Terms and Conditions | Marieta Tedenac

TERMS AND CONDITIONS

Preliminary Provisions

These Terms and Conditions (hereinafter the ‘T&C’) of the trader Marieta Tedenacová, company registration number: 09860231, with company address Bašného 279/51, 623 00, Brno – Kohoutovice (hereinafter referred to as the ‘Seller’) govern in accordance with the provisions of Section § 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the ‘Civil Code’) mutual rights and obligations of the contracting parties arising in connection with the conclusion of the Purchase Agreement or other Agreement (hereinafter referred to as the ‘Purchase Agreement’ or ‘Agreement’) between the Seller and another physical person (hereinafter referred to as the ‘Buyer’) via the Seller’s e-shop. The e-shop is operated by the Seller on a website located at https://marietatedenac.com (hereinafter referred to as the ‘Website’) through the interface of the Website. The T&C further regulate the rights and obligations when using the Seller’s website and other related legal relations.
These T&C are integral part of the Agreement, although they are not explicitly referred to in the Agreement. By concluding the Agreement, the Buyer agrees with the wording of these T&C, which are valid and effective for the contractual relationship between the Buyer and the Seller as of the date of concluding the Agreement and confirms that these T&C are integral part of thereof.
Provisions aberrant from the T&C can be agreed in the Agreement. Aberrant provisions in the Agreement take precedence over the provisions of the T&C.
The wording of the T&C may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the T&C.

User account

Based on the Buyer’s registration made on the website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can perform the ordering of goods (hereinafter referred to as the ‘User Account’). The Buyer can also order goods without registration directly from the web interface of the shop.
When registering on the website and when ordering goods, the Buyer is obligated to state all data correctly and truthfully. The Buyer is obligated to update the data stated in the user account upon any change. Data provided by the Buyer in the user account and when ordering goods are considered by the Seller to be correct.
Access to the User Account is secured by a user name and password. The Buyer is obligated to maintain confidentiality regarding the information necessary to access his/her User Account.
The Buyer is not entitled to allow the use of the User Account by third parties.
The Seller may cancel the user account, especially when the Buyer does not use his/her user account for more than a year, or immediately in a case when the Buyer breaches his/her obligations under the Purchase Agreement (including T&C).
The Buyer notes that the user account may not be available continuously, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties.

The order of goods

All presentations of the goods placed in the web interface of the shop are informative and the Seller is not obligated to conclude a purchase agreement for these goods. The provision of Section 1732 (2) of the Civil Code shall not apply. The order is a proposal for the conclusion of a purchase agreement.
The web interface of the shop contains information about the goods, including the indication of the prices of the individual goods. Prices of goods are listed without VAT, because the Seller is not a VAT registered company. However, the prices of goods do not include the costs associated with the delivery of the goods (postage, transport). Prices of goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the Seller’s ability to conclude a purchase agreement for individually negotiated terms.
The web interface of the shop also includes information on packaging and shipping costs. The price of the goods does not include costs associated with the delivery and packaging of the goods. The information on costs associated with the packaging and delivery of goods provided in the web interface of the store is valid only if the goods are delivered within the supported territory of European countries. Transport to countries that are not explicitly stated by the interface of the E-shop is possible by agreement via the Seller’s email address. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself.

To order the goods, the Buyer shall ‘place’ the ordered goods into the electronic shopping cart and and fills in the order form in the web interface of the store. The order form contains, in particular, information on:

the ordered goods,
goods price,
the method of payment of the purchase price of the goods,
the required method of delivery of the ordered goods and
information on the costs associated with the delivery of the goods.

(The Order)

The information provided above in relation to the goods according to Article 3.4 is available to the Buyer on the web interface before the conclusion of the Agreement.
The Buyer shall send the order to the Seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer’s e-mail address specified in the User Account or in the Order (hereinafter referred to as the Buyer’s e-mail address).
By sending the order, the Buyer declares that he is bindingly ordering from the Seller the goods specified in the Order, that he has read the T&C and that he agrees with them in the wording valid and effective at the time of sending the Order. Filling in all data and requisites prescribed in the form is a condition of the validity of the Order.
The Buyer acknowledges that the Seller is not obliged to enter into the Agreement if the data in the order are incomplete, or the Buyer is a person who has previously materially breached its obligations to the Seller. The Seller further reserves the right not to accept the Order in the event of an obvious typographical error regarding the price, description or image of the goods listed on the website, or a wrong or missing delivery price calculation by the system.
The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated transport costs), to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).

The contractual relationship between the Seller and the Buyer arises from the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address specified in the Order or in the User Account. This does not apply to ordering the goods described in the following paragraph.
If the goods are not shown in the Seller’s offer and are to be manufactured or specially modified by the Seller purely according to his individual requirements (Goods according to the Buyer’s design), the Seller will confirm to the Buyer by e-mail and send to the e-mail address. processing design. The Agreement is concluded only after the mutually confirmed approval of the draft goods and their price, and any other conditions of payment and the process of production of goods. The seller is not obliged to confirm the order according to this Article 3.11.
The seller uses his own material for the production of goods. The Seller will use the material supplied by the Buyer only if the Seller and the Buyer expressly agree on it in writing (or in e-mail communication). The Seller does not assume responsibility for the quality of the material delivered by the Buyer and its possible unsuitability for the manufacture of goods, unless it is an unsuitability that is obvious.

Purchase Agreement

The Buyer’s order is a proposal for concluding the Buyer’s Purchase Agreement with the Seller. The contractual relationship between the Seller and the Buyer is established in accordance with Article 3.10 or 3.11 by delivery of the order confirmation (acceptance), which the Seller will send to the Buyer by e-mail to the Buyer’s e-mail address. The order and the confirmation of its receipt are considered delivered if the parties to whom they were addressed can become acquainted with them.
From this moment, mutual rights and obligations arise between the Buyer and the Seller, which are defined by the Purchase Agreement and these T&C, which are an integral part of such an Agreement. By the Purchase Agreement, the Seller undertakes to deliver to the Buyer the goods specified in the Order within the term according to the T&C and to the place of delivery of goods specified in the Order and the Buyer undertakes to take over the goods from the Seller or its chosen carrier web interface) and the price for the transport of goods specified in the Order.

Price of goods and payment terms

The Buyer may pay the price of the goods and any costs associated with the delivery of the Goods in accordance with the Purchase Agreement to the Seller in the following ways:

cashless bank transfer to the Seller’s account No. 1774486002/5500, kept with Raiffeisenbank (hereinafter referred to as Seller’s Account);
cashless payment by card
cashless via Apple Pay

Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
In the case of a bank transfer, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account. In the case of payment by credit card or Appe Payment, the purchase price is payable immediately via the web interface.
Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
The tax document – invoice will be issued by the Seller to the Buyer after payment of the price of the goods and will be sent in electronic form to the Buyer’s electronic address.
The risk of damage to the goods passes to the Buyer by handing over the goods to the carrier, or in case of personal delivery by taking over the goods by the Buyer. Ownership passes to the Buyer only after full payment of the purchase price.
In the event of a delay in the payment of any monetary obligation, the Buyer is obliged to pay the Seller a contractual penalty in the amount of 0.1% of the amount due for each day of delay in payment.
In the event of the Buyer’s delay in paying any monetary obligation (including the purchase price of the goods) for a period longer than 14 days, the Seller is entitled to withdraw from the Purchase Agreement by notification received by the Buyer by email.

Withdrawal from the Purchase Agreement

The Consumer is the Buyer – a natural person who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling the Contract.
If the Purchase Contract was concluded with the Buyer – consumer by means of distance communication and does not apply to goods to order or goods that have been modified at the request of the consumer or for his person, the Buyer has the right to withdraw from the Contract in accordance with § 1829 paragraph 1 of the Civil Code. within 14 days of receipt of the goods.
If it is possible to withdraw from the Contract, the Buyer has the right to do so within fourteen (14) days of receipt of the goods, but is obliged to comply with the provisions of this Article 6.3 and Articles 6.4 and 6.5. The specific procedure is as follows:

The Buyer shall send the withdrawal from the Contract within the above-mentioned period, preferably in the form of an email message to eshop@marietatedenac.com with the following text:

“I have decided to withdraw from the contract dated DD.MM.YYYY, invoice number ______ and I request a refund of the purchase price to the bank account number: ______”

Date and signature.

The Seller shall confirm the delivery of the withdrawal to the Buyer without undue delay.

The Buyer shall deliver the goods at his own expense to the address of the Seller within 14 days of sending the withdrawal from the Contract to the Seller together with the attached copy of the withdrawal from the Contract.
The Buyer must return the goods complete, unused, with complete documentation and accessories, undamaged, clean, in the original undamaged packaging. The Buyer acknowledges that if the returned goods are damaged, worn, or other damage is caused, the Seller is entitled to compensation from the Buyer for the damage caused. The seller is entitled to unilaterally set off the right to compensation for the damage against the Buyer’s right to a refund of the purchase price.
Upon delivery of the notice of withdrawal from the contract, the Contract is terminated from the beginning. The Goods must be returned to the Seller within fourteen (14) days of withdrawal from the Contract. If the Buyer withdraws from the Contract, he shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by ordinary mail due to their nature.
The Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Contract by the Buyer, in the same manner as the Seller received them from the Buyer. However, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him. The Seller is also entitled to return the performance provided by the Buyer when returning the goods to the Buyer or in any other way, if the Buyer agrees and the Buyer does not incur additional costs. The Seller is not obliged to return to the Buyer the costs of transporting the goods to the Buyer. The price of transport will be deducted from the returned amount for the goods even if the price of transport was free. In such a case, the Seller is obliged to submit to the Buyer a paid invoice for transport.
The Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the Buyer’s right to a refund of the purchase price.
If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the untying condition that if the Buyer withdraws from the Purchase Agreement, the gift contract for such a gift ceases to be effective and the Buyer is obliged to return and the gift provided.

Delivery of goods and transport

In the event that the mode of transport is contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
If, according to the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery. If the Buyer does not take over the goods even during repeated delivery, the Seller is entitled to withdraw from the Contract. In addition to other claims of the Seller, the Buyer is obliged to compensate the Seller for all damage caused by withdrawal from the Agreement.
In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, or more precisely costs associated with another method of delivery.
Upon receipt of the goods from the carrier, the Buyer is obliged to immediately check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier. If the Buyer takes over the goods, he is obliged to immediately describe the damage and further notify the Seller of an incomplete or damaged shipment. An additional claim for incompleteness or external damage to the shipment does not deprive the Buyer of the right to complain about the item, but gives the Seller the opportunity to prove that this is not a breach of the Purchase Agreement.

Defective performance rights

The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time when the Buyer took over the goods:

the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of advertising made by them,
the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
the goods are in the appropriate quantity, measure or weight; and
the goods comply with the requirements of the legislation.

The Buyer acknowledges that the color of the goods due to the use of natural materials may differ from the color image on the website. Such a difference is not considered a defect of the goods and is not a reason for a complaint.
The Seller expressly warns the Buyer and the Buyer acknowledges and expressly agrees that due to the manual production of goods and the fact that each individual piece is original, the ordered product (goods) may differ from the photo on the e-shop, but only to an insignificant extent.
Damage or destruction of the goods or loss of its components due to improper handling is not a reason for a complaint.
The buyer may send the defective goods for complaint by a transport service. The moment of claim is considered to be the moment when the Seller received the claimed goods from the Buyer. In the event of a justified complaint, the Buyer has the right to a refund of the necessary postage.
The claimed goods should be thoroughly secured, visibly marked “COMPLAINTS” and contain: the claimed goods (including complete accessories, parts, gift, etc.), a detailed description and photo documentation of the defect and sufficient contact details of the Buyer (especially return address and phone number) and or a copy of the purchase document, the choice of the method of handling the complaint (see below). Without the above, it is impossible to identify the origin and defects of the goods.
In the event that the item is not in accordance with the Purchase Agreement upon acceptance by the Buyer, the Buyer has the right to request the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect. Due to the nature of the goods and hand-made goods, new goods cannot be produced completely identical to the original goods.
If the defect concerns only a part of the item, the Buyer may only request the replacement of the given part; if this is not possible, he may withdraw from the Agreement. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right only to free removal of the defect.
The buyer has the right to deliver new goods or replace its components even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence 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 Agreement.
If the Buyer does not withdraw from the Contract or does not exercise the right to deliver new goods without defects, to replace its components 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 its part or repair the goods, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause the Buyer considerable difficulties.

Protection of intellectual property rights

The Buyer acknowledges that the goods produced / modified by the Seller, including its photographs, as well as advertising materials, photographs, images, other designations of goods and website content are protected under copyright law or trademark law and the relevant provisions of the Civil Code on unfair competition, as amended. The Buyer is not entitled to make or have copies of the goods or resell them, without any prior written consent of the Seller, as well as to disseminate or copy advertising materials, photographs, images, etc. in any way. The Seller is entitled to revoke any consent at any time. The buyer is entitled to use the specific purchased goods only for his personal use or donate or sell them to a third party, but is not entitled to use the design of goods or any part of the goods to produce identical goods or parts or imitations of goods or parts and resell or otherwise sell such products, nor is he entitled to use the design of the goods in any other way. Photographs, advertising materials and other materials or outputs that are available to the Buyer on the web interface or otherwise in connection with the conclusion of the Purchase Agreement, the Buyer is not entitled to use other than for the purpose of viewing on the website or in email communication with the Seller, only for the purposes of deciding on the purchase of goods. Purchase of goods is not associated with the granting of any license or other authorization to use the goods, their design and any such images, materials, documents or outputs, web interface design, logos, trademarks or other copyright, intellectual or industrial property that are available on the web interface or otherwise available to the Buyer in connection with the conclusion of the Purchase Agreement. The Buyer acknowledges and agrees that the Buyer’s authorization to use the goods or other items mentioned herein is limited to the use expressly permitted to the Buyer in these T&C and any such authorizations are non-exclusive.
The Seller, as the author of the goods, is entitled to produce the same or similar goods for another Buyer without the need for the Buyer’s consent.
By concluding the Purchase Agreement, the Buyer does not acquire any rights to industrial or other intellectual property (especially to trademarks, trade name, company logo) of the Seller or other persons whose products appear in the Seller’s business offer, unless otherwise stated. The right to protection against unfair competition remains unaffected.
For the avoidance of doubt, the Buyer agrees that the Seller is entitled to publish photographs of goods purchased by the Buyer on the Seller’s website, internet, promotional materials, etc., and the Seller is entitled to use the design of goods and their photographic, audiovisual or other capture in any way and without any restrictions. The sale of goods to the Buyer in no way restricts the copyright, intellectual or industrial property rights of the Seller to the goods. The deviating agreement requires an explicit written agreement between the Seller and the Buyer.
The Buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the offered goods) 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 store.
The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.
The Buyer acknowledges that the Seller is not liable for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.
Unless expressly stated otherwise in these T&C (especially in Article 9.4), the Seller and the Buyer are obliged to maintain confidentiality of all data and information which they learn in connection with the conclusion of the Purchase Agreement and which will be made available, and this information will not be have the nature of normally publicly available information (Confidential Information). This obligation continues even after the termination of the Purchase Agreement. Unless expressly stated otherwise in these T&C (especially in Article 9.4), the Seller and the Buyer undertake to each other not to provide third parties with any Confidential Information that has been made available to them in connection with the performance of the Purchase Agreement and is not publicly available. The Seller and the Buyer undertake to maintain trade secrets pursuant to § 504 and § 2985 of the Civil Code in the event that they have been notified of the fact that specific Confidential Information is the subject of a trade secret. Information normally available from open public sources or information available from sources other than the other party to the Agreement shall not be considered Confidential Information. A breach of this Article 9.8 shall not be deemed to be the provision of information by the Party concerned to its professional advisers and / or employees to the extent necessary to know it for the proper performance of their activities for the Party concerned, bound by legal or confidentiality, at least to the extent of the obligations under this Article 9.8 and information published by the relevant party on the basis of an obligation imposed by law.

Protection of personal data

Terms of personal data protection The Buyer, who is a natural person, can be found in the document “Privacy Policy”.

Delivery

It may be delivered to the Buyer to the Buyer’s electronic address or to the postal address provided by the Buyer.

Final provisions

Relationships not governed by the T&C are governed by the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
In the sense of the provisions of § 1820 par. 1) letter j) of the Civil Code and § 14 par. 1 and § 20d et seq. Act No. 634/1992, on consumer protection, the seller informs that with a proposal for out-of-court settlement of a consumer dispute, the consumer may turn to the body of out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, on the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in the manner and under the conditions stipulated by the relevant legal regulations. For the avoidance of doubt, nothing in these terms and conditions shall preclude the consumer from having recourse to a civil court.
If the relationship established by the Purchase Agreement or related to the use of the website contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law to the exclusion of those provisions that would imply the application of foreign law. This does not affect the consumer’s rights arising from generally binding legislation, including EU law.
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.
Contact details of the Seller:

address for delivery Za Strahovem 78, 169 00, Prague, Czech Republic;
e-mail address eshop@marietatedenac.com.

In Prague on 01. 03. 2021