TERMS AND CONDITIONS AND COMPLAINT PROCEDURE
Spirit of Europe sro ., Which manages the Spirit of Prague brand and the online shop www.spiritofprague.com, IČO 17288754, with a registered office in Křižíkova 66, Karlín , 186 00 Prague 8, registered with the Municipal Court of Prague with file number C 369455 (hereinafter referred to as " Seller ") hereby publishes its own terms and conditions (hereinafter also " T&C "), which apply to the purchase of goods offered by the Seller in the online shop e-shop on-site www.spiritofprague.com (hereinafter referred to as the " Site ").
TERMS AND CONDITIONS
I. GENERAL PROVISIONS
By confirming his order or making a purchase in the store, the Buyer accepts these OPs of the Seller to regulate the mutual rights and obligations of the parties in the relationship resulting from the sale of the goods by the Seller. These T & Cs are binding for the buyer and the seller unless otherwise stated in the concluded contract. These T & Cs in their current form are part of the purchase agreement. The rights and obligations not expressly governed by these T&C are governed by the provisions of generally binding laws, in particular by the Civil Code and subsequent amendments.
- INFORMATION OBLIGATION
The Seller informs the Buyer and, by confirming the order, the Buyer confirms that he has been and is informed by the Seller of the following:
I. on the identity of the seller, which is Spirit of Europe sro, IČO 17288754, with its registered office at Křižíkova 66, Karlín , 186 00 Prague 8, registered with the Municipal Court of Prague under the file number C 369455. The telephone numbers, the address for e-mail delivery, and other details contact details are reported on the Site at the Contact link, including the bank connection used by the Seller,
II. about the designation of the goods offered for sale by the Seller (hereinafter referred to as " goods ") and a description of its main characteristics, which is always listed on the Site individually for each good offered, or through a link - a cross-link to other websites (manufacturer/distributor, etc.),
III. about the price of the goods, or the method of its calculation, including all taxes and commissions, so that the price is always indicated for the individual goods offered for sale and this price is always final, including VAT,
IV. about the payment methods, including any obligation to pay advances, so that these are always listed (or with the possibility of choosing the buyer) for the individual goods, the choice of payment methods offered for the goods is the responsibility of the buyer, and the chosen payment method cannot be subsequently changed without the consent of the Seller,
V. about the method of delivery of the goods, so that the method of delivery is always indicated (with the possibility of choosing the buyer) for the individual goods, the choice of the methods offered is up to the buyer, and the chosen method of delivery cannot be subsequently modified without the Seller's consent,
VI. on the costs of delivery of the goods in such a way that these are always indicated with the method of delivery of the goods, by choosing the method of delivery of the goods, the buyer also chooses and agrees with the declared costs that he must pay for the delivery of the goods,
VII. on the data on the rights deriving from a defective performance, as well as on the warranty rights and on other conditions for the exercise of these rights, as specified further on in these T&C,
VIII. the fact that the Seller keeps in digital and protected form the content of the orders that lead to the conclusion of a purchase contract with the buyer, including personal and other data communicated by the buyer, and for their protection it uses the measures techniques in force corresponding to the usual technical and safety systems currently used; the buyer has the right at any time to request information on the technical means currently used and the seller will inform the buyer thereof upon request to the extent sufficient for the information of the buyer and without threatening the seller's trade secrets and other confidentiality of the information, (more on the Privacy Policy)
IX. on the fact that the digital content of the orders and any other data stored by the Seller is compatible (and usable) with commonly used hardware, or personal computers on Apple's PC and Mac platforms, and software - commonly used office systems, or in in particular the Microsoft Office suite - currently in use (in particular in Word, Excel, etc.), Acrobat Reader (in particular in PDF format), common Internet formats (in html format). In accordance with the relevant legal regulations, the seller communicates the above formats and names in an attempt to communicate clearly in a commonly used form,
X. on the costs of remote means of communication, so that no other costs, fees, etc., are associated with the use of the Site, except the costs necessary for the Internet connection, which are borne by the buyer depending on the Internet connection service used by him,
XI. on the possibility of withdrawal so that the buyer has the right to withdraw from the purchase contract without indicating the reason, within fourteen days from the date of acceptance of the goods (its last part), as specified below, and that in the event of withdrawal from purchase contract of the contract, the buyer will bear the costs related to the return of the goods, and in the case of a contract concluded by remote communication, the costs of returning the goods, if this cannot be returned by ordinary mail by its nature;
XII. the fact that the buyer has the right to submit complaints to the Seller in any form and any matter, and the Seller will deal with them and endeavor to resolve them; the buyer can also file a complaint with a state supervisory or supervisory authority, which is:
a) Czech Trade Inspection (www.coi.cz) - for consumer protection,
b) trade authorities (www.statnisprava.cz) - oversight of compliance obligations in the trade and services sector,
c) Office for the protection of personal data (www.uoou.cz) - protection of personal data,
d) out-of-court dispute resolution - in particular on https://adr.coi.cz/cs, if the parties do not agree on an amicable settlement of their disputes, each of them can refer to the competent court,
XIII. the fact that the order will be filed electronically with him and will allow the buyer to access it upon request, that the order and the other steps leading to the conclusion of the purchase contract and the Website are in English,
XIV. that the purchase contract is concluded by ordering the goods through the Site, or by filling in the necessary data in the order form and confirming the order,
XV. of the fact that in case of detection of errors that have arisen during the insertion of the data before the confirmation of the order by the buyer, it is possible to correct them in the same way in which the incorrect data were entered,
XVI. the fact that the Seller publishes on the Site codes of conduct that bind it or that voluntarily observe; if the Site does not contain a code of conduct, no code of conduct is yet binding on the Seller.
XVII. on the fact that the buyer has the right to download these T & Cs in textual form in addition to the order sent from the Site.
If any provision of these T & Cs deviates from the legal regulation of consumer protection, it will not be taken into consideration. This also applies if the buyer waives a special right granted to him by law.
OBJECT OF THE CONTRACT AND ITS CONCLUSION
1. Through the e-shop present on the Site, the Buyer can purchase the goods offered by the Seller and enter into a purchase contract with the Seller (hereinafter also the " Contract ").
2. The purchase of goods through the Site is offered by the Seller as part of its retail activity and is not intended for the sale of goods for resale as part of the Buyer's commercial activity. If the buyer indicates his identification number and VAT number in the order form, he has no right to resell the delivered goods.
3. The conclusion of the Contract between the Seller and the buyer takes place by sending the order by the buyer through a completed order form and its confirmation by the Seller.
4. In justified cases, especially in the case of doubts about the correctness or gravity of the order, the Seller has the right to ask the buyer for authorization of the order sent. If the buyer refuses to authorize the order or is not contacted, the order is considered not executed.
5. In justified cases, the Seller allows the conclusion of the Contract also through remote means of communication other than the Site. In this case, the Contract is concluded only when the Seller and the Buyer agree on all the essential requirements.
6. The buyer is responsible for the correctness and feasibility of the order. The seller is not responsible if the buyer does not receive the ordered goods, if the courier delivers them to another person at the delivery address indicated by the buyer or if another person refuses to deliver the goods to that address. In this case, the cost of returning the goods is borne by the buyer.
7. The seller has the right to use technical means that prevent the robotic compilation of the order form.
8. If the Buyer orders goods that are no longer available from the Seller at the time the order is processed, the Seller will immediately notify the Buyer and, unless otherwise agreed, will refund the price paid for the goods.
9. The Buyer has the option to cancel his order before delivery of the goods electronically. The cancellation of the order is considered a withdrawal from the purchase contract.
PLACE OF FULFILLMENT / DELIVERY
1. The place of fulfillment - is the address indicated by the buyer in the order for the delivery of the goods. The seller delivers to all addresses in the Czech Republic.
2. Ownership of the goods passes to the buyer upon delivery to the place of performance, regardless of who brings them there.
3. The buyer is required to check the integrity of the packaging before taking delivery of the shipment from the courier. The Seller packs the goods exclusively in new cartons, where any damage is easily visible visually. If the buyer takes delivery of the package from the courier with damaged packaging, he excludes the seller from liability for damage caused to him.
PRICE
1. The purchase prices of the goods indicated on the Site are valid at the time of conclusion of the Contract, are final, and include VAT at the currently applicable rate.
2. The Buyer is obliged to pay the purchase price in the method chosen by him, including the price for the chosen method of delivery of the goods and the price for the payment method chosen.
3. The purchase price is considered paid as regards the choice of payment method only when it is credited to the Seller's account.
SHIPPING TIMES
1. The seller sends the goods no later than the 3rd working day following the conclusion of the Contract.
2. The seller may extend the deadline for shipping depending on the circumstances if it is caused by force majeure or circumstances beyond the seller's fault.
3. If the Seller is unable to dispatch the goods on time, he will notify the Buyer without undue delay.
COSTS OF DELIVERY OF GOODS
1. In addition to the purchase price of the goods, the Buyer is also obliged to pay the Seller the cost of delivery of the goods (postage) in the same way as the purchase price, in the price specified for the method of delivery of the goods chosen by him on the Site. The seller does not charge any costs for packaging.
PAYMENT METHOD
1. The price of the goods and the cost of delivering the goods are the responsibility of the buyer using a payment card, bank transfer, or Paypal in other cases.
WITHDRAWAL FROM THE CONTRACT WITHOUT ASSIGNMENT OF REASON
1. The buyer, who is a consumer within the meaning of § 419 of the Civil Code No. 89/2012 Coll ., Has the right to withdraw from the contract concluded through the Site (means of remote communication) within 14 days from the day on which he or a third party designated by him (other than the carrier) will take delivery of the goods or last delivery of the goods if the subject of the Contract is different types of goods or the delivery of several parts of the goods.
2. Written communication by the buyer of the withdrawal from the purchase contract must be sent before or during the return of the goods to the Seller; you can send it to the electronic address.
3. If the buyer withdraws from the Contract, he will send or deliver the goods to the Seller without undue delay (no later than 5 days from the withdrawal from the Contract) and the Seller will send him the goods without undue delay, no later than 14 days from the day into whom the withdrawal from the Contract has been communicated, all payments received by the buyer, including delivery costs (with the exception of additional costs incurred as a result of the delivery method chosen by the buyer, which is different from the cheaper standard delivery method offered by the Seller). The same means of payment used by the buyer to pay the purchase price of the goods will be used for the return of payments unless otherwise agreed upon between the parties.
4. The Seller does not accept unsolicited shipments on delivery or at the Seller's expense. However, the easiest way to return goods is to use the Zásilkovny returns service, where the customer can return the goods completely free of charge.
HOW?
Bring the goods packed with your name and address to any branch in Zásilkovna. After dictating the ID number of our company, the branch in the system prints a label and sends the shipment back to us. ID: 86201037 Spirit of Europe
Please, if possible, include a note within the shipment with your name and order number (so that we can trace you), the reason for the return (damaged goods, unsuitable gift ...) and the solution preferred (refund, exchange, gift certificate).
Alternatively, you can send us all the above information the email sales@spiritofprague.com
5. If the Buyer has chosen another method of delivery of the goods, which is not offered by the Seller, the Buyer pays all costs for the delivery of the goods in full.
6. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by post by their nature.
7. The buyer cannot withdraw from the contract for the delivery of goods in closed packaging that the buyer has removed from the packaging and cannot be returned for hygienic reasons. The goods must be returned in their original condition, in their original packaging, the packaging must not be damaged, the labels must still be attached to the goods, and the goods must not be used, worn, or damaged in any way.
8. The Buyer is responsible for any reduction in the value of the goods as a result of handling such goods other than that necessary to familiarize himself with the nature, properties, and functionality of the goods.
9. It is not possible to withdraw from the Contract without indicating the reason if the goods have already been partially consumed. If the returned goods are incomplete, damaged, or visibly worn, the Seller may seek compensation for damages.
LIABILITY FOR DEFECTS, WARRANTIES, APPLICATION OF DEFECTS (CLAIM)
1. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that when the Buyer has taken delivery of the goods,
i. owns the properties agreed between the parties and, in the absence of agreement, such properties as described by the Seller or the manufacturer or expected by the buyer concerning the nature of the goods and based on their advertising,
ii. is suitable for the purpose that the Seller declares for its use or for which an object of this type is normally used,
iii. corresponds in quality or design to the contracted sample or model, if the quality or model was determined based on the contracted sample or model,
iv. is in adequate quantity, size, or weight, e
v. complies with the requirements of the law.
2. If a defect occurs within six months of receipt, the item is deemed to be already defective at the time of receipt.
3. The time from exercising the right of liability for defects to the time when the buyer was obliged to take delivery of the goods after the end of the complaint procedure is not included in the warranty period. In the event of an exchange of goods, the warranty period resumes from the receipt of the new item. The same goes for the part in question if it is replaced. The warranty period cannot be confused with the life of the goods, i.e. the time for which, with proper use and care, the goods can last due to their properties, given their destination and the differences in the intensity of their use.
BUYER'S RIGHTS REGARDING DEFECTS
- The Buyer has the right to exercise the right from a defect that manifests itself in the goods within 24 months of their acceptance. This does not apply (a) in the case of goods sold at a lower price due to a defect for which a lower price has been agreed, (b) for the wear and tear of the item caused by its usual use, (c) in the case of the used goods to a defect corresponding to the degree of use or wear that the item had at the time of acceptance by the purchaser, or (d) if this results from the nature of the goods and the agreement of the parties.
- If the period of use of the article (duration) is indicated on the sold goods, on its packaging, in the instructions attached to the article, or in the advertisement, the guarantee applies for that period.
- The seller will confirm to the buyer in writing the extent and duration of his obligations in the event of defective performance. In the confirmation, he must also indicate his name, address, and identification data, as well as other information necessary to establish his identity. The Seller and, if necessary, the Seller will explain in the confirmation in an understandable way the content, scope, conditions, and duration of its liability as well as how the rights deriving from it can be exercised. In the confirmation, the Seller further states that the buyer's other rights relating to the purchase are not affected. If the nature of the goods does not prevent it, the confirmation referred to in this paragraph may be replaced by a proof of purchase of the goods containing the specified information.
- If the goods have a defect, the buyer can request:
I. delivery of new goods without defects, if this requirement is not unreasonable due to the nature of the defect (in particular, if the defect can be removed without undue delay unless otherwise agreed by the parties, or if it is a minor defect that does not prevent the use of the goods),
II. if the defect affects only a part of the goods, the buyer can only request the replacement of this part,
III. however, if by the nature of the defect in the goods, the procedure referred to in paragraphs (i) and (ii) is disproportionate (in particular, if the defect can be removed without undue delay, or within 30 days at the latest, unless otherwise agreed between the parties), the buyer has the right to have the defect removed free of charge,
IV. if the aforementioned procedure referred to in the preceding paragraphs is not possible, the buyer may withdraw from the Contract.
- In the event of a correctable defect, if the buyer cannot use the goods correctly due to the recurrence of the defect after repair or due to a greater number of defects, the buyer has the right to supply a new product or replace the defective part. In this case, the buyer has the right to withdraw from the contract.
- If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, replace a part or repair the item, he can also request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller is unable to deliver a new item without defects, replace a part, or repair the item, as well as if the seller does not resolve the situation in a reasonable time or if the remedy would cause significant difficulties for the Buyer.
- The buyer is not entitled to a defective performance if the buyer knew before taking delivery that the goods had a defect or if the buyer himself caused the defect.
- If the goods have a defect for which the Seller is responsible, and if the goods are sold at a lower price or used goods, the buyer is entitled to a reasonable discount instead of the right to exchange the item.
- Defect rights (claims) apply to the Seller from whom the goods were purchased.
- If the Buyer asserts a right for lack of performance (complaint), the Seller will confirm to him in writing when he has asserted the right and the execution of the repair and its duration.
- The Buyer is obliged to notify the Seller that the goods have defects - to complain about the goods, without undue delay after discovering the defects (The Seller is not responsible for the defect/increase in the extent of the defect if the Buyer continues to use the goods after discovering the defect - when the defect occurred). Upon reporting a defect - complaint for the goods, the Purchaser must inform the Seller of how the defect occurs and the request for how to resolve the complaint - exercising the right from the defect of the goods, with the arrest it being understood that it cannot modify the choice of right to be exercised unless otherwise agreed with the Seller.
- The Seller does not accept unsolicited shipments on delivery or at the Seller's expense.
- The Buyer is obliged to prove that he has purchased the goods from the Seller and to report the defect within the established period. Without proving these facts, the seller is not obliged to accept the complaint.
- To assess the defects and resolve them, the buyer is obliged to deliver the goods in such a way that the complaint can be assessed and resolved.
- The seller or an employee authorized by him will decide on the claim immediately after the correct submission of the goods for evaluation, in complex cases within three business days. This period does not include the time appropriate for the type of goods required for an expert to assess the defect. The complaint, including the removal of the defect, must be dealt with without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period.
- The supplier will inform the buyer of the complaint handling by e-mail or SMS if the buyer has provided his personal data.
- The seller will provide the buyer with information about when the right of liability for defects was invoked, what the content of the complaint is and how to handle the complaint requested by the buyer, as well as the execution of the repair and its duration, or the method of handling the complaint (including any written justification for rejecting the complaint) automatic written confirmation.
- If the goods were shipped via a transport service, they will automatically be sent to the buyer's address after processing, otherwise, they will be ready for collection at the complaint location.
- If the buyer does not collect the claimed goods within the specified period, the seller has the right to charge the buyer an inventory fee in the corresponding amount.
- In the event of a justified complaint, the buyer is entitled to reimbursement of the costs incurred for the application of the complaint (including the payment of the costs of transporting the goods to the complaint).
ADDITIONAL PROVISIONS
1. If the Seller provides the Buyer with other benefits associated with the purchase of the goods, such as exchanging the goods within longer periods, etc., such benefits and other associated obligations apply to the terms agreed upon at the time of the purchase of the goods. and the conditions specified by the Seller in the relevant materials.
2. For the exercise of the buyer's claims, the corresponding provisions of these POs and, where applicable, the normal commercial procedures applicable to the implementation of the buyer's rights will be used, taking into account the protection of the buyer as a consumer.
3. The out-of-court handling of consumer complaints is provided by the seller via the e-mail address sales@spiritofprague.com. Seller will send Buyer's complaint handling information to Buyer's email address.
PROTECTION OF PERSONAL DATA
1. The Seller will process the personal data communicated to him by the Buyers at the time of the purchase of the goods, and the Buyer consents to such processing of personal data and their further use by communicating them to the Seller. The Seller processes the data to carry out the purchase of the goods and the related rights and obligations, and at the same time to use them in the context of the offer of the Seller's goods.
2. The seller will process this data for the aforementioned purpose by the applicable legal regulations.
3. The seller may transfer personal data to servers located outside the Czech Republic or to branches or other trusted third-party companies in other countries that process personal information.
4. The Seller will use all reasonable means and appropriate measures to protect personal data and will request the same from all third parties who will process the personal data.
5. If the buyer has any questions, comments or concerns regarding the processing of personal data, he or she can contact the seller at any time.
6. The Buyer has the right to contact the Seller in particular in the following cases:
I. if you do not wish to be contacted in the future,
II. if you are interested in obtaining information on your personal data being processed,
III. if you wish to rectify, update, block, liquidate or delete your personal data,
IV. wants to report any misuse of their personal data.
7. The seller informs the buyer that the supervisory authority for the protection of personal data is the Office for the protection of personal data based in Plk. Sochora 27, Prague 7, 17000, www.uoou.cz.
8. The seller, as administrator, deals with everything by Law no. 101/2000 Coll ., On the protection of personal data, personal data registered in your name, to offer business or services and for the purposes deriving from the terms and conditions. The seller is authorized to process personal data through a designated manager), while the buyer acknowledges that the manager or persons so designated are no longer subject to further consent. The consent to processing personal data is granted indefinitely, until the revocation of this consent, or until the cessation of the activity. The consent can be revoked in writing at any time and the administrator will delete the data.
9. Further information on the protection of personal data is provided HERE. (Privacy Policy)
EXTERNAL DISPUTE RESOLUTION NOTICE
1. The seller always tries to adequately discuss and resolve any disputes that arise between the buyer and the seller to the satisfaction of both parties. Otherwise, the buyer has the right to an out-of-court settlement of the consumer dispute arising from the purchase contract for the sale of goods (hereinafter referred to as " consumer dispute ").
2. The Czech Trade Inspection - www.coi.cz ("ČOI") is responsible for the out-of-court settlement of consumer disputes arising from the sale of goods.
3. At the request of the buyer, an out-of-court settlement of a consumer dispute is initiated at the ČOI, which must contain:
I. identification data of the disputing parties (buyer and seller),
II. exposition of the relevant facts (what is controversial),
III. indication of what the proposer (consumer) is asking for (e.g. refund of the purchase price, exchange of goods, etc.),
IV. the date on which the plaintiff first exercised his right, which is the subject of the dispute, with the seller (e.g. first complaint),
V. a statement that the court has not decided on the matter, the arbitration award has not been issued and the parties have not agreed in the context of the out-of-court resolution of a consumer dispute, nor a court proceeding, arbitration, or out-of-court settlement of a consumer dispute initiated under this law,
VI. date and signature of the proposer (consumer).
4. The proposal must be accompanied by proof that the proposer has not resolved the dispute directly (for example correspondence with the Seller) and by other documents proving the alleged facts, if available. A power of attorney is attached to the proposal if the applicant is represented. The proposal can be submitted in particular in writing or orally in the protocol or electronically via the online form on the ČOI website, signed with a recognized electronic signature, or sent via the data box of the person submitting the proposal.
5. The complainant may submit a proposal to the ČOI or other authorized person no later than 1 year from the day on which he first exercised his right, which is the subject of the dispute, with the seller.
6. The out-of-court resolution of a consumer dispute must be completed within 90 days of its opening. In the event of particularly complex disputes, the term indicated may be extended up to a maximum of another 90 days.
7. The out-of-court settlement of a consumer dispute ends
I. agreeing to the disputing parties (voluntary),
II. the unilateral declaration by the purchaser of termination of participation in dispute resolution notified to ČOI or an authorized body,
III. death, declaration of death, declaration of a missing person, or disappearance of one of the parties to the dispute without a legal successor,
IV. due to the unnecessary expiry of the deadline for resolving the dispute,
V. rejecting the proposal (for its flaws).
8. The out-of-court resolution of consumer disputes is free. The costs associated with the out-of-court resolution of consumer disputes are borne by the parties themselves.
9. ČOI or an authorized body establishes rules for out-of-court settlement of consumer disputes, with which they regulate in more detail the procedure for out-of-court settlement of consumer disputes so that they comply with legal regulations.
10. If an out-of-court resolution of a consumer dispute fails, the buyer can go to court.
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2. Reason for use
We use these files and information solely to improve and develop the services we offer and provide here.
3. Personal data protection
The principle of cookies makes it possible to distinguish individual users and store specific data about them. Thanks to the cookie, the respective server knows which language setting you chose during your last visit or which login name to pre-fill in the form for you (it remembers this from the last visit). Cookies therefore facilitate personalization. You can disable the storage of cookies in your browser or delete them after the session, but you will lose the aforementioned benefits.
4. By accessing the Site, the Buyer agrees to the storage of cookies on his computer.
FINAL PROVISIONS
1. These T&Cs apply in the wording shown on the Seller's Site on the day of the Order Confirmation unless otherwise agreed in writing between the participants. If you submit your order after the day the T & Cs have been changed, the T & Cs already apply in its current wording.
2. The seller has the right to modify these T&C at its discretion, provided that the modification of T&C is always posted on the Site, or T&C in the current version will always be listed on the Site. The T&C valid in previous periods will also be listed on the Site.
These terms and conditions come into effect on September 14, 2022