General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Sb, the Civil Code (hereinafter referred to as the “Civil Code”)
Mattydale Enterprises s.r.o.
IČO (Company Identification Number): 03458164
DIČ (Tax Identification Number): CZ03458164
with registered office: Platnéřská 90/13, 110 00, Praha 1
registered at the Municipal Court in Prague
phone: +420 602 323 300
(hereinafter referred to as the “Seller”)
These terms and conditions govern the mutual rights and obligations of the Seller and the natural person who enters into a purchase contract/sales contract outside of his business as a consumer or in the course of his business (hereinafter referred to as the “Buyer”) through the web interface located on the website www.holicstvisvoboda.cz (hereinafter referred to as the “Internet Shop”).
The provisions of the Terms and Conditions are an integral part of the purchase agreement. Derogating provisions in the purchase agreement take precedence over the provisions of these Terms and Conditions.
These Terms and Conditions and the purchase agreement are concluded in the Czech language.
Information on Goods and Prices
Information on goods, including the price of individual products and their main features, are specified in the Internet Shop’s catalogue. Prices are listed including VAT, all related fees, and the cost of returning goods if these goods, by their nature, cannot be returned by standard post. Product prices remain valid for as long as they are displayed in the Internet Shop. This provision does not preclude negotiation of a purchase agreement under individually negotiated terms and conditions.
The entire presentation of products placed in the Internet Shop’s catalogue is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these products.
The internet shop publishes information on the costs of packaging and delivery of goods. Information on the costs of packaging and delivery of goods listed in the Internet Shop is valid only in cases when the goods are delivered within the territory of the Czech Republic.
Any discounts on the price of goods cannot be mutually combined, unless the Seller and the Buyer agree otherwise.
Ordering and the Conclusion of a Purchase Agreement
Costs incurred by the Buyer when using remote means of communication in connection with entering into a purchase agreement (e.g. costs of internet connection, costs of telephone calls) are borne by the Buyer himself. Such costs do not differ from the basic rate.
The Buyer orders the goods as follows:
by filling in the order form without registration.
When placing an order, the Buyer selects goods, the number of items, and the manner of payment and delivery.
Prior to sending the Order to the Seller, the Buyer is allowed to check and modify the data entered in the Order. The Buyer sends the order by clicking the button “Order” (Objednat). The Seller considers the data stated in the Order to be correct. The order is valid if all required data in the order form is filled in and the Buyer has confirmed that he has become acquainted with these Terms and Conditions.
After receiving the order, the Seller shall forthwith confirm the receipt of the order via electronic mail sent to the address stated by the Buyer. This confirmation is automatic and is not regarded as the concluded purchase agreement. Current Terms and Conditions of the Seller are attached to this confirmation. The agreement is concluded only after the order has been received by the Seller. Immediately upon receipt of the order, the Seller sends confirmation of the order to the email address the Buyer has entered upon ordering. This confirmation is regarded as a concluded purchase agreement. Current Terms and Conditions of the Seller are attached to this confirmation. The purchase agreement is concluded by sending the order.
If any of the requirements specified in the order cannot be met by the Seller, the Seller shall send a modified offer to the Buyer´s email address. The modified offer is considered a new draft of the Purchase Agreement and the Purchase Agreement is then concluded only upon acceptance of the offer by the Buyer to the Seller´s email address specified in these Terms and Conditions.
All orders accepted by the Seller are binding. The Buyer may cancel the order until the he receives a notice of the order´s receipt from the Seller. The Buyer may cancel the order by phone on the Seller’s phone number or at the email address specified in these Terms and Conditions.
In the event of an obvious technical error on the part of the Seller when placing the price of the goods in the Internet Shop or during the ordering, the Seller is not obliged to deliver the goods to the buyer at such a manifestly erroneous price, even if the Buyer has received an automatic receipt of the order according to these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and will send the Buyer a modified offer to his email address. The revised offer is considered a new draft of the Purchase Agreement, and the Purchase Agreement is then concluded only upon acceptance by the Buyer at the Seller’s email address.
Payment Terms and Goods Delivery
The Buyer can pay the Seller for the price of the goods and the costs connected with the delivery of the goods pursuant to the Purchase Contract as follows:
- Payment through credit transfer to the Seller’s bank account No. 3581728369/0800, maintained by Česká spořitelna.
- Payment by credit / debit card.
- Payment by wire transfer to the Seller’s bank account through a secure internet payment gateway.
- Payment in cash upon delivery of the goods.
- Payment in cash or by credit / debit card upon personal collection at the Seller’s premises.
Together with the purchase price, the Buyer is required to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, it is understood that the purchase price includes the costs associated with the delivery of the goods.
In cases of cash payments, the purchase price is payable upon receipt of the goods. In cases of non-cash payments, the purchase price is payable within 7 days of the conclusion of the purchase contract.
In cases of non-cash payments, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
The Seller does not require any cash advance or other similar payment from the Buyer. Payment of the purchase price before shipment of goods is not a cash advance.
Under the Registration of Sales Act, the Seller is required to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue online with the Financial Authority, or in the event of a technical outage, within 48 hours at the latest.
The goods are delivered to the Buyer:
- to the address specified by the Buyer in the order,
- by personal collection at the Seller’s premises.
The delivery method is chosen when ordering goods.
The cost of delivery of goods, depending on the method of dispatch and receipt of the goods, is stated in the Buyer’s order and in the Seller´s order confirmation. If the mode of transport is agreed upon at a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
If the Seller is obliged to deliver the goods to a place specified by the Buyer in the order, according to the purchase contract, the Buyer is obliged to take over the goods upon delivery. If, for reasons on the Buyer´s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respective of costs associated with another delivery method.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, the Buyer is not required to take the delivery from the carrier.
The Seller shall issue a tax document – an invoice – to the Buyer. The tax document is sent to the Buyer’s email address. / The tax document is attached to the delivered goods.
The Buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, upon receiving the goods. Responsibility for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of acquisition of the goods or when the Buyer was obliged to take over the goods but did not do so in conflict with the purchase contract.
Withdrawal from the Contract
A Buyer who has concluded a purchase contract outside his / her business activity as a consumer has the right to withdraw from the sales contract.
The withdrawal period is 14 days:
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, if the subject of the contract is several kinds of goods or involves the delivery of several parts,
- from the date of acquisition of the first supply of goods, if the subject of the contract is a regularly repeated supply of goods.
The Buyer may not withdraw from the contract:
- in cases involving the provision of services, if such services were fulfilled with the Buyer´s explicit consent before the withdrawal period expired, and the Seller had informed the Buyer, before concluding the contract, that in this case he has no right to withdraw from the contract,
- in cases involving the delivery of goods or services, if the price of which depends on financial market deviations independent of the Seller’s will, and which occur during the withdrawal period,
- in cases involving the delivery of alcoholic beverages, which can be delivered only after thirty days and the price of which depends on financial market deviations independent of the Seller’s will,
- if the delivered goods are customized at the request of the Buyer or for the Buyer,
- if the delivered goods are subject to rapid deterioration, as well as goods which have been irreversibly mixed with other goods upon delivery,
- if the delivered goods have been removed from sealed packaging by the Buyer and cannot be returned for hygienic reasons,
- in cases involving the delivery of audio or video recordings or computer software, if their original packaging has been damaged,
- in cases involving the delivery of newspapers, periodicals or magazines,
- in cases involving the delivery of digital content, unless the content is supplied on a tangible medium that has been delivered at the express consent of the Buyer prior to the expiration of the withdrawal period and provided that the Seller informed the Buyer prior to conclusion of the Purchase Contract that the Buyer shall not be entitled to withdraw from the Purchase Contract in such cases,
- in other cases, as stated in Section 1837 of the Civil Code.
To comply with the withdrawal period, the Buyer must submit a withdrawal notice within the withdrawal period.
In order to withdraw from the purchase contract, the Buyer may use a template withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase contract to the Seller’s email address or mailing address specified in these Terms and Conditions. The Seller shall send a confirmation of receiving the form without undue delay.
The Buyer, who has withdrawn from the contract, is obliged to return the goods to the Seller within 14 days of the withdrawal from the contract. The Buyer bears the costs associated with the return of the goods to the Seller, including cases in which the goods cannot be returned, by reason of their nature, by standard post.
If the Buyer withdraws from the contract, the Seller shall return all funds received from the Buyer, including the delivery costs, in the same manner and without delay, but no later than within 14 days of the withdrawal from the purchase contract. The Seller shall return the funds to the Buyer in a different way only if the Buyer agrees and without incurring additional costs to the Buyer.
If the Buyer selected a different delivery option than the cheapest offered by the Seller, the Seller shall return the Buyer the cost of delivering the goods corresponding to this cheapest delivery option.
If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds before receiving the returned goods from the Buyer or before the Buyer provides proof that the goods have been sent back to the Seller.
The Buyer must return the goods to the Seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the Buyer’s claim for repayment of the purchase price.
The Seller is entitled to withdraw from the purchase contract if the goods are sold-out or unavailable, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address given in the order and within 14 days of the notice of withdrawal of the Purchase Contract return all funds, including delivery costs, received by him under the Contract, in the same manner or in the way specified by the Buyer.
Rights due to Defective Performance
The Seller shall be liable to the Buyer for the goods not to be defective upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer receives the goods:
- the goods have the properties agreed upon between the parties, and if there is no such agreement, the goods have the properties described by the Seller or the manufacturer, or those expected by the Buyer with regard to the nature of the goods and the advertising made concerning them,
- the goods are suitable for the purpose for which the Seller indicates or for which the goods of this type are usually used,
- the quality of workmanship of the goods corresponds to the agreed sample or model if the quality of workmanship was set according to an agreed sample or model,
- the goods are delivered in the corresponding quantity, degree or weight,
- the goods comply with the legal requirements.
If a defect occurs within six months of receipt of the goods by the Buyer, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to claim his rights due to a defect that occurs on consumer goods within twenty-four months of receipt. This provision shall not apply to goods for which a lower price has been agreed due to a defect, for the wear and tear of goods caused by its normal use, for used goods with a defect corresponding to the degree of wear and tear the goods had at the time of receipt by the Buyer, or from the nature of the goods.
In the event of a defect, the Buyer may submit a claim to the Seller requesting:
- replacement with new goods,
- repair of the goods,
- a reasonable discount on the purchase price,
- withdrawal from the contract.
The Buyer has the right to withdraw from the contract:
- if the goods have a material defect,
- if the item cannot be properly used due to recurring defects or defects after repair for a greater number of defects.
The Seller is obliged to accept a claim at any premises where it can be accepted, at the registered office, or place of business. The Seller is required to provide the Buyer with a written confirmation when the Buyer exercises his right to claim, the subject of the claim, and the way the Buyer requests the claim be processed, as well as a confirmation of the date and way the claim is processed, including the confirmation of any repair and its duration, or a written justification for rejecting the claim.
The Seller or his authorized representative shall decide the claim immediately, or in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without delay, no later than 30 days from the date of the claim’s submission, unless the Seller and the Buyer agree on a longer period. The expiration of this period is considered a material breach of contract and the Buyer is entitled to withdraw from the purchase contract. The moment the claim is made is the moment the Buyer’s will (application of the rights due to defective performance) is received by the Seller.
The Seller shall inform the Buyer in writing of the outcome of the claim.
The right of defective performance is not applicable if the Buyer knew before receipt of the goods that the goods were defective, or if the Buyer caused the defect himself.
In cases of a legitimate claim, the Buyer has the right to receive reimbursement of the expenses incurred in connection with the claim. This right may be exercised by the Buyer from the Seller within one month after the expiration of the warranty period.
The Buyer has a choice of the form of claim.
The rights and obligations of the contractual parties regarding the rights due to defective performance are governed by the § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and by Act No. 634/1992 Sb., on Consumer Protection.
The Contracting Parties may deliver all correspondence in writing by electronic mail.
The Buyer delivers correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller sends the correspondence to the Buyer at the email address listed in his customer account or in the order.
Out-of-court Dispute Resolution
The out-of-court settlement of consumer disputes under the Purchase Contract is the responsibility of The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes arising from the purchase contract between the Seller and the Buyer.
The European Consumer Centre for the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on – line).
The Seller is authorized to sell the goods on the basis of a trade license. The trade license inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority exercises, inter alia, the supervision of the observance of the Consumer Protection Act No. 634/1992 Sb.
All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If a relationship based on a Purchase contract contains an international element, then the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect the consumer’s rights under generally binding legal regulations.
The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of § 1826 (1) e) of the Civil Code.
All rights to the Seller’s website, in particular copyrights to the content, including page layouts, 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 any part thereof without the Seller’s consent.
The Seller is not responsible for any errors resulting from third-party intervention in the Internet shop or as a result of its use contrary to its intended purpose. Buyers may not use procedures that may adversely affect their operation and may not engage in any activity that could allow them or third parties to tamper with or improperly use software or other components that make up the Internet shop and use the Internet shop or its parts or software in a way that is inconsistent with its purpose.
The Buyer hereby takes on the risk of changing circumstances in accordance with §1765 (2) of the Civil Code.
The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The Seller may change or add the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
A template for withdrawal from the purchase contract is attached to the Terms and Conditions.
These Terms and Conditions become effective on September 1, 2018.