Terms and Conditions of naboso s.r.o., with registered office at Jaselská 464/38, 160 00 Prague 6, ID 03903796, VAT CZ03903796, registered in the Commercial Register maintained by the Municipal Court in Prague under case number C 239770 ("Seller").
A consumer is any individual who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, enters into a contract with the Seller or otherwise deals with the Seller.
An entrepreneur is a person who independently carries out a business activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently for profit purposes. For the purposes of consumer protection, an entrepreneur shall also include any person who concludes contracts in connection with his or her own business, manufacturing or similar activity or in the independent exercise of his or her profession, or any person who acts in the name of or on behalf of an entrepreneur. If the buyer provides his/her identification number in the order, he/she acknowledges that the rules set out in these terms and conditions for entrepreneurs apply to him/her. These terms and conditions apply to consumers and entrepreneurs in the online shop.
These terms and conditions ("T&C") govern the relationship between the Seller and the Buyer as both a Consumer and an Entrepreneur ("Buyer").
If the Buyer is an Entrepreneur who wants to buy as an Entrepreneur (under his/her own ID number), this is generally possible, but at retail prices (Consumer prices) even without setting up a special account in the e-shop (registration).
In order to purchase at wholesale prices (i.e. prices after the wholesale discount has been granted), the Buyer who is an Entrepreneur must register a wholesale account in the e-shop including the relevant settings.
When requesting the registration of a wholesale account, the Buyer Entrepreneur shall enter all the required data, including the VAT number and tax identification number, which will then be checked in the EU administrative register of economic entities via the VIES service. The Buyer Entrepreneur's request will then be assessed by the Seller, with the Seller reserving the right not to approve the registration of a wholesale account.
Upon successful registration of the wholesale account, the Buyer Business shall send the Seller a request to set up a wholesale account by email to email@example.com.
The Seller will inform the Buyer Business about the wholesale pricing settings by e-mail.
Ordering goods and concluding a contract
An order is a proposal to conclude a purchase contract, the subject of which is the goods specified in the order. By sending the order, the Buyer confirms that he agrees with these T&C and, in particular, if the Buyer is a Consumer, that he has been advised of the possibility of withdrawing from the contract within 14 days of receipt of the goods.
Sending the order is not possible without confirming the consent in the check box, together with the consent to the processing of personal data.
The purchase contract is concluded by acceptance of the order of goods including the purchase price by the Seller. The Buyer has the opportunity to check the order before submission and, if necessary, correct it. Upon receiving the order, the Seller shall send the Buyer an e-mail confirming receipt of the order. Within three working days of receiving the order, the Seller confirms the order by confirmation of acceptance, which results in the valid conclusion of the purchase contract. For the avoidance of doubt, the Seller expressly states and the Buyer acknowledges that the Seller is under no obligation to accept any order and has the right to reject the order.
Only after the acceptance of the order is the Seller obliged to procure and send the ordered goods to the Buyer within a reasonable time based on the state of the goods in stock. The Buyer, who is a Consumer, is entitled to cancel the contract by sending a notice of cancellation of the order by e-mail to firstname.lastname@example.org. Cancellation of the order is effective if it is received by the Seller before the Seller has handed over the goods for shipment to the Buyer. For the avoidance of doubt, the Seller expressly states that the right of cancellation according to the previous sentence is only granted to the Buyer who is a Consumer and in no case to the Buyer who is a Business or Entrepreneur.
If the Seller does not deliver the goods and does not send them to the Buyer within 3 months of receipt of the order, the purchase contract shall automatically terminate.
Prices for wholesale partners are calculated on the basis of a discount system. The price for the Consumer Buyer is indicated for each individual item in the e-shop. The price is binding for the duration of the offer.
The purchase price is deemed to be paid after the full purchase price has been credited to the Seller's account. The invoice issued on the basis of the purchase contract between the Seller and the Buyer also serves as a tax document and delivery note.
The Buyer may take delivery of the goods only after full payment of the purchase price, unless otherwise agreed. To the price of the goods is added the amount for packing and transport to the place specified by the Buyer. In the event that the Buyer makes payment in advance and the Seller is not able to ensure delivery of the selected goods within the agreed time, the Seller shall immediately return the payment to the Buyer in the agreed manner. The time limit for the refund of the purchase price depends on the method of refund (bank transfer, postal order).
The goods are usually delivered on the next working day after the date of confirmed dispatch by the supplier. The place of delivery of the goods is the address specified by the Buyer in the order. The Seller expressly states that it shall not be liable for any delay in delivery caused by any third party.
The shipment of goods always includes a tax document - invoice, which also serves as a warranty and delivery note. The buyer is obliged to inspect the goods immediately upon receipt. If mechanical damage to the packaging of the product is detected, the Buyer is obliged to check the condition of the goods in the presence of the carrier and, in the event of damage, make a record of the damage to the shipment and have this fact confirmed by the carrier.
By signing the delivery (shipping) note to the carrier, the Buyer agrees to accept the goods and confirms that they have arrived mechanically undamaged. Later claims caused by transport cannot be taken into account and will be rejected.
The ownership of the goods, as well as the risk of damage to the goods, passes to the Buyer upon acceptance of the goods. In the event that the Buyer, who is a Consumer, refuses to accept the goods for reasons on his side or without giving reasons, the Seller may withdraw from the contract, whereby the Buyer is obliged to reimburse the Seller for the costs associated with the transport of the goods. The Seller expressly states that if the Buyer, who is a Business or Entrepreneur, refuses to accept the goods, the purchase contract shall not be terminated and the Buyer shall bear all the costs of the Seller related to this situation.
The Buyer is obliged to inspect the delivered goods and the attached invoice after their receipt and notify the Seller of any defects and discrepancies with the actual condition of the goods immediately after receipt of the shipment from the carrier by e-mail to email@example.com. This applies especially in cases where the delivered goods do not match the content of the invoice or the invoice is not correctly filled in. In this notification, the Buyer is obliged to specify the defects.
If the Seller's obligation to hand over the goods to the Buyer has expired due to the Buyer's cancellation of the order (in the manner described above) or the expiry of the order's validity period according to these OP and the Buyer has paid for the goods in advance by means of a payment order to the Seller's account, the Seller is obliged to return the paid price of the goods to the Buyer within 10 working days of the cancellation of the order or the expiry of the order's validity period by means of a payment order to the Buyer's bank account.
Shipping of goods is carried out according to the choice of commercial package shipping service.
If the attempt to deliver the parcel at the place specified in the postal address is not successful, the carrier will deposit the parcel. The addressee will be advised to collect the parcel within a specified period of time from the designated warehouse.
The Seller shall charge postage and packing for each order. If the order is paid in advance, the Buyer is informed of the total price of the order (including postage and packing) in the notice of payment. If the order is paid on delivery, the price of postage and packing is reflected in the price of delivery.
From a certain value of the order pre-determined by the Seller, shipping and handling is free of charge by the carrier chosen by the Seller.
Ordered goods are sent on the basis of advance payment by bank transfer to one of the bank accounts, see billing information. In this case, the Buyer is informed of the total price of the order by means of a call for payment. Orders with a delivery address in the Czech Republic and Slovakia can also be sent by cash on delivery.
The legal liability for defects in the goods sold to the Buyer, who is a Consumer, is 24 months. The legal liability for defects in the goods sold for a Buyer who is a Business is 6 months. In both cases, the time limit begins to run at the moment of receipt of the goods by the Buyer.
The warranty covers manufacturing defects in the products or other defects that have not been caused by unprofessional or careless handling, use of the product contrary to its purpose or instructions, mechanical damage or improper wear and tear, fire or water or the action of other natural phenomena. For more information, see the Claims, Returns and Replacements section.
1) The Buyer's instruction on the right to withdraw from the contract and the withdrawal form template in accordance with Section 1820 (1) of the Czech Civil Code instructs the Buyer on the following:
1.1 You have the right to withdraw from this contract without giving any reason within 14 days from the day you receive the goods.
1.2 In order to exercise your right of withdrawal, you must inform the Seller, email address: firstname.lastname@example.org, of your withdrawal from this contract by unilateral legal action (for example, by letter sent via the postal service provider or by email). You may use the enclosed sample withdrawal form, but it is not your obligation to do so.
1.3 In the case of goods made or modified according to the Consumer's wishes, it is not possible to withdraw from the contract.
2.1 If you withdraw from the contract, you must send the goods back to the Seller. In this case, you shall bear the costs of sending the goods.
Pursuant to § 1832 of the Civil Code, the following further applies:
(1) If the consumer withdraws from the contract, the trader shall without undue delay, and at the latest within 14 days of the withdrawal, return to the consumer all funds received from the consumer under the contract in the same manner. (2) If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the trader, the trader shall reimburse the consumer for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery offered. (3) The trader shall reimburse the consumer for the costs of returning the goods if the trader has not warned the consumer of the obligation to bear those costs in accordance with section 1820(1)(g). (4) If the consumer withdraws from the contract of sale, the trader is not obliged to return the funds received to the consumer before the consumer has handed over the goods to the trader or proved that he has sent the goods to the trader.
3) Sample withdrawal form: The withdrawal form can be found HERE
4) Out-of-court dispute settlement: the competent authority for the out-of-court settlement of consumer disputes arising from the purchase contract is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, business ID: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade licensing authority. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.
160 00, Praha 6
These Terms and Conditions shall apply in cases where it is expressly stated to the process of concluding a contract and to the relationship between the Seller as a Business and the Buyer as a consumer within the meaning of applicable law. In the event that the Buyer purchases goods within the scope of his business activity, the provisions of these T&C, where it is stated that they apply only to Consumer Buyers, shall not apply. Unless otherwise agreed, if the Buyer is not a Consumer, the order sent shall be deemed to be a proposal for the conclusion of a contract and the purchase contract shall be concluded at the moment of delivery of the acceptance of the offer by the Seller to the Buyer.
The Buyer agrees to the conclusion of the contract, the content of which is these Terms and Conditions, by means of remote communication, i.e. means of communication that allow the contract to be concluded without the simultaneous physical presence of the parties. The Buyer shall bear the costs of the contract negotiations and the actual conclusion of the contract by means of distance communication.
The Seller and the Buyer undertake to resolve their disputes amicably by mutual negotiation as a matter of priority. In the event of a legal dispute, the general courts in the Czech Republic shall decide.
By ordering the goods, the Buyer confirms that prior to the actual ordering process, he/she has familiarized himself/herself with the information about the goods, the identification of the Seller, as well as the terms and conditions contained in this T&C document, which contains, among other things, the information required to be disclosed to the Buyer prior to the conclusion of the contract in accordance with applicable law.
These T&Cs are governed by the law of the Czech Republic, regardless of the place of delivery of the goods indicated by the Buyer. The contract concluded on the basis of the T&C is concluded exclusively in the Czech language.
The concluded contract shall be deposited with the Seller in accordance with applicable law. In the event of a request made by the Buyer after the acceptance of the goods, the Seller shall provide the Buyer with a copy of the concluded contract; in the event that providing the Buyer with a copy of the contract would be contrary to the legitimate interests of the Seller, the Seller shall have the right to refuse to provide a copy of the contract.
Changes to the T&C are possible only in the manner provided by law.
These terms and conditions shall apply to the extent and in the wording that is indicated on the Seller's website on the date of sending the binding electronic order. All legal transactions shall be governed by the applicable laws of the Czech Republic. These terms and conditions shall come into force on 22 May 2018.