I. Introductory provisions
Online store operator www.Nature-In-Drop.com:
Sídliště Plešivec, 363,
38101 Český Krumlov,
(further referred to as e-shop)
All contractual relations are concluded in accordance with the law of the Czech Republic. Legal relations that are not explicitly regulated by these terms and conditions are governed by Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “ObčZ”).
If the Buyer is a consumer (other than an entrepreneur who makes an order or concludes a contract with the Seller within the scope of its business activities), the rights and obligations of the Seller and the Buyer are also governed by the provisions of § 2158 et seq. ObčZ ("Special Provisions on the Sale of Goods in Commerce") and in the case of consumer Buyers also by Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter referred to as "Zos").
II. Definitions of concepts
Consumer contract - a purchase contract, a work contract, a service contract, or other contracts according to the ObčZ, if the contracting parties are on one side a consumer (other person than an entrepreneur who makes an order or concludes a contract with the Seller within his business or in the independent exercise of his profession) and on the other hand the supplier, resp. Seller.
Seller - operator of an online store - a person who acts in the conclusion and performance of the contract within its business or other entrepreneurial activity. He is the entrepreneur who directly or through other entrepreneurs supplies the Buyer with products or provides services.
Buyer - consumer - a person who does not act within the scope of his business activities when concluding and fulfilling the contract. It is a natural or legal person who purchases products or uses services for a purpose other than doing business with those products or services.
A Buyer who is not a consumer - an entrepreneur who buys products or uses services in the course of his business or in the independent exercise of his profession.
III. Processing of personal data and their use
Access to the e-shop may be conditioned by the provision of certain personal data of the Buyer. In such a case, the Seller will handle this data in accordance with valid legal regulations, in particular in accordance with Act No. 101/2000 Coll., On the protection of personal data, as amended. Personal data will be fully secured against misuse. The data will be stored and will not be shared with third party applications. The Seller may use the provided personal data beyond the processing necessary for the conclusion and performance of the contract only under the conditions specified below. The Buyer acknowledges that the e-mail address provided by him in connection with the purchase of a product or service, may be used to send a commercial message by the e-shop pursuant to Act No. 480/2004 Coll., as amended, with an offer of a similar product or service. In case that the addressee does not wish to further receive these commercial messages, he may express his disagreement with the sending of commercial messages by an e-mail containing disagreement with the sending of commercial messages to the e-mail address of the e-shop.
IV. Acceptance and execution of the order, purchase contract
The premise for a valid electronic order is the completion of all required data and requisites specified in the order form. Before the Buyer definitively confirms the order, he will have the possibility to check the entire order and the filled data. If the Buyer agrees with the form of the order, the order will be sent for processing with the clicking the button confirming the order. This submission is binding. The purchase contract arises by sending the order to the Buyer after choosing the methods of transport and payment and acceptance of the order by the e-shop, the e-shop is not responsible for any errors in data transmission. The e-shop will immediately confirm the conclusion of the contract with an informative e-mail to the Buyer.
The Seller reserves the right not to accept the Buyer's order in case of an obvious error regarding the price, description or image of the product in the product catalog listed on the Seller's e-shop at any stage of order processing. The Buyer will be informed by telephone or e-mail about the non-acceptance of the order due to an obvious error.
The Seller reserves the right to cancel the order or part thereof in the following cases:
- the goods are no longer produced or supplied or the price of the delivered goods has changed significantly.
In case that this situation occurs, the Seller will immediately contact the Buyer to agree on further action.
If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account, the purchase contract will not be concluded.
The Seller reserves the right to refuse to process an order for goods that he does not offer in the e-shop, as well as an order for goods that the manufacturer or supplier cannot deliver (no longer produced, other colors cannot be delivered, etc.).
If the Buyer has chosen "payment in advance" when ordering, payment will be expected within 7 calendar days. If the Seller does not receive the payment by this time, the Seller reserves the right to cancel the order, unless otherwise agreed with the Buyer.
The contract is concluded in the Czech language. If a translation of the text of the contract is created for the needs of the Buyer, it applies that in case of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language applies.
The prices listed on the e-shop are final, including VAT. Shipping costs, the amount of which may vary according to the specific order (depending on the method of transport chosen), are then added in the order form. The final price calculated after filling in the order form already includes shipping. The price stated for the goods at the time of ordering the goods by the Buyer applies as the price when concluding the contract between the Seller and the Buyer. This price will be stated in the order and in the e-mail confirming receipt of the order of goods.
VI. Delivery of goods
The Buyer / consumer is obliged to properly take over the goods from the carrier, check the integrity of the packaging, the number of packages and in case of any defects immediately notify the carrier itself. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, it is recommended that the Buyer in his own interest does not accept the shipment! By accepting, the Buyer confirms that the shipment met all the conditions and requirements above and that subsequent complaints about the violation of the package of the shipment will not be taken into account.
VII. Return of goods - withdrawal from the contract within 14 days
1. The Buyer, who concluded a distance purchase contract and purchased the goods in the e-shop, has the right to return the goods within 14 (fourteen) days of delivery without giving a reason (in accordance with the new Civil Code § 1829 (1)).
2. If the Buyer withdraws from the contract, he shall send or hand over to the Seller without undue delay, no later than 14 (fourteen) days from the withdrawal from the purchase contract, the goods received from him.
3. Section of § 1832 (4) of the Civil Code states that “if the consumer (Buyer) withdraws from the purchase contract, the Seller is not obliged to return to the consumer (Buyer) the received payments before the consumer (Buyer) returns the goods or proves that goods were sent to the Seller.
4. Goods must be returned in their original condition, intact, unused, unworn, unlaundered, including original tags, labels and sales documents.
5. After returning the goods to the Seller, the Buyer will be returned the payments to the bank account number specified by him. The maximum return period is 14 days, but the Seller will try to send the payments as soon as possible.
6. In the event that the Buyer returns the goods without the original packaging and tags within 14 days, the purchase price for the goods will not be refunded in full. In this case, the Seller will reduce the purchase price by wear and tear. Goods used, damaged or laundered by the Buyer cannot be returned by the Buyer within the 14-day period.
7. The cost of delivery of goods back to the Seller is paid in full by the Buyer. The goods can be returned in person by prior agreement.
8. If the Buyer withdraws from the contract with the Seller, the Seller shall return without undue delay, no later than 14 days from the date on which the Seller received the withdrawal information, all payments received from the Buyer, including the cost of delivery of goods to the Buyer (except additional costs incurred as a result of your chosen method of delivery, which is different from the cheapest standard delivery method offered by the Seller).
For the purposes of exercising the right to withdraw from the contract, you must inform the Seller of your decision to withdraw from this contract by sending a notice of withdrawal within the above 14 days to the Seller, in the form of an unambiguous statement (e.g. letter sent by post or e-mail).
We will send you a confirmation of receipt of this notice of withdrawal from the contract.
VIII. Defective performance rights - Complaints
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Act No. 89/2012 Coll., The Civil Code).
The Buyer is entitled to exercise the right to a defect that occurs in consumer goods within 24 months of receipt of the item by the Buyer. The warranty period thus contractually provided begins to run from the date of receipt of the goods by the Buyer.
If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.
1. The Seller is responsible for defects arising after receipt of the goods during the 24-month warranty period or during the shelf life stated in the advertisement, on the packaging of the goods or in the attached instructions.
2. The Buyer is obliged to file a complaint with the Seller without undue delay from the discovery of the defect. The damaged item cannot be used. If the Buyer does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint.
3. The Buyer may claim from the Seller, no later than two years (unless stated otherwise for the goods) from the receipt of the goods, at his request, the right to free removal of the defect or a reasonable discount on the price; if this is not disproportionate to the nature of the defect (especially if the defect cannot be remedied without undue delay), the requirement to deliver a new item without defects or a new part without defects may be applied if the defect concerns only this part.
4. If repair or exchange of goods is not possible, upon withdrawal from the contract, the Buyer may demand a refund of the purchase price in full. He may also request a reasonable discount from the purchase price.
5. The Seller is not obliged to satisfy the consumer's claim if he proves that the Buyer knew about the defect of the goods before taking it over or that he caused it himself.
6. For items sold at a lower price, the Seller is not liable for the defect for which the lower price was agreed.
7. In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
8. If a remediable defect has occurred repeatedly after repair (third claim for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects at the same time), the Buyer may claim a discount on the purchase price, exchange or withdrawal from the contract.
9. Upon receipt of the goods, the Buyer is obliged to check the goods and immediately resolve any defects caused by transport with the carrier (write a complaint report). The Seller is not liable for damages caused by the carrier.
10. We handle complaints without undue delay, but no later than within the statutory period of 30 days.
The customer acknowledges that due to the large number of different types of monitors with different color settings, the color of the goods offered in the e-shop as displayed in the photos may differ a little from the colors of the goods in reality.