1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter the "Terms and Conditions") of naiyá candles represented by Lukáš Bartoň, ID 88801357, based in Petrske namesti 1664/5, 110 00 Praha 1, Czech Republic (hereinafter the "Seller") govern in accordance with § 1751 Sec. 1 of Statute No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or under a purchase agreement (hereinafter the "Purchase agreement") concluded between the Seller and any other natural person (hereinafter the "Buyer") through the e-shop of the Seller. The e-shop is operated by the Seller on the website placed on the internet at www.naiyacandles.com (hereinafter the "Website"), through the website interface (hereinafter the "Web-based interface").
1.2. These Terms and Conditions do not apply to cases where a person who intends to buy goods from the Seller is a legal entity or a person who is ordering goods within his or her business or within his or her independent occupation.
1.3. Provisions differing from these Terms and Conditions can be negotiated in a Purchase agreement. Differing provisions in such Purchase agreement shall prevail over the terms of these Terms and Conditions.
1.4. Provisions of the Terms and Conditions are an integral part of the Purchase agreement mentioned above. The Purchase agreement and the Terms and Conditions are written in English language. The Purchase agreement can be concluded in English language.
1.5. The Terms and Conditions may be amended and/or changed by the Seller. This provision shall not affect the rights and obligations rised within the effective period of the previous version of the Terms and Conditions.
2. ENTERING INTO A PURCHASE AGREEMENT
2.1. All goods presentation on the Web-based interface is for informational purposes only and the Seller is not obliged to conclude a Purchase agreement regarding any goods. The provisions of § 1732 Sec. 2 of the Civil Code does not apply.
2.2. The Web-based interface provides information about goods, including the prices of individual goods. Goods prices are inclusive of VAT and all related charges. Prices of goods remain in effect as long as they are displayed on the Web-based interface. This provision does not limit an option of the Seller to conclude a Purchase agreement with individually negotiated terms.
2.3. The Web-based interface also includes information about the costs of packaging and delivery.
2.4. To order goods, the Buyer shall fill an order form on the Web-based interface. The order form contains particularly information about:
2.4.1. The ordered goods (ordered goods "inserts" the Buyer into an electronic shopping cart of the Web-based interface)
2.4.2. The method of payment of the purchase price, details of the required method of delivery of the ordered goods
2.4.3. Information about the costs associated with the delivery of the goods (hereinafter collectively "Order").
2.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify data which were filled in by the Buyer, also in order to avoid any mistakes during filling in by the Buyer. The Buyer sends the Order by clicking on "PAY NOW". The data filled into the Order are deemed to be correct.
2.6. Submitting an Order by the Buyer is deemed as such act of the Buyer by which the Buyer unequivocally identifies the ordered goods, purchase price, Buyer’s person, the method of payment of the purchase price, and is mutually binding Purchase agreement proposal. The condition of the Order is filling of all mandatory data in the order form, becoming familiar with these Terms and Conditions on the Website and confirmation of the Buyer that he or she agrees with these Terms and Conditions.
2.7. The Seller will confirm receipt of the Order, immediately upon receipt of the Order, to the Buyer by e-mail to his or her electronic mail address provided in his or her User interface or in the Order (hereinafter "electronic address of the Buyer").
2.8. The Seller shall be always entitled to, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs) to ask the Buyer for an additional confirmation of the Order (such as in writing or by telephone).
2.9. The Purchase agreement proposal in the form of the Order is valid for 15 days.
2.10. The contractual relationship between the Seller and the Buyer arises at the delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer via e-mail to the electronic mail address of the Buyer.
2.11. In the event that any of the requirements listed in the Order cannot by fulfilled by the Seller, the Seller shall send to the Buyer’s email address an amended offer, indicating the possible variants of new amended Order and request the opinion of the Buyer.
2.12. The amended offer is considered as a new offer of the Purchase agreement and the new Purchase agreement is concluded by the acceptance by the Buyer via e-mail.
2.13. The Buyer agrees with the use of distance communication means in concluding of the Purchase agreement. Costs incurred by the Buyer when using means of distance communication in connection with the closing of the Purchase agreement (cost of internet access, telephone costs) are borne by the Buyer, these costs do not differ from the standard rate.
3. PRICE AND PAYMENT TERMS
3.1. The Buyer may pay the price of the goods, and any costs associated with the delivery of the goods, according to the Purchase agreement, to the Seller in following ways:
3.1.1. Cash on delivery at location specified by buyer in order, considering this option is available due to combination of delivery method and country of delivery chosen in Web-based interface.
3.1.2. Cashless payment by a payment card or a credit card
3.2. The Buyer is obliged to pay to the Seller, along with the purchase price of the goods, also the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.
3.3. The Seller does not require the Buyer to pay a deposit or other similar payments. This is without prejudice to the provisions of the Article 3.6. of these Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In case of payment by cash the purchase price is payable upon the receipt of the goods. In the case of cashless payment the purchase price is due within 5 days of the entering into the Purchase agreement.
3.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods with using of the variable symbol of payment (order number) or enter the Buyer’s name into the message for the receiver. In the case of cashless payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment when appropriate amount is delivered to the Seller's account.
3.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Art. 2.8), to require the payment of the full purchase price before sending the goods to the Buyer. The provisions of § 2119 Sec. 1 of the Civil Code does not apply.
3.7. If it is customary in trade relations, or if so stated by generally binding legal regulations, the Seller shall provide the Buyer a tax document (invoice). The Seller is a payer of value added tax. The tax document (invoice) is issued by the Seller to the Buyer after the payment of the purchase price of the goods and the Seller shall send it electronically to the email address of the Buyer.
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1. The Buyer acknowledges that pursuant to § 1837 of the Civil Code, among other cases, he or she cannot withdraw from the Purchase agreement which concerns:
4.1.1. The supply of goods which has been modified as desired by the Buyer or for him or her as a natural person
4.1.2. The supply of goods subject to rapid deterioration (as such goods shall be treated all food items at this Web-based interface), as well as goods which had been irretrievably mixed with other goods after delivery,
4.1.3. The supply of sealed goods which were unsealed by the Buyer and are not possible to return for hygienic reasons,
4.1.4. The supply of digital content, if not supplied on a tangible medium and was supplied with the prior express consent of the Buyer before the deadline for withdrawal and the Seller, before the conclusion of the Purchase agreement, informed the Buyer that in such a case the Buyer is not entitled to withdraw from the Purchase agreement.
4.2. If this is not the case mentioned in Art. 4.1.,or other case where cannot be withdrawn from the Purchase agreement, the Buyer has, in accordance with § 1829 Sec. 1 of the Civil Code, the right to withdraw from the Purchase agreement within fourteen (14) days from receipt of the goods. In a case where the Purchase agreement includes several kinds of goods or supply of several parts, the mentioned period starts from the date of receipt of the last delivery of the goods. The Seller must send the withdrawal from the Purchase agreement to the Buyer within the period specified above in this Article.
4.3. For withdrawing from the Purchase agreement, the Buyer must write email including: Seller’s name and address, subject and reason of return. The Buyer must send the withdrawal from the Purchase agreement to the email address of the Seller mentioned at the beginning of these Terms and Conditions. Delivery of the withdrawal from the Purchase agreement is subject to the provisions of Article 9 of these Terms and Conditions.
4.4. In case of the withdrawal from the Purchase agreement pursuant to Art. 4.2. of these Terms and Conditions, the Purchase agreement shall be terminated from the beginning (ex tunc). Goods must be returned to the Seller within fourteen (14) days from the withdrawal. If the Buyer withdraws from the Purchase agreement, the Buyer bears the cost of returning the goods to the Seller, even in the case where the goods cannot be returned because of their nature via usual postal route.
4.5. In case of withdrawal pursuant to Art. 4.2. of these Terms and Conditions the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase agreement by the Buyer in the same way that the Seller had received the funds from the Buyer. The Seller is also entitled to return performance by the Buyer at the time of returning goods by the Buyer or in another way, in case the Buyer will agree and additional costs to the Buyer will not be created. If the Buyer withdraws from the Purchase agreement, the Seller is not obligated to return the funds received to the Buyer before the Buyer returns the goods or prove that he or she has sent the goods to the Seller.
4.6. The Seller is entitled to unilaterally set off the claims for damages caused to the goods against the Buyer’s claim for refund of the purchase price.
4.7. During pending of the receipt of the goods by the Buyer, the Seller may withdraw from the Purchase agreement at any time. In this case, the Seller shall return the purchase price to the Buyer without undue delay using a bank transfer to an account designated by the Buyer.
4.8. When a gift is given together with the goods to the Buyer, the gift agreement between the Seller and the Buyer is concluded with a condition that if the withdrawal from the Purchase agreement by the Buyer occurs, the gift agreement shall be terminated from the beginning (ex tunc) and the Buyer is obliged to return the goods as well as the gift to the Seller.
5. DELIVERY OF PRODUCTS
5.1. In the event that the mode of transport is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this form of transport.
5.2. If the Seller is under the Purchase agreement obliged to deliver the goods to the place designated by the Buyer in the Order, the Buyer is obliged to accept the goods on delivery.
5.3. In the event that there are reasons for which the goods need to be delivered repeatedly because of the Buyer, or in any other way than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively the costs associated with other delivery method.
5.4. When taking goods from the carrier, the Buyer is obliged to check the integrity of the package and in case of any defects to immediately notify the carrier. In the event of a breach of the package indicative of intrusion into the consignment, the Buyer does not have to take the package from the carrier.
6. RIGHTS IN CASE OF DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 of the Civil Code).
6.2. The Seller is obliged that the goods on delivery have no defects. In particular, the Seller is obliged to the Buyer that at the time when the Buyer received the goods:
6.2.1. The goods has properties that the parties negotiated, and in case of absence of such negotiated agreement, the goods has the properties that the Seller or manufacturer has described, or which the Buyer expected given the nature of the goods and on the basis of advertising carried out by them,
6.2.2. The goods are fit for the purpose which the Seller describes for their use or to which the goods of this type are normally used,
6.2.3. The goods correspond to the quality or to the performing the agreed sample or template, if the quality or performance of the agreed sample or template determined in accordance with the agreed sample or template,
6.2.4. The goods in the right quantity, measure or weight and
6.2.5. The goods comply with requirements of the legislation.
6.3. The provisions referred to in the Article 6.2.of these Terms and Conditions do not apply to goods sold at a lower price, to the defects for which the lower price was negotiated, to wear and tear caused by their common use, in case of used goods to the defects caused by use or wear and tear which the goods had at receipt by the Buyer, or if it results from the nature of goods.
6.4. In case there is a defect within six months of receipt, it shall be deemed that the goods were defective at the time of the receipt.
6.5. The Buyer exercises the rights from defective performance by the Seller at Seller’s premises, in which it is possible, taking into account the assortment of the goods sold. The moment when the claim is brought shall be the moment when the Seller receives claimed goods from the Buyer.
6.6. Other rights and obligations of the parties relating to the liability of the Seller for defects can be modified by the Complaints procedure document of the Seller.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Buyer acquires the ownership of the goods by paying the full purchase price of the goods.
7.2. The Seller is not in relation to the Buyer bound by codes of conduct within the meaning of § 1826 par. 1 point. e) of the Civil Code.
7.3. The Seller handles complaints of consumers via e-mail address email@example.com. The Seller sends the information about the decision about the complaint to Buyer’s email address.
7.4. The Seller is entitled to sell goods by the Trade License. Trade control is carried out within the scope of their respective Trade Office. Supervision of privacy rights is exercised by the Office for Personal Data Protection. Czech Trade Inspection performs within the specified range, inter alia, supervising compliance with the Act no. 634/1992 Coll., on Consumer Protection, as amended.
7.5. Buyer hereby acknowledges that he or she takes the risk of changing circumstances within the meaning of § 1765 Sec. 2 of the Civil Code.
8. SENDING OF COMERCIAL INFORMATION AND COOKIES
8.1. The Buyer agrees with sending of information related to goods, services or enterprise of Seller to electronic address of buyer and further agrees with sending of marketing announcement to Buyer’s electronic address. Seller fulfills his duty towards buyer in the sense of article 13 directive GDPR connected to processing of personal details of Buyer for the purpose of sending marketing announcements in special document.
8.2. The Buyer agrees with saving so called cookies on his or her computer. In the event that the purchase on the Website can be made (and obligations of the Seller to perform the Purchase agreement of sale would be possible) without saving cookies on Buyer’s computer, the Buyer may withdraw the consent under the preceding sentence at any time.
9.1. Notice concerning the relations of the Seller and the Buyer, especially regarding withdrawal from the Purchase agreement, must be received by mail by registered letter, unless the Purchase agreement states otherwise. Notifications shall be delivered to the appropriate contact address of the other party and shall be deemed received and effective upon their delivery through the mail, with the exception of the notification of withdrawal made by the Buyer when the withdrawal is effective when the Buyer’s notification is send within the deadline for withdrawal.
9.2. Any notice or communication shall be deemed to be delivered even if the Buyer has refused to take it over or if it was not picked up in storage time, or which was returned as undeliverable.
9.3. The parties may mutually deliver regular correspondence by e-mail, at the e-mail address specified by the Buyer in the User account of the Buyer or which the Buyer specified in the Order, respectively to the address listed on the Website of the Seller.
10. FINAL PROVISIONS
10.1. If the relationship constituted from the Purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
10.2. If any provision of the Terms and Conditions is invalid or ineffective, or such happens, instead of the invalid provision a valid provision, which meaning is as close as possible to the invalid provision, replaces the invalid provision. The invalidity or unenforceability of one provision does not cause the invalidity of other provisions. Amendments and supplements of the Purchase agreement or the Terms and Conditions shall be in writing.
10.3. The Purchase agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
10.4. Contact details of the Seller: address Petrske namesti 1664/5, 110 00 Praha 1; e-mail firstname.lastname@example.org; phone +420 725 672 090
10.5. These terms and conditions and their parts are valid and effective from 1.12.2020 and they invalidate any previous versions including their parts, while being at disposal at the website of seller.