I. INTRODUCTORY PROVISIONS
1.1 These terms and conditions apply to the purchase of goods in the online store www.sluxurystore.cz (hereinafter referred to as the “E-shop”), which is operated by Bc. Martina Heczková, IČ: 73874043, tel. +420 775 466 009, email: info@sluxurystore.cz (hereinafter referred to as the “Seller”). 1.2 Article V and Article VIII of these terms and conditions do not apply to cases where the person who intends to purchase goods from the Seller is not a consumer within the meaning of Section 419 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”). 1.3 The Seller may change or supplement the wording of the terms and conditions. However, the purchase contract always includes the terms and conditions in the wording valid on the day the order is sent by the Buyer.
II. CONCLUSION OF THE PURCHASE CONTRACT
2.1 The E-shop web interface contains a list of goods offered for sale by the Seller, including the prices of individual goods offered. The prices of the goods offered are listed including value added tax and all related fees. The offer to sell goods and the prices of these goods remain valid for the period they are displayed in the E-shop web interface. This provision does not limit the Seller's ability to conclude a purchase contract under individually agreed conditions. All offers to sell goods placed in the E-shop web interface are non-binding and the Seller is not obliged to conclude a purchase contract regarding these goods.
2.2 The web interface of the E-shop also contains information about the costs associated with the delivery of goods to an address located in the Czech Republic and the Slovak Republic. Information about the costs associated with the delivery of goods to an address located outside the Czech Republic and the Slovak Republic will be provided by the Seller upon individual inquiry.
2.3 To order goods, the buyer places the goods in the basket by clicking on the "ORDER" button in the detail of the individual product preview in the E-shop. Subsequently, the buyer fills in his delivery and billing information in the E-shop web interface, selects the method of delivery of the goods and the method of payment. The buyer further confirms his agreement with these terms and conditions and takes note of the information provided before concluding the contract and the instructions on the right to withdraw from the contract. Everything mentioned in this article 2.3 hereinafter referred to collectively as the "order". The buyer sends the order to the Seller by clicking on the "COMPLETE ORDER" button.
2.4 The data provided in the order are considered correct by the Seller. When ordering goods, the Buyer is obliged to provide all data in the order correctly and truthfully. In the event of any incorrect data in the order, the Buyer shall inform the Seller by email at info@sluxurystore.cz , where he shall provide the order number and correct data.
2.5 The order is only a draft of a purchase contract by the buyer. (i) If the buyer has chosen in the order the method of delivery via a shipping company (PPL or other), a contractual relationship (purchase contract) between the Seller and the buyer arises only upon delivery of the notification of order confirmation (acceptance), which the Seller sends to the buyer by e-mail to the buyer's e-mail address specified in the order.
2.6 The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously materially breached the purchase contract (including these terms and conditions), or in the case of a previous order from another buyer, due to the fact that the Seller usually has only one specific item of the offered goods in the E-shop.
2.7 The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
2.8 The Buyer agrees to the use of means of distance communication (within the meaning of Section 1820, paragraph 1 of the Civil Code) when concluding the purchase contract. The costs incurred by the Buyer when using means of distance communication in connection with concluding the purchase contract (costs of Internet connection, costs of telephone calls) are borne by the Buyer himself.
2.9 The content of the purchase contract is: (i) the order and (ii) these terms and conditions.
2.10 The Buyer's response with an amendment or deviation is not, according to Section 1740, paragraph 3 of the Civil Code, an acceptance of the offer to conclude a purchase contract, even if it does not substantially change the terms of the offer. The provisions of Section 1740, paragraph 3 of the Civil Code do not apply to the relationship between the Seller and the Buyer when the Buyer makes a purchase in the E-shop.
III. PAYMENT TERMS AND SHIPMENT OF GOODS
3.1 The Buyer may pay the price of the goods and any costs associated with the delivery of the goods in the agreed amount according to the purchase contract (collectively hereinafter referred to as the "purchase price") to the Seller in the following ways: (i) by bank transfer or cash deposit to the Seller's account: a) No. 2692891017/3030 held at Air banka, if the purchase price is agreed in CZK and the Buyer pays the purchase price from an account held by a bank in the Czech Republic, or b) IBAN No.: CZ7430300000002692891033 , held at AIR bank, if the purchase price is agreed in EUR and the buyer pays the purchase price from an account held by a bank outside the Czech and Slovak Republics.
(ii) in cash on delivery to the contracted carrier at the location specified by the buyer in the order, or
3.2 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods.
3.3 In the case of payment by bank transfer or cash deposit to the Seller's account, the purchase price is payable within 4 business days from the date of conclusion of the purchase contract, and the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account. If the purchase price is not paid in full on time, the purchase contract shall terminate, unless the Buyer pays the purchase price within an additional period provided at any time by the Seller or the Seller accepts later payment of the purchase price (e.g. by sending the ordered goods to the Buyer).
3.4 The Seller is entitled to demand payment of the entire purchase price before sending the goods to the Buyer, unless otherwise agreed. To expedite the processing of the order, we recommend sending a confirmation of payment to the email: info@sluxurystore.cz . The Buyer is entitled to use the funds in his/her account in the E-shop customer account to pay part or all of the purchase price.
3.5 If the buyer chooses the method of delivery of goods via the PPL shipping company, he will receive a code for tracking his shipment at http://www.ppl.cz
3.6 The Seller is not a payer of value added tax. The Buyer always receives a tax document in the shipment together with the goods. The sale of used goods is governed by a special VAT regime pursuant to Section 90 of Act No. 235/2004 Coll., on Value Added Tax, which prohibits separately stating the amount of VAT on used goods on the tax document and the Buyer does not have the right to claim a VAT deduction when selling used goods.
3.7 Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.
3.8 According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, no later than within 48 hours.
IV. TRANSPORTATION AND DELIVERY OF GOODS
4.1 If the Seller is obliged under the purchase contract to deliver the goods to the location specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
4.2 If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the Seller the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
4.3 In the event that the buyer is not satisfied with the goods and needs to return them and does so within 7 days of delivery of the order, the seller undertakes to pay the postage to the buyer by crediting funds to the buyer's customer account, see "My account"
4.4 The buyer is obliged to check the condition of the shipment upon delivery. If mechanical damage to the packaging of the goods is detected (e.g. a torn or dented box, torn adhesive tape), the buyer is obliged to check the condition of the goods in the presence of the carrier and, in the event of damage, it is necessary to draw up a damage report with the carrier's driver. By signing the delivery note upon receipt of the goods, the buyer confirms that the goods have arrived mechanically undamaged. Complaints about mechanical damage to the goods after signing the delivery note cannot therefore be taken into account later, with regard to the transport conditions of our contractual carrier.
V. QUALITY GUARANTEE UPON ACCEPTANCE AND LIABILITY FOR DEFECTS
5.1 The rights and obligations of the contracting parties regarding the Seller's guarantee for the quality of the goods upon acceptance and the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Section 2161 et seq. of the Civil Code and the Consumer Protection Act).
5.2 The Seller is responsible to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer accepted the goods:
a) the goods have the properties agreed upon by the parties, and in the absence of such agreement, the properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of their advertising,
b) the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used,
c) the goods are of the appropriate quantity, measure or weight, and
d) the goods comply with the requirements of legal regulations.
5.4.1 If the goods do not have the properties specified in Article 5.2 above, the buyer may also demand the delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is unreasonable in view of the nature of the defect, in particular if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge.
5.4.2 The buyer has the right to have new goods delivered or a part replaced even in the event of a removable defect, if the buyer cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the purchase contract.
5.4.3 If the Buyer does not withdraw from the purchase contract or does not exercise the right to delivery of new goods without defects, to replace a part of it or to repair the goods, he may demand a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace a part of it or repair the goods, as well as if the Seller does not remedy the defect within a reasonable time or if remedying the defect would cause the Buyer considerable difficulties.
5.5 The buyer does not have the right to claim defective performance if the buyer knew before taking over the goods that the goods had a defect, or if the buyer caused the defect himself.
5.6 The Buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt of the goods (with the exception stated in Article 5.7 below). This does not apply to:
a) for goods sold at a lower price due to a defect for which the lower price was agreed,
b) wear and tear of goods caused by their normal use,
c) for used goods, for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or
d) if it follows from the nature of the matter.
5.7 The vast majority of goods offered in the E-shop are used. Goods marked in the E-shop offer with the words "like new" are considered used goods, even if they are in excellent condition (almost unworn). The seller and the buyer agree to shorten the period for exercising rights from defective performance to 12 months from the receipt of the goods for already used consumer goods in accordance with Section 2168 of the Civil Code.
5.8 If the defective performance constitutes a material breach of contract, the buyer has the right: a) to have the defect removed by delivering a new item without defects or by delivering the missing item, b) to have the defect removed by repairing the item, c) to receive a reasonable discount on the purchase price, or d) to withdraw from the contract.
5.9 The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notifying the defect. The Buyer may not change the choice made without the Seller's consent; this shall not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remedy the defect within a reasonable period of time or notifies the Buyer that it will not remedy the defect, the Buyer may request a reasonable discount on the purchase price instead of remedying the defect or may withdraw from the contract. If the Buyer fails to choose his right in time, he shall have the rights under Articles 5.10.1 to 5.10.3.
5.10.1 If the defective performance is a minor breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price.
5.10.2 Until the Buyer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller may deliver what is missing or remove the legal defect. The Seller may remove other defects at its option by repairing the goods or supplying new goods; this option may not cause the Buyer unreasonable costs.
5.10.3 If the Seller fails to remedy the defect in the goods in a timely manner or refuses to remedy the defect, the Buyer may request a discount on the purchase price or may withdraw from the contract. The Buyer may not change the choice made without the Seller's consent.
5.11 The Seller does not provide a special contractual guarantee for quality pursuant to Section 2113 of the Civil Code beyond the scope of statutory provisions.
5.12 The Buyer's rights arising from the quality guarantee upon acceptance and the Seller's liability for defects shall be exercised by the Buyer with the Seller at Sluxurystore.cz , correspondence address: Bc. Martina Heczková, Na Prachovníku 1478/2b, 747 06 Opava 6. The moment of claiming the claim is considered to be the moment when the Seller received the claimed goods from the Buyer.
5.13 Complaints are handled in accordance with the Complaints Procedure , the Civil Code, the Consumer Protection Act and other legal regulations.
VI. GUARANTEE OF ORIGINALITY
6.1 The Seller diligently protects its good name in the field of selling original luxury goods and guarantees that all goods offered and purchased in the E-shop are original and authentic.
6.2 If the goods are not original, the buyer has the right to withdraw from the purchase contract at any time and refund the full purchase price.
VII. PROTECTION OF PERSONAL DATA
7.1 The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
7.2 Personal data provided by the Buyer to the Seller for the purpose of fulfilling the order may be collected, processed and stored in accordance with the applicable laws of the Czech Republic, in particular the Act on the Protection of Personal Data.
7.3 The Buyer gives the Seller his consent to the collection and processing of personal data specified in the order for the purposes of fulfilling the subject of the concluded purchase contract, for marketing purposes and for the purposes of sending information and commercial communications to the Buyer, until the Buyer expresses his disagreement with this processing in writing. The Buyer has the right to access his personal data and the right to correct them, including other legal rights to this data.
7.4 Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
7.5 The Buyer confirms that the personal data provided is accurate and that he has been informed that the provision of personal data is voluntary. 7.6 The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's email address and further agrees to the sending of commercial communications by the Seller to the Buyer's email address.
VIII. WITHDRAWAL FROM THE CONTRACT
8.1 The buyer, who is a consumer within the meaning of Section 419 of the Civil Code, has the right to withdraw from the purchase contract without giving any reason within 14 days from the date of receipt of the goods, provided that the purchase contract was concluded using means of distance communication within the meaning of Section 1820, paragraph 1 of the Civil Code, under the conditions set out in Section 1829 et seq. of the Civil Code.
8.2 The Buyer shall withdraw from the purchase contract by notification in the form of: (i) a letter sent via a postal service operator and delivered to the address: SLUXURY STORE, correspondence address: Bc. Martina Heczková, Na Prachovníku 1478/2b, 747 06 Opava 6 or (ii) an email delivered to the address info@sluxurystore.cz .
8.3 In order to comply with the withdrawal period from the purchase contract, it is sufficient for the Buyer to send a notification of the exercise of the right to withdraw from the purchase contract to the Seller before the expiration of the withdrawal period.
8.4 In the notice of withdrawal from the contract, the Buyer shall indicate the bank account number to which he wishes to return the purchase price. The Buyer may (but does not have to) use the sample form available on the SLuxury website to withdraw from the contract.
8.5 If the Buyer withdraws from the purchase contract: (i) the Buyer shall send or hand over to the Seller without undue delay, no later than fourteen days after withdrawal from the contract, the goods he has received from the Seller, to the address of SLUXURY STORE, correspondence address: Bc. Martina Heczková, Na Prachovníku 1478/2b, 74706 Opava 6 (ii) The Seller shall return to the Buyer the funds for the returned goods without undue delay, no later than fourteen days after delivery of the notice of withdrawal from the purchase contract. The Seller shall return the funds in the same way as the Buyer paid the purchase price. The Buyer hereby agrees that in the case of payment of the purchase price on delivery, the funds will be returned to the bank account specified in the notice of withdrawal from the contract. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods to him or proves that he has sent the goods to the Seller.
8.6 The Buyer is informed and agrees that in the event of withdrawal from the contract, the Buyer will bear the costs associated with returning the goods to the Seller in accordance with the provisions of Section 1820, paragraph 1, letter g) of the Civil Code.
8.7 The Buyer is liable to the Seller only for any reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to become familiar with the nature and properties of the goods, including their functionality. The Seller shall offset any claim against the Buyer's claim for a refund of the money for the returned goods.
8.8 The Buyer acknowledges the fact that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is concluded with a termination condition that if the consumer's right to withdraw from the contract pursuant to Section 1829 of the Civil Code is exercised, the gift contract ceases to be effective and the Buyer is obliged to return the gifts provided together with the returned goods.
8.9 The Buyer confirms that he has been informed of the right to withdraw from the contract in accordance with Section 1820, paragraph 1, letter f) of the Civil Code.
8.10 For the avoidance of doubt, this Article VIII of the Terms and Conditions does not apply to purchase contracts concluded in the Store.
IX. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1 The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
9.2 The Buyer acknowledges that the software and other components forming the web interface of the E-shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components forming the web interface of the E-shop without authorization.
9.3 The Buyer acknowledges that the Seller is not responsible for errors arising as a result of third party interference with the E-shop website or as a result of using the E-shop website contrary to its intended purpose.
X. FINAL PROVISIONS
10.1 These terms and conditions shall enter into force and effect on January 1, 2015 and shall cancel all previous terms and conditions of the Seller.
10.2 These terms and conditions, i.e. the wording listed on the Seller's website on the day the order is sent by the Buyer, are part of the purchase contract.
10.3 Articles V, VI and VII of these Terms and Conditions shall apply mutatis mutandis to the purchase of goods by a consumer within the meaning of Section 419 of the Civil Code directly in the Store without prior order via the E-shop web interface.
10.4 If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the Seller and the Buyer agree that the contractual relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.
10.5 If any provision of these general terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.