Terms and Conditions

I. Basic provisions

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter only "Civil Code") 

• Barbora Červenková
• IN: 71496238
• TIN: CZ7661220039
• with registered office: V Úvozu 125, 252 68 Kněževes
• zregistered with the Municipal Trade Office of the City Hall of Černošice, Podskalská 19, 120  00 Praha 2, pod  č.j. OOZU/10564/2023/Vzl/3            

Contact information:

• email: barbora@barboracervenkova.cz
• telefon: +420 608 981 756
• datová schránka PFO: q9zxj6r
• www: www.charmingwhitechoice.cz

(from now on, referred to as "seller")

2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer or within the framework of his business activity (from now on referred to as the "buyer") through a web interface located on a website available at the internet address www .charminwhitechoice.cz. (from now on, the "online store").

3. The terms and conditions are integral to the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in Czech.

II.Information about goods and prices

1. Information about the goods, including the prices of the individual goods and their main features, is given for the particular goods in the online store's catalogue. The prices of the goods are listed, including value-added tax, all related fees and costs for returning the goods if the usual postal route cannot return them by their nature. Product prices remain valid when they are displayed in the online store. This provision does not exclude negotiating a purchase contract under individually agreed conditions.

2. The presentation of goods in the online store's catalogue is informative, and the seller is not obliged to conclude a purchase contract regarding these goods.

3. Information on the costs associated with packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts from the purchase price of the goods cannot be combined unless the seller and the buyer agree otherwise.

III.Order and conclusion of the purchase contract

1. The buyer pays the costs incurred when communicating at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls). These costs do not differ from the base rate.

2. The buyer orders the goods in the following ways:

• through your customer account, if you have previously registered in the online store,
• by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.

4. the buyer can check and change his entered data before sending the order. The buyer sends the order to the seller by clicking the Send order button. The seller deems the data listed in the order correct. The condition for the order's validity is filling in all mandatory data in the order form and confirming to the buyer that he has become familiar with these terms and conditions.

5. Po obdržení objednávky zašle prodávající kupujícímu potvrzení o obdržení objednávky na emailovou adresu, kterou kupující při objednání zadal. Toto potvrzení je automatické a nepovažuje se za uzavření smlouvy. Přílohou potvrzení jsou aktuální obchodní podmínky prodávajícího. Kupní smlouva je uzavřena až po potvrzení objednávky prodávajícím. Oznámení o přijetí objednávky je doručeno na emailovou adresu kupujícího.

6. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt to the email address that the buyer entered when placing the order. This confirmation is automatic and does not constitute a contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is only concluded after the seller confirms the order. Notification of order acceptance is delivered to the buyer's email address.

7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.

8. If there was an apparent technical error on the part of the seller when indicating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

VI.Customer's account

1. After registering in the online store, the buyer can access his customer account and order goods from it. The buyer can also order goods without registration.

2. When registering for a customer account and ordering goods, the buyer must enter all data correctly and truthfully. The buyer must update the data specified in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

3. A username and password secure access to the customer account. The buyer must maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not authorized to allow the use of the customer account by third parties.

5. The seller can cancel the user account, especially if the buyer no longer uses it or violates his obligations under the purchase contract or these terms and conditions.

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 equipment or third-party hardware and software equipment.

V. Payment terms and delivery of goods

1. According to the purchase contract, the buyer can pay the price of the goods and any costs associated with their delivery in the ways indicated in step 2 of the order: by credit card, bank transfer, QR code, Apple Pay, or Google Pay.

2. With the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

3. For cash payments, the purchase price is payable upon receipt of the goods. For non-cash payments, the purchase price is payable according to the date indicated on the relevant document (advance invoice, invoice, payment request).

4. When making a payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

6. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.

7. According to the Consumer Protection Act, the seller is obliged to issue a receipt to the buyer.

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order;
• through the delivery office to the delivery address specified by the buyer;
• by personal collection at the seller's premises.

9. The choice of delivery method is made when ordering goods.

10. The costs of delivering the goods, depending on the method of sending and receiving the goods, are indicated in the buyer's order and in the seller's confirmation of the order. If the mode of transport is contracted based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

11. If, according to the purchase contract, 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, for reasons on the buyer's part, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer must pay the costs associated with repeated delivery of the goods or costs associated with another delivery method.

12. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging and notify the transporter immediately if there are any defects. If a packaging violation indicates an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

13. The seller issues a tax document - an invoice - to the buyer. The tax receipt is sent to the buyer's email address.

14. The buyer acquires the ownership right to the goods by paying the full purchase price, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or when the buyer had an obligation to accept the goods but did not do so in violation of the purchase contract.

VI. Withdrawal from the contract

1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the agreement.

2. The deadline for withdrawing from the contract is 14 days

• from the day of receipt of the goods,
• from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,
• from the date of acceptance of the first delivery of goods if the subject of the contract is regular repeated delivery of goods.

3. The buyer cannot, among other things, withdraw from the purchase contract:

• Provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case, he does not have the right to withdraw from the contract,
• on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
• about the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
• on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
• delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• delivery of goods in closed packaging, which the buyer has removed from the packaging and for reasons of hygiene, it is not possible to return it,
• the delivery of an audio or video recording or a computer program if it has violated its original packaging,
• delivery of newspapers, periodicals or magazines,
• delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case, he does not have the right to withdraw from the contract,
• in other instances specified in § 1837 of the Civil Code.

4. Within the withdrawal period, the buyer must send a withdrawal statement to comply with the withdrawal period.

5. Within the withdrawal period, the buyer must send a withdrawal statement to comply with the withdrawal period.

6. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.

7. If the buyer withdraws from the contract, the seller will return to him without delay, but no later than 14 days from the withdrawal, all funds, including delivery costs, that he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if this does not incur additional costs.

8. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund the delivery cost to the buyer in the amount corresponding to the most affordable method of delivery of the goods offered.

9. 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 or proves that he has sent the goods to the seller.

10.  The buyer must return the goods to the seller undamaged, unworn, unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or importation. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, that he received from him based on the contract, in the same way, or in a way specified by the buyer.

VII.Rights from defective performance

1. The seller is responsible to the buyer for ensuring that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

• the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected about the nature of the goods and based on the advertising carried out by them,
• the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
• the quality or design of the goods corresponds 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 comply with the requirements of legal regulations.

2. The seller has obligations from defective performance, at least to the extent that the manufacturer's obligations from defective performance last. The buyer is otherwise entitled to exercise the right from a defect in the consumer goods within twenty-four months of receipt.

3. Suppose the period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising by other legal regulations. In that case, the provisions on the quality guarantee shall apply. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their typical properties for a specific time. If the buyer justifiably accuses the seller of a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the period during which the buyer cannot use the faulty goods.

4. The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of acceptance by the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer if he knew before receiving the goods that the goods had a defect or if the buyer himself caused the defect.

5. In the event of a defect, the buyer can submit a claim to the seller and demand:

• exchange for new goods,
• repair of goods,
• a reasonable discount from the purchase price,
• withdraw from the contract.

6. The buyer has the right to withdraw from the contract:

• if the goods have a substantial defect,
• if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in the event of a more significant number of product defects.

7. A material breach of contract is one which the breaching party already knew or had to know when concluding the agreement that the other party would not have ended the contract if it had foreseen this breach.

8. In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the defect's removal or a reasonable discount from the purchase price.

9. If a removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a greater number of defects (generally at least three defects at the same time), the buyer has the right to apply for a discount on the purchase price, exchange the goods, or withdraw from the contract.

10. When making a complaint, the buyer must tell the seller which right he has chosen. A change of choice without the seller's consent is possible only if the buyer requests the repair of an irreparable defect. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.

11. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract.

12. If the seller proves that the buyer knew about the defect in the goods before taking over or causing it, the seller is not obliged to satisfy the buyer's claim.

13. The buyer cannot claim discounted goods for the reason for which the goods are discounted.

14. The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what the content of the claim is and what method of handling the claim the buyer requests, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification rejection of the complaint.

15. In complex cases, The seller or an employee authorized by him will decide on the complaint immediately within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of application of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment of application of the complaint is deemed to be when the buyer's will (exercise of the right from defective performance) is expressed to the seller.

16. The seller informs the buyer in writing about the outcome of the complaint.

17. The buyer's right of defective performance does not belong to him if he knew before taking over the item that it had a defect or if he himself caused the defect.

18. In the event of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the complaint's application. The buyer can exercise this right with the seller within one month after the expiry of the warranty period; otherwise, the court may not recognize it.

19. The choice of complaint method is up to the buyer.

20. The rights and obligations of the contracting parties regarding rights from defective performance are governed by 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.

21. The seller's complaints procedure governs the parties' further rights and obligations related to the seller's responsibility for defects.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

IX. Personal data

1. All information you provide during our cooperation is confidential, and we will treat it as such. Suppose you do not give us written permission to do so. In that case, we will not use your data other than to fulfil the contract, except the email address to which commercial messages can be sent to you, as this procedure is permitted by law unless you refuse it. These messages can only concern similar or related goods. They can be unsubscribed at any time simply (by sending a letter, email or clicking on a link in a commercial message). The email address will be kept for 3 years from the conclusion of the last contract between the contracting parties.

2. More detailed information on personal data protection can be found in the Personal Data Protection Terms.

X.Out-of-court settlement of disputes

1. The Czech Trade Inspection is responsible for resolving consumer disputes arising from the purchase contract out-of-court. Its registered office is at Štěpánská 567/15, 120 00 Prague 2, ID number 000 20 869, and internet address https://adr.coi.cz/cs. 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 regarding the purchase contract.

2. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of online consumer disputes).

3. The seller can sell goods based on a trade license. The relevant trade office within its jurisdiction carries out the trade inspection. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope. 

XI. Závěrečná ustanovení

1. The legal order of the Czech Republic governs all arrangements between the seller and the buyer. If the relationship established by the purchase contract contains an international element, then the parties agree that the law of the Czech Republic governs the relationship. This does not affect consumer rights arising from generally binding legal regulations.

2. About the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

3. All rights to the Seller's website, particularly copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the seller's consent.

4. The seller is not responsible for errors arising from interventions by third parties in the online store or because of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could hurt its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.

5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

6. The seller archives the purchase contract, including the terms and conditions, in electronic form, which is inaccessible.

7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity period of the previous version of the terms and conditions.

8. A sample form for withdrawing from the contract is attached to the terms and conditions.

 

These terms and conditions take effect on 3 September 2023.