Terms and Conditions
I
Terms and Conditions
Itziar Lanas Rodríguez,
Kaštanová 1055/14,
779 00 Olomouc.
IČ 11970928, neplátce DPH
email: itziar@bluelibelula.com
for the sale of goods through the online store located at the internet address www.bluelibelula.com
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions“) of the company Itziar Lanas Rodríguez, ID No.: 11970928, with registered office at Kaštanová 1055/14, 779 00 Olomouc (hereinafter referred to as the “Seller”), govern in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at the internet address (hereinafter referred to as the “Website”), through the interface of the website (hereinafter referred to as the “Online Store Interface”).
1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who is ordering goods within the scope of their business activity or within the scope of their independent profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration on the website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the “User Account”). If the Online Store Interface allows it, the Buyer can also order goods without registration directly through the Online Store Interface.
2.2. When registering on the website and when ordering goods, the Buyer is required to provide accurate and truthful information. The Buyer is obliged to update the information provided in the User Account whenever there are any changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not authorized to allow third parties to use their User Account.
2.5. The Seller may cancel the User Account, particularly if the Buyer has not used their User Account for more than 2 years or if the Buyer breaches their obligations under the Purchase Contract (including these Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially due to the necessary maintenance of the Seller’s hardware and software, or necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods displayed in the online store interface is informative in nature, and the Seller is not obligated to enter into a purchase contract regarding these goods. The provisions of Section 1732(2) of the Civil Code do not apply.
3.2. The online store interface contains information about the goods, including the prices of individual goods and the costs of returning goods if such goods, by their nature, cannot be returned by ordinary postal methods. The prices of goods are listed, including value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the online store interface. The prices of goods are/are not personalized for the Buyer based on automated decision-making. This provision does not limit the Seller’s ability to conclude a purchase contract under individually agreed conditions.
3.3. The online store interface also contains information about the costs associated with packaging and delivering goods, as well as the method and time of delivery of goods. The information about the costs associated with packaging and delivering goods listed in the online store interface applies only when the goods are delivered within the territory of the Czech Republic. If the Seller offers free shipping, the Buyer’s right to free shipping is contingent upon payment of the minimum total purchase price of the delivered goods specified in the online store interface. If the Buyer partially withdraws from the purchase contract and the total purchase price of the goods for which the Buyer has not withdrawn from the contract does not meet the minimum amount required to qualify for free shipping according to the previous sentence, the Buyer’s right to free shipping ceases, and the Buyer is obligated to pay for the shipping costs to the Seller.
3.4. To order goods, the Buyer fills out the order form in the online store interface. The order form contains, in particular, information about:
the ordered goods (the Buyer “adds” the ordered goods to the electronic shopping cart in the online store interface),
the method of payment of the purchase price for the goods, details of the required method of delivery of the ordered goods, and
information about the costs associated with the delivery of the goods (collectively referred to as the “Order”).
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the input data entered into the Order, including the possibility for the Buyer to identify and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the “Order with obligation to pay” button. The information provided in the Order is considered correct by the Seller. The Seller will immediately confirm receipt of the Order to the Buyer by electronic mail, to the Buyer’s email address provided in the User Account or the Order (hereinafter referred to as the “Buyer’s Email Address”).
3.6. The Seller is always entitled to request additional confirmation of the Order (for example, in writing or by telephone) depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs).
3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the Order (confirmation), which is sent by the Seller to the Buyer by electronic mail, to the Buyer’s Email Address.
3.8. The Buyer agrees to the use of remote communication means when entering into the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) are borne by the Buyer, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the Purchase Contract to the Seller in the following ways:
4.1.1. By bank transfer to the Seller’s account No. 123-8297300237/0100, held at Komerční banka, a.s. (hereinafter referred to as the “Seller’s Account”);
4.1.2. By credit card;
4.2. Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price is understood to include the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or any similar payment. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the conclusion of the Purchase Contract, unless otherwise agreed upon by the Buyer and the Seller.
4.5. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the payment reference number. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the order (Article 3.9), to require payment of the full purchase price before the goods are dispatched to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is customary in business dealings or if required by generally binding legal regulations, the Seller will issue a tax document – an invoice – to the Buyer for payments made based on the Purchase Contract. The Seller is not a VAT payer. The tax document – the invoice – will be issued by the Seller to the Buyer after the price of the goods has been paid and will be sent electronically to the Buyer’s email address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract, among other things, for the supply of:
Goods that have been customized according to the Buyer’s requirements or tailored to the Buyer’s personal needs,
Goods that are perishable or have a short shelf life, as well as goods that, after delivery, have been irreversibly mixed with other goods due to their nature,
Goods in sealed packaging that, for health protection or hygiene reasons, are not suitable for return once the Buyer has broken the seal, and
Audio or video recordings or computer programs in sealed packaging, if the Buyer has broken the seal.
5.2. If it is not a case mentioned in Article 5.1 of the Terms and Conditions or another case where withdrawal from the Purchase Contract is not possible, the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) and (2) of the Civil Code, within fourteen (14) days from the day when the Buyer or a third party designated by the Buyer, other than the carrier, takes possession of the goods, or:
The last piece of goods if the Buyer has ordered multiple items within one order that are delivered separately,
The last item or part of a delivery consisting of several items or parts, or
The first delivery of goods if regular delivery of goods is agreed for a specified period in the contract.
5.3. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in Article 5.2 of the Terms and Conditions. To withdraw from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an attachment to these Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, among other things, to the Seller’s business address or to the Seller’s email address: Kateřina Bartošová, Pražská 29, 26301 Dobříš; email: info@perlomanie.cz.
5.4. In case of withdrawal from the Purchase Contract, the Purchase Contract is canceled from the outset. The Buyer shall return or hand over the goods to the Seller without undue delay, no later than fourteen (14) days from the withdrawal from the contract, unless the Seller has offered to collect the goods themselves. The deadline is met if the Buyer sends the goods before the expiry of the 14-day period. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.
5.5. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract by the Buyer, in the same manner as received from the Buyer. The Seller is also entitled to return the payment provided by the Buyer upon the return of the goods by the Buyer or in another way, provided the Buyer agrees and does not incur additional costs. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Seller receives the goods back or before the Buyer proves that the goods have been sent back, whichever occurs first.
5.6. The Seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.
5.7. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, in a non-cash manner to the account designated by the Buyer.
5.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a condition subsequent that in the event of withdrawal from the Purchase Contract by the Buyer, the gift agreement regarding such a gift ceases to be effective, and the Buyer is obliged to return the provided gift to the Seller together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is agreed upon based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to a location specified by the Buyer in the order, the Buyer is required to take delivery of the goods upon delivery. The Seller will dispatch the goods to the Buyer in the agreed manner no later than 5 working days after the purchase price has been credited to the Seller’s account, unless otherwise agreed with the Buyer.
6.3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or by a method other than that specified in the order, the Buyer is obliged to cover the costs associated with the repeated delivery of goods or the costs associated with a different method of delivery.
6.4. Upon receipt 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, immediately notify the carrier. If the packaging is found to be breached, indicating unauthorized entry into the shipment, the Buyer may refuse to accept the shipment from the carrier.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the applicable generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The Seller is liable to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took delivery of the goods:
The goods have the properties that the parties agreed upon, and if no agreement has been made, the goods have the properties that the Seller or manufacturer described or that the Buyer expected with regard to the nature of the goods and based on the advertising they carried out;
The goods are fit for the purpose for which the Seller states they are used or for which goods of this kind are usually used;
The goods correspond in quality or design to the agreed-upon sample or model, and the goods are in the corresponding quantity, measure, or weight considering Article 3.4 of the Terms and Conditions;
The goods comply with the requirements of legal regulations.
7.3. The provisions stated in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed upon, for wear and tear of the goods caused by normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when the Buyer took possession of them, or if it results from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, it is presumed that the goods were defective at the time of receipt.
7.5. If the item has a defect, the Buyer may request its removal. According to their choice, the Buyer may demand the delivery of a new item without defects or repair of the item, unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other method; this will be assessed mainly concerning the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the Buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately expensive, particularly with regard to the significance of the defect and the value the item would have without the defect.
7.6. If the defect of the item is insignificant, the Buyer cannot withdraw from the Purchase Contract (within the meaning of Article 7.5 of the Terms and Conditions); it is presumed that the defect is not insignificant. If the Buyer withdraws from the Purchase Contract, the Seller will return the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves that they have sent the item back.
7.7. The Buyer can specifically exercise their rights from liability for defects in the goods by contacting the Seller by phone at [phone number] or by email at [email address].
7.8. Other rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
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 within the meaning of Section 1820(1)(n) of the Civil Code.
8.3. The handling of consumer complaints is ensured by the Seller via electronic mail. Complaints can be sent to the Seller’s email address at shop@bluelibelula.com. The Seller will send information about the resolution of the Buyer’s complaint to the Buyer’s email address. No other rules for handling complaints are set by the Seller.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Contract.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).
8.6. The Buyer may lodge a complaint with the supervisory or state oversight authority. The Seller is authorized to sell goods based on a trade license. Trade control is carried out within the scope of its authority by the relevant trade licensing office. Supervision over personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, to the extent defined, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The Seller fulfills their information obligation towards the Buyer in the sense of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) related to the processing of the Buyer’s personal data for the purposes of fulfilling the Purchase Contract, for the purposes of negotiating the Purchase Contract, and for the purposes of fulfilling the Seller’s public law obligations, through a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on the amendment of some laws (the Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer’s email address or phone number. The Seller fulfills their information obligation towards the Buyer in the sense of Article 13 of the GDPR, related to the processing of the Buyer’s personal data for the purpose of sending commercial communications, through a separate document.
11. DELIVERY
11.1. The contracting parties may deliver all written correspondence to each other via email.
11.2. The Buyer shall send correspondence to the Seller at the email address provided in these Terms and Conditions. The Seller shall send correspondence to the Buyer at the email address provided in the Buyer’s order.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the rights of consumers arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Any changes or amendments to the Purchase Contract or the Terms and Conditions must be made in writing.
12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. An appendix to the Terms and Conditions is the sample form for withdrawal from the Purchase Contract: Withdrawal Form.
12.5. The Seller’s contact information is Itziar Lanas Rodríguez, Kaštanová 1055/14, 779 00 Olomouc, postal delivery address, and email: shop@bluelibelula.com.
Olomouc, 15.06.2024
