Terms and Conditions
store operator on klarabila.cz
(hereinafter referred to as the “Terms and Conditions”)
I. Introductory provisions
- These terms and conditions govern the mutual rights and obligations between the company Klára Bílá, Holešovice, U smaltovny 1335 / 20e 17000 Praha Holešovice, IČ: 71784187 , (hereinafter referred to as the “seller”), entered in the Commercial Register kept by the Municipal Court in Prague under file no. C314268 / MSPH, as the seller, on the one hand, and the customer, as the buyer, on the other (hereinafter referred to as the “customer”).
- The buyer, who is a consumer (hereinafter referred to as the “customer”), and the seller (collectively referred to as the “contracting parties”) under the conditions below, conclude in accordance with § 2079 of Act no. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Act”) is a contract for the purchase of goods with the rights and obligations of the contracting parties defined below (hereinafter referred to as the “Contract”). The contract can only be concluded in the Czech language.
- The contract is concluded between the seller and the customer electronically, through the e-shop on the seller’s website at klarabila.cz (hereinafter the “website”).
- Only the consumer can be a customer. In the event that the Contract is not concluded by the buyer, who is a consumer by law, he does not have the rights specified in the terms and conditions, which by law belong only to consumers.
II. Conclusion of the Agreement
- The seller presents a catalog of goods and services on the website – especially clothing, posters and other ancillary goods (hereinafter referred to as “products”).
- The offer of products on the website is not a proposal for the conclusion of a contract in the sense of § 1731 et seq. of the law. The information on the availability and delivery time of the products displayed on the website is only indicative with regard to the delivery times of the suppliers, availability and other decisive circumstances. The images of the products (especially color shades, variable parts of the product) are by nature only illustrative, the final product may differ in appearance depending on circumstances beyond the seller’s control.
- Conclusion of the Agreement: The person interested in purchasing the product creates an order via the website by adding a specific product, after selecting the sizes or other parameters of the goods, to the basket by clicking on the “Add to basket” button. In case of successful insertion of the product into the basket, stating: a) the number of pieces and any type of product,
(b) the method of delivery of the product,
c) customer identification and
(d) the method of payment and any other information, if required,
- after clicking on the “Order” button, a product order (hereinafter referred to as “order”) is created on the cashier’s page, which is a binding proposal for the conclusion of the Contract against the seller with the content specified in the order. Before sending the order in a binding manner, the customer is allowed to check and change the data he has entered in the order.
- Any additional information about the order, such as a specification of the color, type or design of the product, or any other details, messages and requirements for the seller, is addressed to the “note” window that appears at the bottom of the form.
- The seller is not obliged to accept the order. The conclusion and effectiveness of the Agreement between the seller and the customer occurs at the time of acceptance of the order by the seller by sending a confirmation email to the email address of the customer specified in the order. The deadline for acceptance of the order by the seller is three working days. If you have not received an order confirmation within five business days of sending it, please contact the seller at the email address provided at the end of these terms.
III. Content of the Agreement
- By concluding the Contract, the seller undertakes to deliver the product according to the order, to the place specified in the order as the place of performance (customer or customer designated person or to the customer specified place) and the customer undertakes to pay the seller for the product and its transport order.
- The delivery date of the product stated in the order is non-binding for the seller and only indicative, it depends on the delivery times of the manufacturer and the availability of goods. With regard to the nature of the performance, the Seller does not guarantee the exact delivery date stated in the order, but will make reasonable efforts to ensure that the date according tohe fulfilled the customer’s wishes.
- The customer is obliged to check the condition, number and quality of the product immediately after receiving it.
- The customer is obliged to notify the seller of product defects without undue delay after delivery of the product, to the seller’s address specified in Article I of the Terms and Conditions, or electronically to the email address listed at the end of these terms.
IV. Product price and method of payment
- Unless otherwise stated on the website, the prices of the products displayed for a specific product include value added tax. In the case of production to order, the price is set at CZK 500 per design and after the calculation of the calculation, 50% of the price in advance and the rest when the order is made.
- The customer pays for the transport of the product to the place of performance, or for packaging and other related costs. The customer will be informed of the amount of these costs and the price of transport before sending the order.
- The price of products can be paid in the following ways:
a) online payment card
b) cash on delivery in cash
- The Seller shall issue and hand over to the Customer a tax document for the performance under the Contract at the latest at the same time as this performance.
V. Consumer information
- The provisions of this Article V of the Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller acts when ordering goods in the course of his business.
- Seller contact information:
(a) the address for service indicated at the end of these conditions
(b) the e-mail address given at the end of these conditions
(c) the telephone contact specified at the end of these conditions
- The provider is authorized to sell products on the basis of a trade license and its activities are not subject to any other permit. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office.
- In the event of defective performance of the seller, the customer has the right according to § 2099 et seq. of the Civil Code. The seller does not provide any special guarantee for the quality of the products in the sense of § 2113 of the Civil Code.
- By submitting an order, the Customer agrees to the use of means of distance communication when concluding the Contract.
- The customer, who is a consumer by law, has the right to withdraw from the Contract concluded via the website within 14 days of receipt of the product by the customer. This does not apply in cases where the subject of the Contract is the delivery of a product that has been modified according to the customer’s wishes or for his person.
- The Seller hereby warns the customer that for Contracts concluded in the so-called distance manner by means of distance communication, according to the law:
a) the costs of means of distance communication in connection with the conclusion of the Contract do not differ from the basic rate (costs of internet connection, etc.) and the customer pays these costs himself
b) a deposit for the price of the product is not required, the entire price of the product must be paid either before sending to the customer or paid by the customer upon delivery (cash on delivery), except for custom production with a deposit of 50% in advance
c) in the event of withdrawal from the Contract, the customer shall bear the costs associated with the return of the product
d) By exercising the right to withdraw from the Contract within the period stipulated by law, the customer is not entitled to reimbursement of postage spent on returning the product to the seller, except for custom production
- If the customer withdraws from the Contract concluded by distance, the Seller shall return to him without undue delay, no later than fourteen days after withdrawal from the Contract, all funds, including delivery costs, which he received from him under the Contract, in the same way. The seller will return the received funds to the customer in another way only if the customer has agreed and if he does not incur additional costs. Except custom manufacturing. In this case, it is not possible to withdraw without giving a reason within 14 days.
- If the customer has chosen a method of delivery other than the cheapest product offered by the seller, the seller will reimburse the customer for the cost of delivery of the goods corresponding to the cheapest offered method of product delivery.
VI. Undelivered (uncollected) shipments
- As part of your order, the buyer chooses the method of delivery, either by mail or another carrier. In the event that the buyer chooses the option of delivery by post or courier, he hereby agrees to pay the price for transport (hereinafter referred to as the “price of transport”).
- If the shipment returns as undelivered Without the fault of the seller (the carrier did not find the addressee, did not notify the deposit of the shipment, the customer did not accept the shipment), the seller is entitled to demand that the customer pay the price of transport.
- In the event that the order (including any shipping cost) has already been paid for and has not been delivered in accordance with point VI. paragraph 2 of the Terms and Conditions, the buyer may request a re-shipment. Resending may only take place after the transport price has been reimbursed.
- The seller is responsible for defects in relation to the customer (conflict of the product with the Contract). In the event of product defects, the customer has, according to his choice, the following rights: a) the right to eliminate the defect by delivery of a new item without a defect or by delivery of a missing item,
b) the right to rectify the defect by repairing the thing,
(c) the right to a reasonable discount to the purchase price; or
d) the right to withdraw from the Contract. whereas the specific conditions for the realization of the above-mentioned rights of the customer are specified in individual generally binding legal regulations valid in the Czech Republic, especially in the provisions of § 1914 to § 1925, § 2087 to § 2117 and § 2158 to § 2174 in Act no. 89/2012 Coll., Civil Code, and in the provisions of Act no. 634/1992 Coll., On consumer protection. The exception is custom manufacturing. In this case, it is not possible to withdraw without giving a reason.
- The customer is obliged to deliver or send the defective product together with the complaint to the seller’s address and attach a description of the defect and data enabling the customer to be identified.
VIII. Consumer Dispute Resolution
- The entity authorized to resolve disputes under the Agreement out of court is the Czech Trade Inspection Authority.
- The customer has the right to contact the Czech Trade Inspection Authority with a complaint in connection with performance under the concluded Contract or a proposal to initiate an out-of-court settlement of a dispute with the seller to the Czech Trade Inspection, Štěpánská 15, 120 00 Prague 2. More information at adr.coi. cz
IX. Final provisions
- The legal relationship between the seller and the customer is governed by Czech law. If the Agreement contains a foreign element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
- If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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 shall not affect the validity of the other provisions. Amendments to the Agreement or the Terms and Conditions require a written form.
- The contract is archived by the seller in electronic form. The content of the order will be received by the customer in a confirmation email and these terms and conditions are available at any time on the website or under the following link [Terms and Conditions].
- The wording of the terms and conditions may be amended or supplemented by the seller to a reasonable extent without the customer’s consent. The change of business conditions does not affect the already concluded Contracts.
- Provisions deviating from the business conditions can be agreed with the customer in an individual case in writing otherwise only by the seller expressly confirming the change in the content of the Contract in the acceptance of the order. The deviating arrangements thus confirmed shall take precedence over the provisions of the terms and conditions.
- These terms and conditions are effective as of November 29, 2019
Contacts: Klára Bílá, U smaltovny 1335 / 20e, 17000 Prague – Holešovice, +420 604 440 462, info (at) klarabila.cz
Specimen withdrawal form from a distance, where required by law:
Addressee: Klára Bílá, Holešovice, U smaltovny 1335 / 20e, 170 00 Prague – Holešovice
I, the undersigned (customer identification) hereby withdraw from the purchase contract or contracts for the provision of services concluded at a distance with the seller Klára Bílá concluded on ___________________ under the order number ____________________________ (state the order number or other unique identification).
Please return the paid purchase price to my bank account number _______________________ / _______ (fill in the bank account number for the refund).
(Date, customer’s signature)