Last updated 31.08.2022.

TERMS AND CONDITIONS

of Natálie Kubíčková
IN: 14273161

for the sale of goods through stwobi.art

 

1. INTRODUCTORY PROVISIONS

  1. The present commercial terms and conditions (hereinafter referred to as the “Commercial Terms”) of Natálie Kubíčková, IN: 14273161, registered in the Czech Trade Register (hereinafter the “Seller”) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Czech Civil Code as amended (hereinafter the “Civil Code”) mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and the Buyer through the Seller’s e-shop. The e-shop is operated by the Seller through a website on stwobi.art (hereinafter the “Website“).
  2. The provisions of the Commercial Terms form an integral part of the Purchase Contract. The Purchase Contract and the Commercial Terms are in English
  3. The wording of the Commercial Terms may be changed or amended by the Seller. The aforementioned does not affect the rights and obligations established during the effective term of the previous version of the Commercial Terms.
  4. These Commercial Terms are elaborated in accordance with the provisions of Section 1751 (1) of the Civil Code.

 

2. ENTERING INTO A PURCHASE CONTRACT

  1. The Seller is entitled to adjust or change the prices of the goods or other items of costs associated with the delivery of goods, at any time, but this does not apply to the goods that have already been ordered by the Buyer. This provision does not limit the Seller’s possibility to enter into a Purchase Contract under the individually agreed conditions.
  2. To order goods, the Buyer shall complete the order form on the Website. The order form especially contains information about:
    a) the goods ordered,
    b) the price of the goods, the place of delivery of goods and the invoicing address of the Buyer (must be within one country), the payment method of the purchase, and
    c)  information about the costs relating to delivery of the goods
    (hereinafter jointly referred to as the “Order”).
  3. Before sending the Order to the Seller, the Buyer is allowed to check and amend the data included in the Order by the Buyer to find and correct mistakes made when entering the data in the Order. The Buyer shall send the Order to the Seller by clicking on the “place order” button. The Seller considers the data provided by the Buyer as correct. Immediately after receiving the Order, the Seller shall confirm this fact by email to the Buyer’s email address specified in the Order (hereinafter the “Buyer’s Electronic Address”).
  4. The Seller shall always be entitled to ask the Buyer, depending on the character of the Order (quantity of goods, amount of the purchase price, anticipated costs of the transportation), to re-confirm the Order.
  5. The contractual relationship between the Seller and the Buyer is established by delivery of the Order confirmation, which is sent by the Seller to the Buyer by email to the Buyer’s Electronic Address.
  6. By placing and by accepting the Order, the Buyer confirms that the Buyer has read these Commercial Terms and that the Buyer unconditionally agrees with them. These Commercial Terms are freely accessible on the Website.
  7. At the moment of concluding the Purchase Contract between the Buyer and the Seller, the parties are bound by such contract, and mutual rights and obligations arising from the Purchase Contract are established.
  8. The Seller is entitled to set out the maximum possible quantity of any goods offered by the Seller, which can be ordered by the Buyer and delivered by the Seller, with this limit to be binding on the Buyer, and the Buyer is not entitled to exceed or circumvent the limit in any way.
  9. The Buyer agrees with using remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer during the use of remote communication means in connection with entering into the Purchase Contract (costs of internet connection, costs of phone calls) shall be paid by the Buyer alone, and such costs shall not differ from the basic rate.

 

3. PRICE OF THE GOODS AND PAYMENT

  1. Along with the price of the goods, the Buyer is also obliged to pay the Seller the costs associated with the delivery of packaging and delivery of goods.
  2. The Seller is entitled to require payment of the entire purchase price before dispatching the goods to the Buyer.
  3. Any discounts on the purchase price provided by the Seller to the Buyer cannot be mutually combined.

 

4. WITHDRAWAL FROM THE CONTRACT

  1. Withdrawal from the Contract is differently regulated for the Buyer and for the Seller.
  2. The Seller reserves the right to withdraw from the Purchase Contract in the following cases:
    a) If the order has been created and/or confirmed by an obvious system failure of the computer network, a software error or a failure of the human factor.
    b) If the order was placed to be delivered to an apparently doubtful or non-existent delivery address.
    c) If the order was placed for an obviously speculative purpose, and the Buyer’s will to take delivery of the goods is not serious, and such opinion is substantiated by repeated previous withdrawals by the Buyer from the contract without giving a relevant reason.
    d) If the Order was placed by a Buyer who has already breached its obligations towards the Seller in the past.
    e) If the ordered goods have already been sold out and cannot be replaced by goods of equivalent quality and price.
    f) If the goods are first to be delivered by a third party to the Seller, and such third party is unable to deliver the respective goods to the Seller.
    g) If the goods are no longer manufactured or delivered, the price of the goods supplied by the Seller’s supplier has significantly changed, the goods are unavailable for a long time or an incorrect purchase price was quoted in the e-shop by mistake or due to an administrative error.
  3. In the case that any of the aforementioned facts listed under points a) to g) occurs, the Seller shall immediately contact the Buyer to agree upon further steps in the matter. In the event that the Buyer has already paid the purchase price, the purchase price shall be returned to the Buyer.
  4. The Buyer is entitled to withdraw from the concluded Purchase Contract sending the notice of withdrawal from the Purchase Contract to the Seller’s electronic mail address natalie@stwoberri.art, without giving any reason and without any sanction in accordance with the provisions of Section 1829 (1) of the Civil Code, with the exception of cases specified in the provisions of Section 1837 of the Civil Code. The Buyer notes that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Contract for delivery of the goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, and from the Purchase Contract for delivery of the goods that have been irreversibly combined with other goods after the delivery. Purchase Contract for digital items cannot be withdrawn. Withdrawal from the Contract must be made within 14 days from the date following the day the goods were taken over by the Buyer or by a third party designated by the Buyer.
  5. If the Buyer withdraws from the Contract, the Buyer shall send to the Seller without undue delay, no later than 14 days from the withdrawal from the Contract, the goods received from the Seller, to the Seller’s registered office address, preferably in the original packaging, including packaging of the goods. The costs associated with the return of goods in the case of withdrawal from the Contract shall be borne by the Buyer.
  6. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received money before the goods are delivered to the Seller’s registered office.
  7. Withdrawal from the Purchase Contract cancels the Purchase Contract from the beginning. If the Buyer withdraws from the Contract, the Seller shall return to the Buyer without undue delay, no later than 14 days after withdrawal from the Contract, the monetary funds, including costs associated with the delivery of goods received from the Buyer under the Contract. The Seller is entitled to unilaterally set off the claim for compensation of damage caused to the goods against the Buyer’s claim to be refunded the purchase price.

 

5. TRANSPORT AND DELIVERY OF GOODS

  1. Goods dispatched by the Seller for delivery usually within 10 business days from the date of crediting the purchase price to the Seller’s account. In justified cases, the Seller reserves the right to extend this period to 20 business days for technical or operational reasons, of which the Seller undertakes to notify the Buyer.
  2. According to the Purchase Contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, and the Buyer is obliged to take over the goods upon delivery.
  3. In the case of division of the ordered goods into several shipments for reasons on the part of the Seller, especially due to lack of goods in stock, the costs of transporting the goods to the Buyer is paid by the Buyer only once, and the other transport costs are borne by the Seller.
  4. After taking over the goods from the carrier the Buyer is obliged to check whether the goods packaging is intact, and if the Buyer finds any defects, it shall report them to the carrier and the Seller without delay. If the Buyer finds damaged packaging proving that someone unauthorised accessed the consignment, the Buyer shall not be obliged to take over the consignment from the carrier. The aforementioned does not affect the Buyer’s rights related to liability for defects of the goods and other Buyer’s rights arising from the generally binding legal regulations.
  5. In the case that the Buyer does not take over the goods contrary to the placed Order, or does not take over the goods even in the grace period provided in the Seller’s or, where appropriate, the carrier’s request, the Purchase Contract relating to the goods expires in vain upon expiration of such period, at the moment of returning the goods to the Seller. In the case that the Purchase Contract pursuant to this article expires for any reason, and the Seller has incurred any costs relating to the Purchase Contract, especially, but not limited to, in relation to the need of production of the goods, transport, packaging, ordering the goods, etc., the Buyer is obliged to fully reimburse such costs to the Seller, including payment of an administrative fee relating to the Order processing and termination of the Contract in the amount of 10 EUR, and storage costs for storing the goods in the Seller’s premises in the amount of 0,5 EUR for each started day after the 14th day of storage, whereby the Seller is entitled to unilaterally set off such claims against the Buyer’s right to a refund of the purchase price.
  6. The risk of damage to the goods shall pass to the Buyer upon takeover of the goods from the carrier.

 

6. RIGHTS FROM DEFECTIVE PERFORMANCE

  1. The rights and obligations of the parties regarding the rights arising from defective performance are governed by the applicable generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and in the case of concluding a contract between the Seller and the Buyer, also Act No. 634/1992 Coll., on Consumer Protection, as amended).
  2. The Seller is liable to the Buyer that upon takeover, the goods are delivered free of any defects. If the Buyer upon receipt of the goods from the carrier finds any damage to the delivered goods, any difference between order and actually delivered goods (especially in quality, measure, quantity or if the goods do not correspond to the quality or design of the pattern (a pattern means a combination of a photograph with a description of parameters, especially colours), shall notify the Seller without undue delay after receipt of the goods in a verifiable manner of the need to eliminate such defects within 6 months from the date of receiving the goods. In the case that the goods are not in accordance with the Purchase Contract upon receipt by the Buyer, the Buyer has the right to request the Seller to restore the condition of the goods to comply with the Purchase Contract, free of charge and without undue delay by exchanging or repairing goods; if such a procedure is not possible, the Buyer may request a reasonable discount on the price of the goods or may withdraw from the Contract.
  3. The Buyer is obliged to inspect the goods as soon as possible after the risk of damage to the goods has passed. If the Buyer does not check the goods or does not have them checked at the time the risk of damage to the goods passes, the Buyer may only claim the rights from defects discoverable during such check if the Buyer proves that the goods had the defects already at the time the risk of damage was passing.
  4. The Seller shall be liable for any defect the goods show at the time the risk of damage to the goods passes to the Buyer, even if such defect becomes apparent after that. The Seller is also liable for any defect that arises after the passage of the risk of damage to the item, if the defect is caused by a breach of the Seller’s obligations.
  5. If the Buyer identifies any damage to the goods or any difference between ordered and the actually delivered goods (especially in quantity, quality and design), the Buyer is obliged to notify the Seller thereof without undue delay.
  6. The Seller provides a warranty for the quality of the goods. The Seller undertakes that the goods will be fit for use for the usual purpose, or that the goods will retain their usual properties for the period of 24 months.

 

7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. In relation to the Buyer, the Seller is not bound by any Codes of Conduct as defined by Section 1826 (1) (e) of the Civil Code.
  2. The settlement of the Buyer’s complaints will be ensured by the Seller via the electronic address natalie@stwobi.art. The Seller shall send the information about settlement of the Buyer’s complaint to the Buyer’s electronic address.
  3. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz/, is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on on-line dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer on-line dispute resolution).
  4. The Seller is authorised to sell the goods on the basis of a trade licence. A trade inspection is carried out by the competent Trade Licensing Authority within its jurisdiction. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
  5. The Buyer hereby assumes the risk of change in circumstances within the meaning of Section 1765 (2) of the Czech Civil Code.

 

8. SENDING COMMERCIAL MESSAGES AND SAVING COOKIES

  1. The Buyer agrees, within the meaning of Section 7 (2) of Act No. 480/2004 Coll, on Certain Information Society Services and on amendments to some acts (Certain Information Society Services Act), as amended, to receiving the Seller’s commercial messages to the Buyer’s electronic address or phone number. The Seller performs the Seller’s information obligation towards the Buyer within the meaning of Article 13 of GDPR in relation to the processing of the Buyer’s personal data for the purpose of sending commercial messages through a separate document.
  2. The Seller is entitled, within the meaning of Section 7 (2) of Act No. 480/2004 Coll, on Certain Information Society Services and on amendments to some acts (Certain Information Society Services Act), as amended, to use the Buyer electronic contact, (e-mail or telephone number of the Buyer), in order to send commercial messages. The Seller is also entitled to send a commercial message on the basis of the consent granted in the sense of Section 7 (2) of the Electronic Services Act. The Buyer may express disagreement with the sending of the commercial messages in accordance with Section 7 (3) of the Certain Information Society Services Act.
  3. The Buyer agrees to saving the so-called cookies in its computer. If it is possible to shop on the Website and to perform the Seller’s obligations arising out of the Purchase Contract without saving the so-called cookies in the Buyer’s computer, the Buyer can cancel its consent as per the previous sentence at any time.
  4. The Seller is entitled to process and store cookies in the Buyer’s device, which are necessary to ensure functional operation (functional cookies). The Buyer is also entitled to set up consent on the processing of cookies on his computer, which are used for statistical purposes, marketing and transfer to third parties (so-called statistical, marketing cookies, third party cookies).

 

9. FINAL PROVISIONS

  1. All provisions and legal relationships resulting from the Purchase Contract concluded between the Seller and the Buyer are governed by the laws of the Czech Republic, in particular by the provisions of the Civil Code, as amended. In the case of a dispute, the Seller and the Buyer undertake to do their utmost to resolve the dispute amicably. The Seller undertakes to primarily strive for out-of-court settlement of disputes with the Buyer.
  2. The Seller and the Buyer have agreed that disputes arising on the basis of or in connection with the concluded Purchase Contract, shall be decided by the general courts.
  3. If the relationship established by a Purchase Contract contains an international (foreign) element, the parties agree that such relationship shall be governed by the Czech law.
  4. If any provision of the Commercial Terms is or becomes invalid or ineffective, it shall be replaced with a provision whose meaning will be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice of the validity of the other provisions.
  5. The Purchase Contract, including the Commercial Terms, shall be archived by the Seller for 10 years and is not accessible.
  6. The Seller and the Buyer shall not be liable for breach of their obligations resulting from the Purchase Contract if they are prevented from performing them by a force majeure event. The Seller and the Buyer shall exert every effort to minimise any damage caused by force majeure event. Force majeure means any unforeseeable exceptional situation or event beyond the control of the Seller or the Buyer preventing them from performing any of their obligations arising from the Purchase Contract, not caused by error or negligence on their side, and it is proven that it cannot be overcome even when all due diligence is performed. For the purposes of these Commercial Terms and the complaint procedure, unforeseeable exceptional situations or events include fires, wars, civil unrest, strikes, accidents, floods, inundations and other natural disasters (e.g. storms, earthquakes, etc.) and measures of state authorities (generally binding legal regulations) and other similar situations or events, which affect the ability of the Seller or the Buyer to perform their obligations beyond the control and influence of the Seller or the Buyer, or which prevent performing under the Purchase Contract for other objective reasons.
  7. In the case of delivery of documents between the Seller and the Buyer, the registered office of the Seller and the address of the Buyer specified in the Order are considered as the delivery address.
  8. Seller’s contact data: electronic mail address is natalie@stwobi.art.