Terms and Conditions

I. INTRODUCTORY PROVISIONS

1. These general business conditions (hereinafter referred to as "business conditions") are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter the "Civil Code")

ID:06103219
Tax ID:CZ06103219
address: Štíhlice 16, 28163
registered at the Municipal Court in Prague, file number
contact details:Štíhlice 16,28163
email: sal.lenka@seznam.cz
phone:+420778480900
www.malvarenaco.cz

hereinafter referred to as the ‘seller’

These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter: "buyer") through a web interface located on the website available at www .letapeczech.cz (hereinafter referred to as the "online store").
The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase contract are concluded in the Czech language.

II. INFORMATION ABOUT GOODS AND PRICES

Information about the goods, including the prices of individual goods and their main properties are given for individual goods in the online store catalog. The prices of the goods are stated including all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by ordinary mail. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
Any discounts with the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.

III.ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT

The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
The buyer orders the goods in the following ways:
• through his customer account, if he has previously registered in the online store,
• by filling in the order form without registration.
When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the ORDER button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation from the buyer that he has read these terms and conditions.
Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered as the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the email address of the buyer.
In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer's email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.
All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by phone to the phone number or email of the seller specified in these terms and conditions.
In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt. under these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.

IV. CUSTOMER ACCOUNT

If you register in the system of www.malvarenaco.cz you can order our goods. You can also order the good without a registration.
When you order the goods, you are obliged to state real personal details. These personal details will be considered as correct for the seller.
Access to the user account is secured by a username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access his/her user account.
The Buyer is not authorized to allow the use of the user account to third parties.
The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 2 years, or if the Buyer violates his/her obligations under the Purchase Contract (including the Terms and Conditions) or if the Seller changes the technology so that it is incompatible with the previous system.
The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, the maintenance of the hardware and software equipment of third parties. The Seller is not liable for the functionality of the customer account and reserves the right to change the functionality of the user account without prior notice.

V.Price of Goods and Payment Conditions

The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay in the following ways:
1. cashless transfer to the seller's account through the payment gateway:115-4468940207/0100, created by KB
2. cashless by a debit or credit card
3. payment in full for product upon delivery,
4. cash payment in full by personal collection at business premises
5. cash payment or cashless by debit or credit card by personal collection at dispasing site
Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 5 business days of concluding the Purchase Contract.
In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider
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.
The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
Under the Act on Registering of Sales, the Seller is required to issue a receipt to the Buyer. At the same time, the Seller is required to register the received revenue with the tax administrator online; in the case of a technical failure, within 48 hours at the latest.
The goods are delivered to the buyer:
- to the email address specified by the buyer in the order
- via dispension site, to the address of the dispension site, choosen by the Buyer
- by personal collection at business premises
The choice of delivery method is made during the ordering of goods.
The costs of delivery of goods, depending on the method of dispatch and receipt of goods, are specified in the buyer's order and in the order confirmation by the seller. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
The seller will issue a tax document - invoice to the buyer. The tax document is sent to the buyer's email address. The tax document is attached to the delivered goods.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

VI.WITHDRAWAL FROM THE CONTRACT

The buyer who concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
The withdrawal period shall be 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
- from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
The buyer may not withdraw from the purchase contract:
- the provision of services if they were performed with his prior explicit consent before the withdrawal period has expired and the seller has informed the buyer before the conclusion of the contract that in this case he is not entitled to withdraw from the contract,
- on the supply of goods or services the price of which depends on fluctuations in the financial market independently of the seller’s will and which may occur during the withdrawal period,
- on the delivery of goods which have been modified according to the wishes of the buyer or for his person,
- the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
- delivery of goods in a sealed package which the buyer has removed from the package and cannot be returned for hygienic reasons,
- delivery of audio or video recordings or computer programs if they have breached their original packaging,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content, unless delivered on a tangible medium and delivered with the Buyer’s prior express consent prior to the expiry of the withdrawal period, and prior to the conclusion of the contract, the seller has informed the buyer that he is not entitled to withdraw from the contract;
- in other cases referred to in § 1837 of the Civil Code.
4. To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.

5. In order to withdraw from the Purchase Agreement, the Buyer shall email the reason for the withdrawal and its contact details. The buyer shall send the withdrawal from the contract to the e-mail stated in these terms and conditions. The Seller shall acknowledge receipt to the Buyer without delay.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract to the seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their normal postal nature.

7. If the Buyer withdraws from the contract, the Seller shall return to him / her all funds, including delivery costs, received by him / her in the same manner without delay, but no later than 45 days from the withdrawal.

8. If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the cost of delivery of the goods corresponding to the cheapest method of delivery offered.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that the goods sent to the seller.

10. The goods must be returned to the Seller undamaged, worn and unpolluted and if possible in the original packaging. The seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the buyer’s claim for refund of the purchase price.

11. The Seller is entitled to withdraw from the Purchase Agreement due to the stock sellout, unavailability of the goods or if the manufacturer, importer or supplier of the goods has stopped the production or import of the goods. The Seller shall promptly inform the Buyer via the email address stated in the order and shall return all funds including delivery costs received by the Buyer within 14 days of the notice of withdrawal, in the same way or in the manner specified by the Buyer.

VII.Rights from defective performance

1. The seller is liable to the buyer that the goods are free from defects. In particular, the seller is liable to the buyer that at the time when the buyer has received the goods:

the goods have the properties agreed by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
the goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
the goods are of an appropriate quantity, measure or weight, and
goods comply with legal requirements.

2. If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear of the goods caused by its normal use, to second-hand goods with a defect corresponding to the level of use or wear because of the nature of the goods.

3. In the event of a defect, the Buyer may submit a claim to the Seller and request:

exchange for new goods,
reasonable discount on the purchase price,
withdraw from the contract.

4. The buyer has the right to withdraw from the contract,

if the goods have a material defect,
if he / she cannot properly use the item for repeated occurrence of a defect or defects after repair,
in the case of multiple defects of goods

5. The Seller is obliged to accept the complaint at any establishment in which acceptance of the complaint is possible, possibly also at the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what method the complaint is requested by the Buyer, as well as confirmation of the date and method of handling the complaint, rejection of the complaint.

6. The Seller or an employee authorized by the Seller shall decide on the claim as soon as possible. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be handled promptly, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment when the claim of the buyer (the exercise of the right from defective performance) occurs to the seller is considered the moment of the claim.

7. The Seller shall inform the Buyer in writing of the result of the claim.

8. The buyer does not have the right from defective performance if the buyer knew before the takeover of the item that the item was defective or if the buyer himself caused the defect.

9. In the case of a justified claim, the buyer has the right to compensation for reasonably incurred costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the warranty period has expired.

10. The buyer has the choice of way of claim.

11. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.

VII. Delivery

1. The Contracting Parties may transmit all written correspondence to each other by electronic mail.

2. The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the email address stated in his customer account or order.

VIII. PERSONAL DATA

The Seller performs their information obligation in relation to NP Buyer within the meaning of Article 13 of the Regulation (EC) No. 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR Regulation”) relating to the processing of the Buyer’s personal data for the purpose of performance of a Purchase Contract, for the purpose of negotiations relating to a Purchase Contract and for the purpose of complying with the public law obligations, through a separate document.

IX. OUT-OFCOURT SETTLEMENT OF DISPUTES

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.

2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.

X. FINAL PROVISION

All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
All rights to the seller's website, in particular the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

These Terms and Conditions come into effect on 2.12.2020