1.1. These Business Terms and Conditions (“Terms and Conditions”) of the Maimana business operator, Tereza Inková, IČ 02940817, with its registered office at Terronská 579/21, 160 00 Praha 6, (hereinafter referred to as the “Seller”) govern the mutual rights and obligations of the contracting parties on the basis of a sales agreement (the “Sales Contract”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) via the Seller’s e-shop. The e-shop is operated by the Seller at www.maimana.cz through the web interface of the online shop (hereinafter referred to as the “web interface”).
1.2. The Terms and Conditions also govern the rights and obligations of the parties in using the Seller’s Website located at www.maimana.com hereinafter referred to as the “Website” and other related legal relationships.
1.3. Provisions derogating from the Terms and Conditions may be negotiated in the Sales Contract. Distinctive arrangements in the sales contract take precedence over the provisions of the Terms and Conditions.
1.4. Business Terms and Conditions are an integral part of the Sales Contract. The Sales Contract and the Business Terms and Conditions are prepared in the Czech language, or it is possible to make the sales contract in English. The company’s websites are Czech and English. In case of dispute, the contract and business conditions in the Czech language shall prevail.
1.5. The Seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. CLOSING OF THE SALES CONTRACT
2.1. The web interface includes a list of goods offered for sale by the Seller, including the prices of the individual goods. The prices of the goods are quoted including value added tax and all related fees, but excluding the price for the transport of goods. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the online shop. This provision does not limit the Seller’s ability to conclude a purchase contract for individually negotiated terms. All offers for the sale of goods placed in the web interface are non-binding and the Seller is not obliged to conclude a purchase contract for these goods.
2.2. The web interface also includes information on the ability to pay for the ordered goods and on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface is valid only in cases when the goods are delivered within the territory of the Czech Republic.
2.3. To order the goods, the Buyer completes the order form in the web interface of the store. In particular, the Order Form contains information on:
– the ordered goods (ordered goods “put” the Buyer into the electronic shopping cart of the web interface of the online shop),
– the method of payment of the purchase price of the goods, details of the required delivery method of the ordered goods,
– information on the costs of delivering the goods (further collectively only as an “order”).
2.4. Before sending the order to the Seller, the Buyer is allowed to check and modify the data entered by the buyer in the order, also in view of the buyer’s ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the Buyer to the Seller by clicking on the “PLACE ORDER” button. The data listed in the order are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the order to the buyer by e-mail to the buyer’s email address listed in the user interface or in the order (hereinafter referred to as the “buyer’s electronic address”).
2.5. The Seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, delivery date, purchase price, estimated shipping costs).
2.6. The contractual relationship between the Seller and the Buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the Buyer’s e-mail address.
2.7. The Buyer notes that the Seller is not obliged to conclude a sales contract, especially with persons who have previously substantially violated the Sales Contract (including Terms and Conditions).
2.8. The Buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the Buyer when using distance means of communication in connection with the conclusion of the Sales Contract (costs of internet connection, telephone call costs) pays the buyer himself.
3. PAYMENT CONDITIONS
The Seller accepts payment of the purchase price by bank transfer to our account (which will be communicated together with the confirmation of the order – the variable symbol will be sent to the buyer via e-mail).
4. TRANSFER OF GOODS
4.1. The Buyer has the option to take over the paid goods in two ways, namely by personal take-over at the seller’s premises, or by picking up on delivery via Zasilkovna.
4.2. If the buyer selects delivery of the goods via the Zásilkovna transport service when concluding the purchase contract, the goods will be sent to him by the seller within five (5) working days from the crediting of the payment to the seller’s account to the specified delivery address. If the buyer wishes to send the goods to a branch of Zásilkovna or in another way, he will state everything in the notes in the order.
4.3. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the rights of the buyer from liability for product defects and other rights of the buyer resulting from generally binding legal regulations.
4.4. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
4.5. The seller ensures the transport of goods through the Zásilkovna service in the territory of the Czech and Slovak Republics.
5. WITHDRAWAL FROM THE BUYER’S CONTRACT
5.1. The Buyer has, in accordance with the Provisions of Section 1829 (1) a) Act. No. 89/2012 Coll., the Civil Code, the right to withdraw from the Sales Contract within fourteen (14) days of receipt of the goods. Withdrawal from the Sales Contract must be delivered to the Seller within 14 days of receipt of the goods, to the Seller’s e-mail address firstname.lastname@example.org. In this case, the buyer notifies the seller that he is withdrawing from the sales contract with the order number, name and date of purchase.
5.2. In the case of withdrawal under Article 5.1 of the business terms, the Sales Contract is abolished from the outset. The goods must be returned to the seller within fourteen (14) days of the dispatch of the withdrawal to the Seller. Goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging.
5.3. Upon withdrawal from the Sales Contract, the Buyer shall send the goods to the Seller to the registered office address: Terronská 579/21, 160 00 Praha 6. The Buyer shall, in his own interest, send the goods back to the Seller as an insured item, as the seller is not liable for any loss or damage to the shipment during transportation.
5.4. Within fourteen (14) days of returning the goods to buyer in accordance with clause 5.2 of the Business Terms and Conditions, the Seller is entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.
5.5. In the event of withdrawal under Article 5.1 of the Business Terms and Conditions, the Seller shall return the purchase price to the Buyer upon examination of the returned goods, not later than five (5) days from the end of the period for reviewing the goods under Article 5.4 of the Business Terms and Conditions.
5.6. Buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the Seller is entitled to the buyer’s claim for damages to the buyer. The right to compensation for the damage incurred is the seller’s right to unilaterally charge the buyer with the purchase price for the return of the purchase price.
5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the consumer withdraws from the purchase contract, the gift agreement is lost and the Buyer is obliged to return the goods together with the provided gift.
5.8. The buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods manufactured according to the buyer’s requirements or adapted to his personal needs.
6. LIABILITY FOR WARRANTY, WARRANTY
6.1. Rights and Obligations of the Parties Concerning Seller’s Liability, including Guarantee Liability Section 2099 et seq. disciple. No. 89/2012 Coll., the Civil Code.
6.2. The warranty for manufacturing defects is 24 months. Our goods have the character of the original and are made by hand, in the homes of the weavers, not in the factory. Therefore, even dimensions are sometimes deviating from the standard (all of which are in the product description). We do not have the guarantee for ourselves, only an expert word of an expert. The warranty period begins with the buyer by taking over the goods. The warranty does not apply to damage resulting from maltreatment leading to irreversible damage to the goods or due to improper use, see the instructions of use (which will be attached to the goods).
6.3. The Seller is liable to the Buyer for the fact that the item sold is in conformity with the sales contract, in particular that it is defective. Goods of the second quality are explicitly indicated in the description of the goods on the web and in the sales contract. Conformity to a Sales Contract means that the item being sold has the quality and utility properties required by the contract, the seller, the manufacturer or his agent described or the expected advertising, or the quality and utility of the kind of thing that is customary to comply with the requirements of the law, is in the appropriate quantity, degree or weight and corresponds to the purpose which the seller states for the use of the item or for which the thing is usually used.
6.4. In the case that the Buyer is not in compliance with the Sales Contract (“contradiction with the sales contract”), the Buyer has the right to bring the item free of charge and without undue delay to the condition corresponding to the sales contract either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may require a reasonable discount on the price of the item or withdraw from the contract. This is not the case if the Buyer knew, prior to taking over the item, the breach of the purchase contract or caused the contradiction with the Sales Contract.
6.5. In the event of misuse, deviations of the maintenance procedure from the description in the instructions of use (incorrectly selected washing procedure, cleaning, etc.), the Seller is not liable for any defects or changes in the product status and cannot claim the defects.
6.6. In the case of a claim, the Buyer contacts the Seller by e-mail or by telephone. Defective goods will subsequently send (commercial package) to the registered office: Terronská 579/21, 160 00 Praha 6. The receipt and a description of the defect on claimed goods will be part of the complaint. The moment when the claim is made is the moment when the Seller received the goods claimed from the Buyer. In the case of a legitimate claim, the Seller undertakes to settle the claim within thirty (30) business days of delivery.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The Buyer notes that the photos placed on the seller’s web interface are consistent with the actual state of the goods, as it is always a photograph of the original goods (if not stated differently on the website).
7.3. The Seller will provide the Buyer with the information about the name and code of the goods, dimensions, material specifications, dyes, warranties, and instructions for use. Buyer is required to comply with the instruction for use, any claims for appearance and material quality change due to non-compliance with these instructions will be disregarded.
7.4. The Buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by copyright. Buyer undertakes not to engage in any activity that may allow him / her or third parties to tamper with or improperly use the software or other components that constitute the web interface of the store.
7.5. Buyers are not authorized to use mechanisms, software, or other practices that may negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store may only be used to the extent that it is not at the expense of the rights of the other customers of the seller and is in accordance with its intended purpose.
7.6. The Buyer acknowledges that Seller is not responsible for any errors resulting from third-party attacks on a website or the use of a website contrary to their designation.
8. PROTECTION OF PERSONAL DATA
8.1. Protection of the Buyer’s personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
8.2. The Buyer agrees to process and register his personal data in the Seller’s database necessary for successful performance of the sales agreement for the purpose of maintaining the user account and for the purpose of sending information and commercial communications to the purchaser, until such time as he or she expresses his or her opposition to such processing.
8.3. The Buyer confirms that the personal data provided are accurate and that he/she has been advised that this is a voluntary provision of personal data. Furthermore, the Buyer acknowledges that he/she is obliged to state his/her personal data (when registering, when ordering from the web interface of the store) and to be obliged to inform the Seller of any change in his or her personal data without undue delay.
8.4. Personal data will be processed by the seller indefinitely. The Buyer has the right to access his or her personal data. Personal data can be removed from the database on the basis of a Buyer’s written request or modified in the database on the Buyer’s proposal.
8.5. By processing the Buyer’s personal data, the Seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the Seller without the Buyer’s prior consent.
8.6. The Buyer agrees to send information related to the Seller’s goods, services, or activities to the Buyer’s electronic address and agrees to send the sales announcements to the Buyer’s electronic address.
9.1. Unless otherwise agreed, any correspondence relating to the Sales Contract shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). It is delivered to the Buyer´s email address listed in his user account.
9.2. Message received:
- in the case of delivery by e-mail, when it is received at the incoming mail server; the integrity of messages sent by e-mail can be secured by a certificate,
- in the case of delivery in person or through a postal service operator by taking over the consignment by the addressee,
- in the case of delivery in person or through the postal service operator, also by refusing to accept the consignment, if the addressee (or the person authorized to take over the consignment) refuses to take delivery of the consignment,
- in the case of delivery through the postal service provider, the deadline of ten (10) working days from the deposit of the consignment and the giving of the invitation to the addressee to take over the consignment deposited, if the postal item is deposited with the postal operator, even if the addressee did not know.
10. FINAL PROVISIONS
10.1. If the relationship relating to the use of the website or the legal relationship established by the sales agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.
10.2. The Seller is authorized to sell the goods on the basis of a trade license and the activity of the Seller is not subject to any other authorization. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office.
10.3. If any provision of the Terms and Conditions is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
10.4. The Sales Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.5. Contact details of the Seller:
- address for correspondence, return of goods, complaints: MAIMANA, Tereza Inková, IČ 02940817, with its registered office at Terronská 579/21, 160 00 Prague 6
- telephone +420 776 202 777
- opening hours: Monday – Friday (by prior telephone agreement)
- e-mail address: email@example.com
- account number: 2900793180/2010
- registered in the „Živnostenský rejstřík“ of the Czech Republic from 25.04.2014
- competent authority according to §71 paragraph 2 of the Trade Licensing Act („živnostenský zákon“): Prague 6 City District Office