These General Terms and Conditions (hereinafter referred to as the „Terms and Conditions“) apply to contracts entered into through the NORVELY Online Store located on the web interface www.norvely.com (hereinafter referred to as the „Business Web Interface“) between the entrepreneur
Matěj Bystroň, headquartered Sloupno 28, 583 01, Czech Republic
Identification number: 76259773,
VAT no.: CZ8501213270
registered in the Trade Register kept by the Municipal Authority of Chotebor, file mark MCHObŽU/671/2016/Kr/3
Address: Matěj Bystroň, Sloupno 28, 583 01, Czech Republic
Phone number: (+420) 792 35 33 10
Contact e-mail: firstname.lastname@example.org
(hereinafter referred to as the „Seller“) shall govern, in accordance with the provisions of Paragraph 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the „Civil Code“) the mutual rights and obligations of the parties or on the basis of a Purchase Contract (the „Purchase Agreement“) concluded between the Seller and another individual (the „Buyer“) via the Seller's Internet Store.
1.1. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who is ordering goods for their business or in their independent pursuit of their profession.
1.2. 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.
1.3. Business terms and conditions are an integral part of the sales contract. The Czech language is the main language of the Purchase Agreement and the Business Terms and Conditions. The purchase contract can be concluded in the Czech language and translated into English.
1.4. The seller may change or add the business terms. In this case the rights and obligations arising during the period of validity of the previous version of the terms and conditions are not affected.
2.1. Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter referred to as „user account“). In the event that the web interface allows, the buyer may also order goods without registration directly from the web interface business.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account, the buyer is in obligation to update. The data referred to by the seller in the user account and ordering goods by the buyer are deemed to be correct.
2.3. Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
2.4. Buyer shall not allow the use of his user account to third parties.
2.5. Seller may cancel the user account, especially when the buyer doesn’t use his user account for more than 1 calendar year , or if the buyer breaches of its obligations under the purchase contract (including terms and conditions).
2.6. Buyer acknowledges that the user account might not be accessible at all times, especially with regard to the necessary maintenance of hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.
3.1. All presentations of goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Paragraph 1732 (2) of the Civil Code does not apply.
3.2. The store's web interface contains information about the merchandise, including the prices of individual goods. Product prices are final and are listed including all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This fact does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3.3. The store's web interface also includes information 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 of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
3.4.1. ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
3.4.3. information on the costs associated with the delivery of goods (collectively referred to as „the order“).
3.5. Before sending the order to the seller, the buyer is allowed to check and modify data in the order, even with regard to the possibility of the buyer detecting and correcting errors during data entry in order. The order will be sent by the buyer to the seller by clicking on the form of payment in case of prepayment or the "CONFIRM ORDER" button in the case of cash on delivery. The information specified in the order by the seller is deemed to be correct. Seller immediately upon receipt of an order the buyer confirms receipt by e-mail, at the e-mail address listed in the buyer's user interface or in the order (hereinafter referred to as „e-mail address of the buyer“).
3.6. Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.7. The contractual relationship between seller and buyer arises delivery order acceptance (acceptance) which is sent to the buyer by e-mail, at the e-mail address of the buyer.
3.8. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer using a means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) borne by the Buyer, and these costs do not differ from the standard rate.
4.1. The price of goods and any costs associated with the delivery of goods according to the contract the buyer may pay the seller the following ways:
- cash on delivery at the place designated by the purchaser in the order;
- cashless before delivery of the goods by transferring to the Seller's bank account placed on the web interface (the „Seller Account“) (the instructions will be communicated to you in the order confirmation).
Any other forms of payment are listed on the web interface.
4.2. Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.
4.3. The seller may require from the buyer a deposit or other similar payment, especially for orders with a total price over CZK 5,000. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment of the purchase price is payable by 5 days from the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to replace the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the account of the seller.
4.6. The seller is entitled, in particular in the event that the Buyer does not for additional confirmation (Art. 3.6), require payment of the full purchase price before sending the goods to the buyer. Paragraph 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts the price of goods provided by the seller to the buyer can be combined.
4.8. If it is customary in the trade, or if it is so stipulated by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer tax document – invoice. Seller is a payer of value added tax. Tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's e-mail address.
5.1. The Buyer notes that, under Paragraph 1837 of the Czech Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish or for him, from the purchase contract for the supply of goods in sealed packaging, and for hygienic reasons it can not be returned.
5.2. If the case is not referred to in Article 5.1 of the Terms and Conditions or in another case when the purchase contract can not be withdrawn, the Buyer shall withdraw the right to withdraw from the Purchase Contract in accordance with Paragraph 1829 (1) of the Czech Civil Code, up to 30 days after the receipt of the goods, where, in the case where several types of goods are covered by the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the Terms and Conditions. Withdrawal from the sales contract is sent by the buyer to the seller's postal address or to the e-mail address of the seller at email@example.com.
5.3. In the case of withdrawal from the purchase contract according to Article 5.2 of the Business Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller by the byuer within 14 days of receipt of the withdrawal from the sales contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
5.4. In the event of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within 30 days of withdrawal from the Purchase Agreement to Buyer's bank account. The seller is also entitled to return the amount of money paid by the buyer upon returning the goods other way in case the buyer agrees and to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received amount of money to the buyer before the buyer returns the goods or proves that the goods have been dispatched to the seller.
5.5. The Seller is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the sales contract in accordance with the Paragraph 1829 (1) of the Czech Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer acquires the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, without charge, to the account specified by the buyer.
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 buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the provided gift.
6.1. If the type of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this type of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively costs associated with another delivery method.
6.4. Upon delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the case of a damage of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
6.5. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations (in particular the Paragraph 1914 to 1925, Paragraph 2099 to 2117 and Paragraph 2161 to 2174 of the Czech Civil Code).
7.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
7.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
7.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
7.2.4. the goods are in the appropriate quantity, degree or weight and
7.2.5. goods comply with legal requirements.
7.3. The Article 7.2 of the Terms and Conditions does not apply to goods sold at a lower price for a defect for which a lower price has been agreed, for the wear and tear of the goods due to its normal use, or if it results from the nature of the goods.
7.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
7.5. Rights to defective performance applies the buyer in writing to the seller by post or to the seller's email address firstname.lastname@example.org.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of Paragraph 1826 (1) e) of the Czech Civil Code.
8.3. Consumer complaints are handled by the seller via the email address email@example.com. Confirmation of receiving the complaints will be sent to the buyer's email address by the seller.
8.4. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praga 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
8.5. 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 according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on-line).
8.6. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Czech Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby takes on the risk of changing circumstances in accordance with Paragraph 1765 (2) of the Czech Civil Code.
9.1. Article 13 of 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 Regulation on the protection of personal data) (hereinafter referred to as the the „GDPR Regulation“) related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiations on the purchase contract and for the fulfillment of the public obligations of the seller is fulfilled by the seller through a special document.
10.1. The Buyer agrees, within the meaning of Paragraph 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, by sending commercial communications to Seller at an electronic address or the buyer's phone number. The information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation relating to the processing of the buyer's personal data for the purpose of sending commercial communications is fulfilled by the seller through a separate document.
10.2. Buyer agrees with saving so. Cookies on his computer. In the event that a purchase on the website can be made and the seller's obligations from the purchase contract to fulfill, without storage so. Cookies on the computer of the buyer, the buyer may consent under the preceding sentence at any time withdraw.
11.1. The buyer may be delivered to the email address specified in his user account or given by the buyer in the purchase order.
12.1. If a relationship based on a sales contract 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.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Amendments and supplements to the purchase agreement or terms and conditions require written form.
12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. Contact details of the seller: delivery address: Sloupno 28, 583 01, Czech Republic, e-mail address firstname.lastname@example.org, phone number (+420) 792 35 33 10.
These Terms and Conditions are valid and effective from January 1, 2018