of the order – see 5.2.
4.7. Discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
4.8. If usual in business relations or if required by law, the Seller shall issue an invoice to the Buyer concerning the payment rendered on the basis of the Purchase Agreement. The Seller is a Value Added Tax payer. The Seller shall issue the invoice to the Buyer after payment of the price of the goods and shall send it to the Buyer’s e-mail address in electronic format.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that in accordance with the provision of § 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement that have been altered at the request of the Buyer or for his/her person, or from a Purchase Agreement for the delivery of goods that are subject to rapid spoilage or that would be irreversibly mixed with other goods after delivery, or from a Purchase Agreement for the delivery of goods in a sealed package, if the consumer has removed those goods from the packaging and if they cannot be returned for reasons of hygiene.
5.2. Goods that have been altered at the Buyer’s request or for his/her person shall be understood to mean goods which the Seller orders from the manufacturer and/or which the manufacturer makes in any of several offered variant designs (e.g. colors, surface treatment, varnish, cover material etc.) on the basis of receipt of the Buyer’s Order. On the store website at www.deelive.cz, such goods are identified as “special order” goods. The Buyer will also find the designation of “special order” goods in the review of the Order sent to him/her by e-mail after receipt of the Order in the Seller’s system.
5.3. Except for the cases set forth above in 5.1 or 5.2 or other cases when it is not possible to withdraw from the Purchase Agreement, the Buyer has the right pursuant to the provision of § 1829 (1) of the Civil Code to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods; if the object of the Purchase Agreement is several kinds of goods or if the goods are delivered in several parts, this deadline is counted from the day of receipt of the last delivery of goods. Notice of withdrawal from the Purchase Agreement must be sent to the Seller by the deadline stated in the previous sentence. For withdrawal from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which constitutes an appendix to the Terms and Conditions. Among the ways the Buyer may send notification of withdrawal from the Purchase Agreement is by mail to the address of the Seller’s place of business: Špálova 444/6, Prague 6 – Střešovice or by e-mail sent to the Seller’s e-mail address: firstname.lastname@example.org.
5.4. In case of withdrawal from the Purchase Agreement pursuant to section 5.3. of the Terms and Conditions, the Purchase Agreement is nullified from its inception. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the agreement. If the Buyer withdraws from the Purchase Agreement, he/she bears the costs associated with the return of the goods to the Seller, even if the goods cannot be sent by regular mail because of their nature. The goods must be returned to the Seller undamaged and without signs of wear, and if possible, in the original packaging.
5.5. Within a deadline of five (5) business days from the returning of the goods by the Buyer pursuant to section 5.3 of the Terms and Conditions, the Seller is entitled to examine the returned goods, in particular for a determination of whether the returned goods have been damaged, are worn out, or show partial signs of wear.
5.6. In case of withdrawal from the agreement pursuant to section 5.3. of the Terms and Conditions, the Seller shall refund the money received from the Buyer within fourteen (14) days of his/her withdrawal from the Purchase Agreement in the same manner in which the money was received from the Buyer. The Seller is likewise entitled to refund payment made by the Buyer when the goods are returned by the Buyer or in another manner, if the Buyer agrees thereto, and if no additional costs arise thereby to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obligated to refund money received from the Buyer before the Buyer returns the goods or proves that he/she has sent the goods to the Seller.
5.7. The Buyer acknowledges that if the goods returned to the Buyer are damaged, worn out, or show partial signs of wear, the Seller is entitled to compensation from the Buyer for damages thereby arising to the Seller. The Seller is entitled to offset its claim for payment of damages to the goods unilaterally against the Buyer’s claim for a refund of the purchase price.
5.8. Until the goods have been received by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement at any time t. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay by wire transfer onto an account designated by the Buyer.
5.9. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer has been concluded with a condition subsequent that if the Buyer withdraws from the Purchase Agreement, the gift contract is voided with regard to such a gift, and the Buyer is required to return the gift together with the goods.
6. FORWARDING AND DELIVERY OF THE GOODS
6.1. If the method of forwarding the goods is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and additional costs, if any, connected with that method of forwarding.
6.2. If the Seller is required under the Purchase Agreement to deliver the goods to a place designated in the Order, the Buyer shall accept the goods when delivered.
6.3. If it is necessary to make repeated attempts to deliver the goods at the fault of the Buyer or to deliver them in a manner different from that stated in the Order, the Buyer shall pay the costs associated with repeated delivery of the goods or with a different method of delivery.
6.4. When accepting the goods from the carrier, the Buyer shall check that the packaging is undamaged, and in case of any defects, shall report this to the carrier immediately. If damage of the packaging is found that would indicate unauthorized opening of the parcel, the Buyer is not required to accept the parcel from the carrier.
6.5. Other rights and duties of the parties when goods are being forwarded may be governed by the Seller’s special conditions for forwarding, if these have been published by the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and duties of the contractual parties with respect to rights arising from defective performance are governed by relevant, generally binding legislation (in particular the provisions of § 1914 – 1925, § 2099 – 2117, and § 2161 – 2174 of the Civil Code).
7.2. The Seller is responsible to the Buyer for providing goods that are free of defects when received. In particular, the Seller is responsible to the Buyer for ensuring that when the Buyer receives the goods:
7.2.1. the goods have the properties on which the parties agreed, and in the absence of any agreement, have those properties that the Seller or manufacturer described, or which the Buyer expected in view of the nature of the goods and on the basis of advertising presenting the goods,
7.2.2. the goods are suitable for the purpose presented by the Seller for its use or for the purpose for which goods of this kind are usually used,
7.2.3. the goods correspond in terms of quality or design to the agreed pattern or model, if the quality or design were determined by an agreed pattern or model,
7.2.4. the goods are of the appropriate quantity, size, or weight,
7.2.5. the goods meet their legal requirements.
7.3. The provision set forth in paragraph 7.2. of the Terms and Conditions does not apply to defects of goods sold at a lower price because of the defect for which the lower price was agreed, to wear of goods caused by normal use, to the used goods for a defect corresponding to the degree of use, or to wear that the goods had when accepted by the Buyer, or if this is implied by the nature of the goods.
7.4. If a defect appears within six months of receipt, the goods are assumed to have been already defective when received.
7.5. Rights arising from defective performance (claims of defects) are exercised by the Buyer by claiming them to the address of the seller’s headquarters: Špálova 444/6, Prague 6 – Střešovice, where the acceptance of claims is possible in view of the assortment of goods sold. The moment of exercising of a claim is regarded as the moment when the Seller has received the goods claimed as defective from the Buyer.
7.6. Other rights and duties of the parties relating to the liability of the Seller for defects may be regulated by the Seller’s Rules for Claims of Defects.
8. OTHER RIGHTS AND DUTIES OF THE CONTRACTUAL PARTIES
8.1. The Buyer assumes ownership of the goods upon payment in full of the purchase price for the goods.
8.2. The Buyer acknowledges that software and other components constituting the Store’s Web Interface (including photographs of the goods offered) are protected by copyright. The Store’s Web Interface can be used only to an extent that is not to the detriment of the rights of other customers of the Seller and that is in accordance with its purpose.
8.3. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of the provision of § 1826 (1)(e) of the Civil Code.
8.4. The Seller handles out-of-court settlements of consumer complaints through the e-mail address email@example.com The Seller shall send information about the handling of the Buyer’s complaint to the Buyer’s e-mail address.
8.5. If the consumer fails to resolve the dispute by mutual agreement the buyer may file a petition for commencement of court settlement with the Czech Trade Inspection, headquartered Štěpánská 567/15,
120 00 Praha 2, ID: 000 20 869, Internet address: www.coi.cz
8.6. The Seller is authorized to sell goods on the basis of a trade license. The trade licensing authority of jurisdiction conducts trade licensing inspections as part of its routine duty. Supervision of the protection of personal data is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises to a defined extent, among other things, compliance with Act No. 378/2015 Coll. on the Protection of Consumers, as amended.
8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. Protection of the personal data of a Buyer who is an individual is provided in accordance with Act No. 101/2000 Coll. on the Protection of Personal Data, as amended.
9.2. The Buyer consents to the processing of the following personal data: first and last name, address, personal ID number, tax ID number, e-mail address, telephone number, and other data entered in his/her User Account when registering or later when updating the account (hereinafter collectively the “Personal Data”).
9.3. The Buyer consents to the processing of his/her Personal Data by the Seller for the purposes of realizing the rights and duties under the Purchase Agreement and for the purpose of managing the User Account. Unless the Buyer chooses a different option, he/she also consents to the processing of his/her personal data for the purpose of the sending of information and commercial messages to the Buyer. Consent to the processing of Personal Data to the full extent of this paragraph is not a condition that would of itself prevent the concluding of a Purchase Agreement.
9.4. The Buyer acknowledges that he/she is required to provide Personal Data truthfully and accurately (when registering, using the User Account, or placing an Order from the Store’s Web Interface) and that he/she is required to inform the Seller without undue delay about any change to his/her personal data.
9.5. The Seller may delegate the processing of Personal Data to a third party processor. With the exception of parties delivering goods, the Seller shall not provide the Buyer’s Personal Data to third parties without the Buyer’s prior consent.
9.6. The Personal Data shall be processed for an indefinite period. The Personal Data shall be processed in electronic format by an automated method or in hard copy by a non-automated method.
9.7. The Buyer confirms that the provided Personal Data are accurate, and that he/she has been informed that the providing of Personal Data is voluntary.
9.8. If the Buyer believes that the Seller or processor (see 9.5) is processing his/her personal data in a manner that is in violation of the Buyer’s privacy or in violation of the law, and in particular if the Personal Data are inappropriate for the purpose of their processing, he/she may:
9.8.1. demand an explanation from the Seller or processor,
9.8.2. demand that the Seller or processor rectify the situation.
9.9. If the Buyer requests information about the processing of his/her Personal Data, the Seller is obligated to turn this information over to him/her. For the providing of this information, the Seller is entitled to demand adequate payment for the providing of the information pursuant to the previous sentence. The amount charged may not exceed the necessary costs for providing the information.
10. SENDING OF COMMERCIAL MESSAGES AND STORING OF COOKIES
10.1. The Buyer consents to the sending of information connected with the goods, services, or business of the Seller to the Buyer’s e-mail address and furthermore consents to the sending of commercial messages by the Seller to the e-mail address of the Buyer.
10.2. The Buyer consents to the storing of “cookies” on his/her computer. If a purchase can be made on the website and the obligations of the Seller under the Purchase Agreement can be fulfilled without the storing of “cookies” on the Buyer’s computer, the Buyer may revoke the permission referred to in the previous sentence at any time.
11.1. Unless otherwise agreed, a delivery to the Buyer may be made to the e-mail address stated in his/her User Account or state by the Buyer in the order.
12. CONCLUDING PROVISIONS
12.1. If the relationship based on a Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This shall have no bearing on consumer rights arising from generally binding legislation.
12.2. If any provision of the Terms and Conditions is invalid or unenforceable, or becomes so, the invalid provisions shall be replaced by a provision, the meaning of which is as close as possible to the invalid provision. The invalidity or unenforceability of one provision has no bearing on the validity of the other provisions. Amendments and additions to a Purchase Agreement or the Terms and Conditions must be made in writing.
12.3. The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic format and is not accessible.
12.4. A specimen of the form for withdrawal from a Purchase Agreement and a Defect Claim Form constitute an appendix to the Terms and Conditions.
12.5. Contact information of the Seller – mailing address: deelive atelier, a.s., Špálova 444/6, 162 00 Prague 6 – Střešovice, Czech Republic, e-mail: firstname.lastname@example.org, telephone +420 604 461 569.
These Terms and Conditions become valid on 1 Feb. 2017. The Company reserves the right to change the Terms and Conditions.
The last update of the Terms and Conditions is dated 1 Feb. 2017.