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B2C TERMS AND CONDITIONS
G E N E R A L T E R M S A N D C O N D I T I O N S
Description of the terms and conditions for consumers:
The content of this description is for information purposes only, provided that the binding text is contained in a published PDF document
Consumer Terms and Conditions:
The contents of this text are for information only, provided that the binding version is contained in a published PDF document.
Terms and conditions of Monobrand s.r.o.
IČ: 04627962, V pátém 271, 19014 Praha - Klanovice, Czech Republic
(hereinafter referred to as the "Company" or "Seller")
for the sale of goods via the on-line shop located at the Internet address www.dumvypinacu.cz.
1. Introductory provisions
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company Monobrand s.r.o., with registered office at V pátém 271, 19014 Prague - Klanovice, Czech Republic, identification number: 04627962, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 251042 (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.dumvypinacu.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a juridical person or a person who acts in the course of ordering goods in the course of his/her business or in the course of his/her independent practice of his/her profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. The deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. User account
2.1 Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. From his user interface, the Buyer can order goods (hereinafter referred to as "user account").
2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer has not used his user account for more than three years. In such a case, however, the Buyer shall be notified by means of the e-mail that the Buyer provided during registration or later entered in the user interface of his/her user account. The Seller may also cancel the account without prior notice if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Seller allows the Buyer to access their personal data, make changes and corrections to it and subscribe/unsubscribe to email newsletters via their user account. The Seller also provides the Buyer with access to the history of their orders and related documents, and provides the Buyer with the function of pre-filling order forms for repeat orders. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. Conclusion of the purchase contract
3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The Seller reserves the right to send the instructions for use of the goods in electronic form. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
3.4.1. ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods,
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and amend the data entered by the Buyer in the Order, including with respect to the Buyer's ability to detect and correct any errors made in entering data into the Order. The Buyer shall send the order to the Seller by clicking on the "Order with payment obligation" button. The data provided in the order shall be considered by the Seller as serious, complete and correct. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address"). However, this acknowledgement of receipt of the order by the Seller does not constitute acceptance of the Buyer's order by the Seller - see below.
3.6 The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone). If the transaction is carried out via a telephone offer, the Seller shall confirm the offer to the Buyer in text form to the Buyer's e-mail contact or the address provided. If the buyer is interested in the purchase, in order to conclude the contract, the buyer is obliged to respond to the seller's offer electronically or by signing the offer confirmation on the deed.
3.7. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address. The order recapitulation, which is automatically generated by the system after the order has been sent, is not considered to be the order acceptance - see point 3.5. of these terms and conditions. The contractual relationship shall only be established by the delivery of the Seller's e-mail of the Buyer's order acceptance to the Buyer.
3.8 The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously substantially breached their obligations towards the Seller.
3.9 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (i.e. in particular the cost of internet connection, the cost of telephone calls) shall be borne by the Buyer.
4. Price of goods and payment terms
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
4.2. in cash at the place specified by the Buyer in the order (cannot be used for larger goods which are delivered to the Customer directly by the manufacturer); by wire transfer to the Seller's account No. 2301623534/2010 and 23016233534/2010, maintained with Fio banka, a.s. (hereinafter referred to as the "Seller's account");
4.3. by card and by quick transfer via internet banking through the payment gateway Shoptet Pay;
4.4 Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.5 In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the conclusion of the purchase contract. Goods cannot be sent by cash on delivery to a country other than the Czech Republic. Cash on delivery cannot be used to pay for goods that are delivered to the customer directly by the manufacturer (typically larger goods).
4.6 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.7 The Seller is entitled, especially in the case of the Buyer's failure to confirm the order (Article 3.6) and especially in the case of larger or more expensive goods, to require payment of the full purchase price before the goods are sent to the Buyer. Section 2119(1) of the Civil Code shall not apply.
4.8. The Seller is entitled to require payment of a deposit (usually in the amount of 60% of the purchase price of the ordered goods, in individual cases, depending on the type of goods, even higher) in advance to the Seller's account specified in the email confirming the acceptance of the order, especially if the order exceeds the amount of 10 000,- CZK (including VAT and costs associated with the delivery of goods) or if any of the items of the order is goods that will be customized according to the wishes of the Buyer or for his person - see. Any request by the Seller for payment of the deposit according to the previous sentence will be indicated in the email confirming the acceptance of the order. The payment of the deposit does not exclude the Seller's right to demand payment up to the full amount of the purchase price before dispatch of the goods in accordance with clause 4.5.
4.9 Until full payment of the price for the ordered goods, or postage and packing, the goods shall remain the property of the Seller.
4.10. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined. The Seller shall also communicate to the Buyer, at the same time as the discounts granted, the lowest price at which the goods were sold for 30 days prior to the discount, unless the discount is granted in stages. The Seller reserves the right to provide such discount information either directly at the listed price or in another similar manner.
4.11. If it is customary in the course of business or if provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
5. Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a contract for the supply of goods that have been manufactured to the Buyer's requirements or adapted to the Buyer's personal needs, from a contract for the supply of perishable goods or goods with a short shelf life, as well as goods, from a contract for the supply of goods in sealed packaging which the buyer has broken and which, for reasons of hygiene or health, is not suitable for return, and from a contract for the supply of a sound or visual recording or a computer program in sealed packaging if the buyer has broken it.
5.2 Goods which have been manufactured and/or customised to the buyer's requirements and/or needs include, but are not limited to, those goods which are ordered from the manufacturer by the seller and/or manufactured by the manufacturer in one of the several design variants offered (e.g. colour or finish, staining, upholstery, etc.) only after the buyer has accepted the order. On the details of the goods in the dumvypinacu.cz online shop, these goods are marked as "on order". The Buyer can also find the indication of the goods "on order" in the recapitulation of the order, which was sent to him by e-mail after the acceptance of the order in the Seller's system.
5.3 Unless the case referred to in Article 5.1 or 5.2 or any other case where the Purchase Contract cannot be withdrawn from, the Buyer may withdraw from the Purchase Contract within fourteen (14) days from the receipt of the goods by the Buyer or a designated person other than the carrier, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the Purchase Contract is several pieces of goods, this period shall run from the date of receipt of the last piece of goods. The cancellation of the purchase contract must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer can use the sample form on the website www.dumvypinacu.cz. The Buyer may send the withdrawal from the Purchase Contract, among other things, to the Seller's registered office address or to the Seller's e-mail address ahoj@dumvpinacu.cz. The Seller shall confirm the receipt of the withdrawal from the Purchase Agreement to the Buyer in text form without undue delay.
5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller, as a rule, within fourteen (14) days of the withdrawal from the contract to the Seller, but no later than 30 days after the withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature. The goods must be returned to the seller undamaged and unworn and, if possible, in their original packaging.
5.5 Within five (5) days of the return of goods by the Buyer pursuant to Article 5.3 of the Terms and Conditions, the Seller is entitled to examine the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
5.6 In the event of withdrawal from the Contract pursuant to Article 5.3 of the Terms and Conditions, the Seller shall return the funds, including delivery costs, received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in an amount equal to the cheapest method of delivery offered. The Seller shall also be entitled to return the performance provided by the Buyer already when the Buyer returns the goods or in another way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the entrepreneur.
5.7 The Buyer acknowledges that if the Goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage caused to the Buyer. The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.8 In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In this case, the seller shall refund the purchase price to the buyer without undue delay, without any delay, by cash to the account designated by the buyer.
5.9 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
Withdrawal template in published PDF document type.
6. Transport and delivery of goods
6.1 If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the Goods upon delivery.
6.3 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. By accepting the shipment from the carrier and signing for the shipment, the buyer confirms that the packaging of the shipment containing the goods was intact.
6.5 Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. Rights from defective performance
7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code).
7.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller shall be liable to the buyer that the goods:
7.2.1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
7.2.2. it is fit for the purpose for which the Buyer requires it and to which the Seller has agreed, and,
7.2.3. it is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation,
7.2.4. it is fit for the purpose for which a thing of that kind is normally used, including having regard to the rights of third parties, legislation, technical standards or industry codes of practice, where there are no technical standards,
7.2.5. it corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that the buyer can reasonably expect, also taking into account public statements made by the seller or by another person in the same contractual chain, in particular advertising or labelling,
7.2.6. the item is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the buyer may reasonably expect; and
7.2.7. the item corresponds in quality or workmanship to the sample or specimen provided by the seller to the buyer before the contract was made.
7.2.8 The seller is not bound by a public statement under 7.2.5 if he proves that he was not aware of it or that it was modified at the time of the contract in at least a comparable manner to that in which it was made or that it could not have influenced the decision to purchase.
7.2.9 Articles 7.2.4 to 7.2.7 do not apply if the seller has specifically advised the buyer before the conclusion of the contract that a feature of the item is different and the buyer expressly agreed to this when concluding the contract.
7.2.10. This period does not run for the time during which the buyer cannot use the item, if he has rightly pointed out the defect.
7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods whose defect is self-inflicted, to wear and tear caused by normal use of the goods, or, in the case of second-hand goods, to a defect corresponding to the extent of their previous use.
7.4 If a defect manifests itself within one year of receipt, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the time during which the buyer cannot use the goods, if he has rightly pointed out the defect. The buyer may complain about a defect that occurs in consumer goods within two years of receipt. For second-hand goods, the time limit for complaining about a defect is 1 year.
7.5 The Buyer shall assert his rights from defective performance (claims) at the Seller's premises at Sokolovská 409/120, 190 14 Prague 8.
7.6 The Buyer shall be liable to the Seller only for the decrease in the value of the goods, which has arisen as a result of handling the goods in a manner other than that necessary to acquaint him with the nature, characteristics and functionality of the goods.
7.7 Other rights and obligations of the parties relating to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. Other rights and obligations of the parties
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
8.2 The Buyer acknowledges that the software and other components forming the web interface of the e-shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the e-shop.
8.3 The Buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the operation of the web interface of the e-shop when using the web interface of the e-shop. The web interface of the e-shop may only be used to the extent that is not detrimental to the rights of other customers of the Seller and that is in accordance with its purpose.
8.4 The Seller is not bound by any codes of conduct or any other relationship that could be construed as a mutual and established business practice in relation to the Buyer.
8.5 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the seller. The application may be submitted no later than 1 year after the date on which the consumer first exercised his or her right, which is the subject of the dispute, with the seller. Supervision of compliance with the obligations under Act No 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).
8.6 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 office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
8.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. Privacy Policy
9.1 The manner in which the Buyer's personal data is processed is set out in a separate document "Information on the processing of personal data" which contains, among other things, information to the extent required by the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (known as the GDPR).
9.2 The processing of the Buyer's personal data is generally carried out for the purpose of concluding and performing the Purchase Contract, for the purpose of fulfilling the Seller's legal obligation and because of the Seller's legitimate interests, which are justified in the document "Information on the processing of personal data".
10. Sending commercial communications and storing cookies
10.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address. The Buyer has the option to simply refuse to consent to the sending of such information. The manner of processing of the Buyer's personal data for the purpose of sending information is set out in a separate document "Information on the processing of personal data".
10.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract fulfilled without the storage of cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.
11. Delivery
11.1 Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing, either by electronic mail, in person or by registered mail via a postal service provider (at the sender's choice). The Buyer shall be delivered to the e-mail address specified in his/her user account.
12. Final provisions
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall 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 contract of sale or the terms and conditions shall be in writing.
12.3 The Purchase Contract including the Terms and Conditions shall be archived by the Seller in electronic form and shall not be accessible.
12.4 The sample form for withdrawal from the Purchase Agreement and the Information on the processing of personal data are annexed to the Terms and Conditions.
12.5 Contact details of the Seller: delivery address Monobrand s.r.o., V Pátém 271, 190 14 Prague - Klánovice, Czech Republic, e-mail address ahoj@dumvypinacu.cz or telephone +420 601 323 856.
Prague, 03. 05. 2023
These terms and conditions come into force and effect on 03/05/2023.
Documents for download:
Dumvypinacu.cz_Reklamační protokol