Terms and Conditions
1. Introductory Provisions
1.1. These Terms and Conditions of Rostislav Pavlík - KOFIX with the registered office in Zlin, Mokra II. 343, post code CZ 76501, company identification No.: 10574204, tax identification No.: CZ5806102181, e-mail: firstname.lastname@example.org, tel. +420 577 102 634, for other contact information see http://www.pompoms-fringes.com/CONTACT-INFORMATION-a2_0.htm (hereinafter referred to as the “Seller”) represent binding regulation of mutual rights and duties of the contracting parties, originated in relation to or on the basis of a purchase agreement concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the online shop of the Seller. The Seller operates the online shop at the address http://www.pompoms-fringes.com/.
1.2. These Terms and Conditions may be updated and modified without Buyer’s being notified. The version valid as of the date of the purchase is binding on the Buyer. The Buyer expresses its consent with these Terms and Conditions and with the Rules of Personal Data Protection by sending an order on the website http://www.pompoms-fringes.com/ (hereinafter referred to as the “Website” or “Shop”). The Buyer undertakes to study these Terms and Conditions in detail and in case it disapproves thereof, it shall not be entitled to order and purchase goods in the online shop of Rostislav Pavlík - KOFIX.
2. Website http://www.pompoms-fringes.com/
2.1. The customer may register on the Website http://www.pompoms-fringes.com/ or it may make purchases as an unregistered customer.
2.2. The Buyer undertakes to provide true, accurate, current and complete information in the registration process. Should this information change, the Buyer is obliged to correct the provided information as soon as possible. The Seller reserves the right to cancel Buyer’s account and prohibit it to enter the Website, should the Buyer provide false information regarding its person or should it breach its duties from the purchase agreement in any manner (including these Terms and Conditions). In such case the Seller shall not bear liability for errors and damage caused by the provision of false, inaccurate or outdated information by the Buyer. The Seller may also cancel the user account in case the Buyer has not used it for more than 1 year.
2.3. The access to the user account is secured by the user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access its user account and acknowledges that the Seller shall not bear liability for the breach of this duty by the Buyer. The Buyer is not entitled to enable using its account to third persons.
2.4. In the case of purchase without registration, the customer shall only fill in information necessary for placing the order. The Seller shall not archive such information. The Buyer undertakes to provide true, accurate, current and complete information. The Seller shall not bear liability for errors and damage caused by the provision of false, inaccurate or outdated information by the Buyer.
2.5. By making a purchase at http://www.pompoms-fringes.com/, the Buyer declares it has legal capacity to make purchases in this online Shop. Even products intended for children may only be purchased by adults.
2.6. The Seller reserves the right to misprints and other errors in the content of the Website.
3 Purchase Agreement
3.1. The Shop Website contains the range of goods offered by the Seller to be purchased including the prices of the respective articles. The prices of the offered goods are quoted in EUR, VAT inclusive. Any potential duties or taxes levied in the country of destination are not included in the price and it is Buyer’s responsibility to declare and settle them. The offer of goods and their prices shall remain valid for the period of display on the Shop Website. The decisive moment for the determination of the purchase price is the moment of the order dispatch.
3.2. Costs of packaging and delivery of the goods shall be calculated in the order form according to the place of destination. Costs of packing and delivery of the goods are not part of the purchase price under par. 3.1.
3.3. After preparing the order, the Buyer shall receive a confirmation e-mail with information about the dispatch of the order from the Shop staff. A purchase agreement is executed between the Seller and the Buyer pursuant to the confirmation e-mail, which agreement only applies to the goods whose dispatch is confirmed by the Seller. The dispatch of the goods is contingent upon prior full payment or selecting the Cash on delivery payment method. The Buyer is responsible for the correctness of the mailing information. Delivery address given by the Buyer cannot be changed after the goods were passed to the carrier.
3.4. The Seller shall issue a tax document (invoice) to the Buyer and shall send it in the electronic form to the electronic address of the Buyer or enclose it to the parcel with goods.
4 Transport and Delivery of Goods
4.1. The method of delivery of goods shall be determined by the Seller unless stipulated otherwise in the purchase agreement. In case the transportation method is agreed pursuant to Buyer’s request, the Buyer shall bear the risk and potential additional costs related to this method of transportation.
4.2. The Buyer acknowledges that the stated delivery periods are for information only and are not binding.
4.3. The Seller is obliged to send goods under the purchase agreement to the place determined by the Buyer in the order, the Buyer is obliged to accept the goods on delivery. Should the Buyer fail to accept the goods on delivery, the Seller shall be entitled to claim compensation for costs related to the storage of the goods and return of the goods back to the Seller and he shall also be entitled to withdraw from the purchase agreement with immediate effect.
4.4. The Buyer is obliged to check the integrity of packaging of the goods on the receipt of the goods, and should it find out any defects, it shall promptly notify the carrier thereof. The Buyer shall not accept the parcel, if it's damaged or s/he should let the carrier confirm the damage in writing. It is recommended to take photographs of the damaged parcel for successful complaints. By attaching its signature on the delivery note, the Buyer confirms that the shipment meets all conditions and requisites. Later complaints concerning damage of packaging shall not be subject to assertion of the right from defects.
5 Withdrawal from Purchase Agreement
5.1. In case the Buyer is the end consumer (i.e. it purchases for its own needs and not for commercial purposes), it is entitled to withdraw from the purchase agreement without reason within 14 days of accepting the goods. In such case the Buyer shall contact the Seller in writing, shall notify it of its withdrawal from the agreement and shall specify the order number, date of purchase and number of account to which the money should be refunded. The notice of withdrawal must be delivered no later than on the last day of the 14-day period.
5.2. Buyers with the residence or registered office in the Czech Republic shall return the goods to the Seller within 10 days; the other Buyers shall return them within 15 days of the dispatch of the written notice of withdrawal.
5.3. In case the Buyer withdraws from the agreement under this paragraph, it shall release to the Seller everything it obtained pursuant to the purchase agreement in an undamaged and unused condition.
5.4. The Buyer acknowledges that if the returned goods are damaged, used or even partially consumed, the right to the compensation of incurred damage shall arise to the Seller in relation to the Buyer. The claim to damages may be unilaterally set off by the Seller against Buyer’s claim to the refund of the purchase price.
5.5. After the Seller examines the returned goods, it shall refund the purchase price (without costs of the goods delivery) to the Buyer by wire transfer to the bank account specified by the Buyer.
6 Liability for Defects, Warranty
6.1. In case the goods do not comply with the purchase agreement at the receipt by the Buyer (hereinafter referred to as a “Contradiction”), the Buyer may claim that the Seller promptly and free of charge restore the goods to the condition complying with the purchase agreement, either by exchange of goods or by repair at Buyer’s discretion. If such procedure is not possible, the Buyer may claim a reasonable discount from the price or withdraw from the agreement. This shall not apply in case the Buyer knew of the Contradiction before the receipt of the goods or caused the Contradiction itself. A Contradiction which shall manifest itself within six (6) months of the date of receipt of the goods shall be deemed a Contradiction existing at the receipt of the goods unless this is inconsistent with the nature of the goods or unless the opposite is proven.
6.2. The Seller shall be liable for any defects that appear as a Contradiction after the receipt of the thing during the warranty period of 2 years. Rights and duties of the contracting parties concerning Seller’s liability for defects, including Seller’s warranty liability, shall be governed by generally binding regulations of the Czech Republic.
6.3. In case the Buyer ascertains any defect within the warranty period, it shall notify the Seller thereof in writing. The notification shall contain a detailed description of the ascertained defect.
6.4. The Seller may request sending the defective products to the address of the Seller (see contacts). In such case, the Buyer shall send the defective products to the Seller at its own expense and risk. In case the complaint is acknowledged, the mailing expenses shall be refunded to the Buyer together with the purchase price and costs of delivery of the goods to the Buyer.
6.5. The Seller shall not be liable for any defects of the products that were not the subject of the purchase agreement (gifts, promotional items).
7 Personal Data Protection
7.1. The Buyer agrees with the processing of the following personal data: Buyer’s name and surname, address of residence including country, identification No., tax identification No., electronic address, telephone number (hereinafter jointly referred to as “Personal Data”) by the Seller for the purpose of exercise of rights and fulfillment of duties from the purchase agreement and for the purpose of sending information and commercial messages to the Buyer.
7.2. The Seller may authorize a third person as a processor of Buyer’s personal data. The Seller shall not disclose Buyer’s personal data to third persons without prior consent of the Buyer, except to persons transporting goods.
7.3. Personal data shall be processed for an indefinite period. Personal data shall be processed electronically in the automated manner or in the printed form in the non-automated manner.
7.4. The Buyer confirms that it provides the personal data voluntarily. The Buyer declares that it has been instructed that it may revoke the consent with the processing of personal data in relation to the Seller by a written notification delivered to Seller’s address.
7.5. The Buyer shall have access to its personal data and may correct or update them in the registration profile at any time.
7.6. If the Buyer requests information about processing its personal data, the Seller is obliged to provide such information to the Buyer. The Seller has the right to request a reasonable consideration not exceeding necessary costs for the provision of information under the preceding sentence.
7.7. The Buyer agrees with being sent information related to goods, services or enterprise of the Seller to its electronic address.
8 Final Provisions
8.1. In case the relation concerning the use of the Website or the legal relation established by the purchase agreement contains an international element, the parties agree that their relation shall be governed by Czech laws.
8.2. The contracting parties agree that any disputes ensuing from the use of the online Shop or from the purchase agreement shall be resolved before the courts of the Czech Republic.
8.3. Both parties shall have the right to suspend fulfillment of their duties ensuing from the Terms and Conditions and the purchase agreement for a period of circumstances excluding liability (hereinafter referred to as “Force Majeure”). The party claiming to be affected by Force Majeure is obliged to notify the other contracting party of such event and take any and all measures possible to mitigate the consequences of failure to fulfill its contractual duties. In the event of Force Majeure that lasts for a period longer than six months, both parties shall be entitled to withdraw from the agreement.
8.4. The purchase agreement shall be archived by the Seller and shall not be made accessible to the public.