Terms and Conditions

General Terms and Conditions

(hereinafter referred to as "GTC")

Content:

  1. Introduction
  2. Contract
  3. Complaints Procedure
  4. Consumer information
  5. Final Provisions

1. INTRODUCTION

1.1. GTC

The company BENLEMI sro, ID number 07751711, with its registered office at Sadová 121/4, Předměstí, 746 01 Opava, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 77030 (hereinafter referred to as the “Seller”), is a legal entity engaged in production, sales and distribution of furniture, lighting, household decorations and related accessories (hereinafter referred to as "Goods") and is also the operator of an online store, operated on the websites www.benlemi.cz, www.benlemi.sk, www.benlemi.com, www.benlemi.ro (hereinafter referred to as the "E-shop").

These GTC regulate the legal relations between the Consumer or Entrepreneur (hereinafter collectively referred to as the “Buyer”) and the Seller established by the purchase contract, the subject of which is the sale of the Goods (hereinafter referred to as the “Contract”). 

1.2. Other legislation

Deviating provisions in the Contract take precedence over the wording of the GTC.

Legal relations between the Seller and the Buyer not expressly regulated by these GTC or the Contract are governed by the relevant legal regulations of the Czech Republic, especially the provisions of the Civil Code, Consumer Protection Act, Personal Data Processing Act or GDPR, Act on certain information society services, Tax Act value added and related legislation.

1.3. Definitions and interpretations

The terms below have the following meanings in these GTC:

„Price“

 

 

means the purchase price of the Goods including value added tax;

„Price of Additional Services“

has the meaning given in Article 2;

„Additional services“

 

means the services provided by the Seller listed in the E-shop, in particular the priority processing of the Order, express delivery of the Goods, delivery of the Goods to the apartment, installation of the Goods, extended warranty;

„GDPR“

 

 

means Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC;

„Offer“

has the meaning given in Article 2.2 .;

„Costs“

 

 

means the costs associated with the packaging and delivery of the Goods to the Buyer;

„Civil Code“

means Act No. 89/2012 Coll., the Civil Code, as amended;

„Code of Civil Procedure“

means Act No. 99/1963 Coll., Code of Civil Procedure, as amended;

„Order“

has the meaning given in Article 2;

„Notification“

 

has the meaning given in Article 3.7;

„Businessman“

 

 

means a person who is not a Consumer, especially those persons who at the conclusion of the Contract, if its subject is related to their own business, production or similar activities of this person, and other dealings with the Seller, perform on their own account and responsibility or in a similar manner, with the intention of doing so systematically, or of a person who does so in the name or on behalf of such a person;

„Confirmation“

has the meaning given in Article 2.1;

„Seller“

 

 

means the company BENLEMI s.r.o., ID number 07751711, with its registered office at Sadová street 121/4, 746 01 Opava, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 77030;

„Working day“

means a day which does not fall on a Saturday or Sunday and is not a state recognized public holiday or another state recognized a day off in the Czech Republic;

„Business“

 

has the meaning given in Article 2.1.1. (ii);

„Returns“

 

has the meaning given in Article 3.7;

„Complaints Procedure“

 

means Article 3;

„Contract“

 

has the meaning given in Article 1.1;

„Contracting party“

 

means, depending on the context, the person of the Seller, the Applicant or the Buyer;

„Consumer“

 

 

means a natural person who, in concluding and performing the Contract and other negotiations with the Seller, acts outside the scope of his business activities or outside the scope of independent performance of his profession;

„Receipt“

 

has the meaning set forth in Article 2.1.3., is a confirmation of payment of the Price and Costs;

„User account“

has the meaning given in Article 2. (ii) .;

„GTC“

 

means these general terms and conditions;

„Call“

 

means the Candidate's invitation to the Seller to make an Offer;

„Interested“

 

means Consumers or Entrepreneurs who are interested in concluding a Contract;

„The Law on Value Added Tax“

 

 

means Act No. 235/2004 Coll., on Value Added Tax, as amended;

„Act on certain information services“

 

means Act No. 480/2008 Coll., on Certain Information Society Services and on Amendments to Certain Acts, as amended;

„Sales Registration Act“

 

means Act No. 112/2016 Coll., on the registration of sales, as amended;

„Personal Data Processing Act“

 

means Act No. 110/2019 Coll., on the processing of personal data, as amended;

„Consumer Protection Act“

 

 

means Act No. 634/1992 Coll., on Consumer Protection, as amended;

„Accounting Act“

means Act No. 563/1991 Coll., on Accounting, as amended;

„Warranty period“

 

a period of 36 months during which the Goods will have the usual characteristics and serve their purpose;

„Goods“

 

has the meaning set out in Article 1.1.

Depending on the context, the definitions contained above as well as any other singular terms include the plural and the masculine includes the feminine, and vice versa, and apply mutatis mutandis to the singular and plural.

 

2. CONTRACT

By concluding the contract, the seller undertakes to hand over the purchased goods to the buyer, to enable the buyer to acquire ownership of the goods and to provide the buyer with the required additional services. By concluding the contract, the buyer undertakes to take over the goods and pay the agreed price to the seller, provide the seller with appropriate cooperation to provide additional services and pay the seller the price of these services (hereinafter "additional services"), all in accordance with the wording of these GTC.

The contract is usually concluded on the basis of an order for goods and possibly additional services made by the interested party (hereinafter "order") and confirmation of the order by the seller, online through the e-shop or on the basis of an individual offer of the seller.

The Seller is entitled to require proof of identity and authorization to act on behalf of the Applicant from the Applicant or from the person who placed the Order, or other legal action of the Applicant towards the Seller, usually by submitting a power of attorney or an extract from the Commercial Register.

2.1. Conclusion of the Contract through the E-shop

The contract is concluded on the basis of an order for goods or additional services made by the applicant through the e-shop and confirmation of this order by the seller to the applicant's e-mail address specified in the order (hereinafter "confirmation") no later than 7 working days .

If the confirmation is delivered to the applicant's e-mail address after the specified period, the contract is concluded provided that the applicant without undue delay notifies the seller orally without delay that he considers the confirmation to be timely or begins to behave in accordance with the order.

The contract is concluded upon delivery of the confirmation in the manner specified in the previous paragraph. in addition to the above, the seller will immediately confirm the delivery of the order to the seller to the e-mail address of the interested party specified in the order. the confirmation of the delivery of the order is not a confirmation and no contract is concluded on its basis.

For the avoidance of doubt, the seller expressly stipulates that all offers for the sale of goods and the provision of additional services placed on the e-shop are informative and non-binding and the seller is not obliged to enter into a contract, respectively. send a confirmation of the required goods or additional services to the interested party.

On the other hand, the Seller is entitled to send the Candidate a Confirmation, which contains additions, restrictions, reservations, or other changes to the Order. If such Confirmation does not significantly change the conditions specified in the Order, the Contract with the content specified in the Confirmation shall be concluded, provided that the Applicant does not refuse the Confirmation or the conclusion of the Contract with this content without undue delay.

However, if the Confirmation changes the conditions specified in the Order in a material way, the Contract is concluded only at the moment of the Applicant's consent to the content of the Confirmation. This consent must be delivered to the Seller within the period specified in the Confirmation, and if the Confirmation does not contain this period, then within a reasonable period, but no later than 20 Business Days from the date of delivery of the Confirmation to the Applicant. If this consent is delivered to the Seller later, the Contract is concluded provided that the Seller without undue delay after delivery of the consent notifies the Applicant at least orally that it considers the consent to be timely or begins to behave in accordance with the Confirmation.

2.2. Order and Confirmation

The order can be placed (i) via the order form in the E-shop without registration or (ii) via a user account.

Until the moment of sending the Confirmation, the Candidate is entitled to change all data specified in the Order using the electronic address or telephone number specified in the Order, or in any other way enabling unambiguous identification of the Candidate, by sending a request to change or withdraw the Order addressed. to the contact details provided on the Seller's website.

In the event that the Applicant does not make this request in a form enabling accurate capture of the content, especially in writing (including e-mail), the Seller is entitled to require the Applicant to subsequently confirm it in this way.

2.3. Order form

The order form can be filled in the E-shop after selecting the required Goods without registration.

The order form contains in particular the identification and invoicing data of the Applicant, e-mail address and telephone number of the Applicant, specifications of the ordered Goods, information on the required method of payment of the Goods Price, method of delivery and place of delivery of the ordered Goods, information on the amount of Costs and possibly also information on the applied discount.

2.4. User account

The interested party is entitled to use the option to register on the e-shop and create a user account (hereinafter referred to as the "user account") to place an order.

The applicant registers by filling in the basic registration data, which are the applicant's email address and the password chosen by the applicant. The email address and password are later used to access the user account. The seller will send a confirmation of the completion of the registration and the creation of a user account to the interested party at the email address provided by the interested party.

After logging in to the user account, the applicant can fill in their telephone number and billing data, ie first name, surname, street, house number, city, postcode, country and place an order. the data filled in the user account become a part of each order and the data not specified in the user account must be added to the order before sending it, to the extent required by the e-shop to make the order.

The user account interface archives all personal data provided by the interested party, orders, invoices, or other documents related to orders, discounts provided to the interested party by the seller. If the interested party has evaluated the seller's goods in the e-shop interface or if he has participated in a discussion about the seller's goods, these evaluations and contributions in discussions are also archived.

For more information on the processing of this personal data, see the document Information on the processing of personal data available here. Using the option to create and use a user account is free.

If the Seller legitimately gives the impression that the Applicant / Buyer is using the User Account in an unauthorized manner, does not use it for more than 12 months or otherwise violates the Agreement, he may, upon prior notice to the Applicant / Buyer subsequently updated in the User Account, cancel the User Account.

The Applicant is obliged to fill in all data in the User Account interface, as well as the data in the Order, correctly and truthfully and to update this data with each change. The Seller considers the data provided by the Applicant in the User Account interface and in the Order to be correct and true and is not liable for damage caused by incorrect or incorrectly filled in data by the Applicant.

By registering and / or making the Order, the Applicant confirms that he has read the contents of these GTC, understood them in full, and expressly agrees with all rights and obligations arising from them. By the above action, the consumer declares that he has become acquainted with the information intended for him, which is listed in Article 4 of these GTC.

2.5. Specification of Goods, Additional Services, above Prices, Costs and Prices of Additional Services

Specification of the Goods, a description of its basic parameters and main properties is given for each type of Goods directly in the E-shop.

The current Prices are also listed in the E-shop. The Seller is a payer of value added tax and the Prices are listed including value added tax, unless explicitly stated otherwise. From the point of view of the Contract, the decisive price is the current price at the moment of sending the Order.

The Seller's e-shop also contains information on Costs, the amount of which is determined by the Seller with regard to the fee tariffs of the respective delivery companies. The amount of Costs stated in the E-shop applies only to cases where the Goods are delivered within the territory of the Czech Republic, the Member States of the European Union and Switzerland. In other cases, the amount of Costs will be determined by the Seller individually in connection with the tariffs of the respective delivery companies for delivery abroad. Such determination of the amount of Costs within the Confirmation is not considered to be a change of the Order in a material way.

The Seller's e-shop also contains information on Additional Services that the Buyer may purchase in addition to the ordered Goods, including the current Price of individual Additional Services, usually within the order form.

The Buyer acknowledges that if the provision of some Additional Services is by nature related to the time of delivery of the Goods, typically eg delivery of Goods to the apartment, installation of Goods, etc., the Seller organizes its activities, capacity and sets the Price of Additional Services taking into account this fact. Therefore, if any of the ordered Additional Services cannot be provided upon delivery of the Goods due to a reason on the part of the Buyer, without the Buyer withdrawing from the Contract in advance in relation to these Additional Services, or otherwise informing the Seller sufficiently in advance that the relevant Additional Service will no longer be interested, the Buyer loses the right to provide the relevant Additional Service without compensation. In such a case, the previously paid Price of Additional Services will represent compensation for damage caused by the Seller. Provided that the Price of Additional Services has not been paid at the time of providing the Additional Service, the Seller's right to its payment continues.

2.6. Method of delivery and payment of the Price, Costs and Prices of Additional Services

As a rule, the Buyer is entitled to choose within the Order,

  • whether the Price, Costs and possibly also the Price of Additional Services will be paid in cash on delivery at the place specified by the Buyer in the Order, by non-cash transfer to the Seller's account or via online payment;
  • whether the Goods are to be delivered to the place specified by the Interested Party, or whether they are to be prepared for personal collection at the Seller's premises at Sadová 4, Předměstí,
  • 746 01 Opava (hereinafter referred to as the "Establishment"); and
  • whether he is also interested in one of the Additional Services.

The price is due

  • upon receipt of the Goods into the hands of the deliverer of the Goods, if the purchased Goods were sent so-called cash on delivery on the basis of the Buyer's request;
  • upon receipt of the Goods at the hands of the Seller, if the purchased Goods were, at the request of the Buyer, ready for collection at the Premises;
  • in other cases, the Price is payable within 14 days from the date of conclusion of the Contract to the Seller's account specified in the Confirmation or in the final recapitulation of the Order, provided that the Seller is not obliged to deliver the Goods to the Buyer until payment of the Price including Costs and Additional Services In such a case, the deadline for delivery of the Goods is extended by the time between the conclusion of the Contract and the payment of the Price, including Costs and the Price of Additional Services.
  • if the Goods have been delivered to the Buyer before payment of the Price, the Price is payable within 2 days from the date of delivery of the Goods to the Buyer;

The Costs and Price of the Additional Services are payable together with the Price. Together with the Price, the Buyer is therefore obliged to pay the Seller the Costs and, if the Buyer has chosen one of the Additional Services within the Order, also the Price of the Additional Services.

If the Price, Costs and / or the Price of Additional Services are paid non-cash, the Buyer is obliged to state the variable symbol stated in the Confirmation or Offer.

The Price, Costs and the Price of Additional Services are considered paid at the moment of crediting the relevant amount to the Seller's account.

If the Candidate chooses to pay the Price, Costs and / or the Price of Additional Services within the Order within online payment at the time of sending the Order, such payment is considered an advance payment, which will be returned to the Candidate by the Seller without undue delay in case of non-conclusion of the Contract.

According to the Sales Registration Act, the Seller is in some cases obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, then no later than 48 hours (hereinafter referred to as the "Receipt").

After payment of the Price, Costs and the Price of Additional Services, the Seller is obliged to issue to the Buyer (i) a tax document - invoice and in cases where required by law, also (ii) a Receipt, and send these to the Buyer to his e-mail address.

The Buyer acknowledges that all confirmations, especially confirmation of delivery of the Order to the Seller, Confirmation, Receipt, tax document or delivery note, will be sent to him as much as possible in electronic form to his e-mail address specified in the Order or the Buyer's User Account. 

2.7. Transport and delivery of Goods

The Purchased Goods, which are already manufactured and available to the Seller, will be the Seller according to the choice of the method of delivery specified in the Order without undue delay after the conclusion of the Contract, and in cases pursuant to Article 2.1.3. paragraph (iii) above also after crediting the Price, Costs and the Price of Additional Services to the Seller's account

  • sent to the address specified in the Order together with the relevant delivery note;
  • ready for collection at the Premises. The Seller shall notify the Buyer of this fact via the e-mail address or telephone number of the Applicant specified in the Order.

In the event that the Seller does not have the Ordered Goods immediately available, eg it will be necessary to first manufacture, order and deliver the Goods from the supplier, etc., the period for delivery of the Goods is extended the time needed to deal with these matters. The Seller will inform the Buyer of this fact and will also inform the Buyer of the expected delivery time, if possible.

The Seller is obliged to hand over the Purchased Goods to the Buyer only after payment of the Price, Costs and the Price of Additional Services.

The Seller informs the Buyer in good time about the time of delivery of the Goods and / or the provision of the Additional Service.

In the event of the need for repeated delivery of Goods and / or Additional Services to the Buyer's address due to failure to provide Buyer with cooperation in delivery and / or acceptance of Goods and / or Additional Services, Buyer undertakes to reimburse Seller for the costs of delivery of Goods and / or Additional Services Price.

2.8. Conclusion of the Contract on the basis of an individual offer

The Candidate is entitled to invite the Seller to make an individual offer to conclude a contract (hereinafter referred to as the "Invitation"). The invitation may be made in person at the Seller's premises, by telephone, email or in writing through the Seller's contact details located on the Seller's website in the "Contacts" tab, or other Seller contact details that the Seller will inform interested parties for sending the invitation.

The invitation must contain primarily the identification and contact details of the applicant, at least a general specification of the applicant's requirements and, where appropriate, other information that the applicant or seller will consider appropriate or necessary to prepare an individual offer. In the event that some of these data are not specified in the invitation, the seller is entitled to request their completion.

The seller after receiving the invitation, or. to supplement it, send the interested party to the address specified in the invitation an individual offer, eg in the form of an advance invoice (hereinafter referred to as the "offer") containing in particular the specification of the subject of the contract, its price and a reference to these GTC. however, the seller is not obliged to respond to the call of the interested party. the seller excludes the possibility of accepting an offer with changes in advance.

The contract is concluded when the bidder accepts the offer, ie agrees with the seller to the offer, eg by signing and sending it back, if he does so within the period specified in the offer, and if the offer does not contain this period, then within a reasonable period, but no later than within 14 working days from the date of delivery of the offer to the interested party, or within this period he will start acting otherwise against the seller in the way from which the acceptance of the offer is evident, eg pay the sent advance invoice, take over the goods, etc.

If this happens later, the contract is concluded provided that the seller without undue delay after delivery of the consent at least orally notifies the interested party that he considers the consent to be timely, or begins to behave in accordance with this consent.

Any changes to the contract concluded on the basis of the offer must be individually agreed between the parties and confirmed in the manner specified for the conclusion of the contract based on the offer.

In the event that the offer, resp. contract concluded on the basis of an offer, and this article of the GTC does not stipulate otherwise, the provisions of these GTC concerning the conclusion of a contract through an e-shop shall apply mutatis mutandis within the contract, unless the nature of the contract clearly precludes it.

2.9. Withdrawal from the Contract

In addition to the reasons set out in the Civil Code, the seller has the right to withdraw from the contract for reasons on the part of third parties with whom he cooperates in the operation of the e-shop (eg for technical reasons, unavailability of goods or if the contract was concluded with this incorrect price due to technical errors in the internal information system when processing price data).

The buyer has the right to withdraw from the contract in cases provided by the Civil Code, unless these GTC stipulate otherwise. withdrawal from the contract due to liability for defects of the goods are regulated by these GTC in Article 3.2., 3.5., 3.6.

If the Contract is concluded by means of distance communication, ie other than in person at the Seller's Premises, the Consumer is entitled to withdraw from the Contract within fourteen (14) days from the date of receipt of the Goods, and in relation to Additional Services within fourteen (14) days from the date of conclusion of the Contract.

If the Additional Services are to be provided before the expiry of the withdrawal period regarding the Additional Services, the Consumer hereby expressly requests the Seller to start providing the Services before the expiry of this period.

It is possible to withdraw from the Contract using the Consumer's electronic address specified in the Order or Invitation or in any other way enabling unambiguous identification of the Consumer, by delivering the withdrawal to the address specified in the Seller's contact details on the E-shop,

In case of withdrawal from the Contract in accordance with the procedure specified in the previous paragraph, it is also possible to use the form for withdrawal from the Contract, which is here.

The Seller shall confirm to the Consumer to his electronic address specified by the Consumer when executing the Order pursuant to Article 2.1.1 (i), within the registration or when updating the data in the User Account pursuant to Article 2.1.1 (ii), or the Invitation pursuant to Article 2.2. acceptance of the Consumer's withdrawal without undue delay after its delivery to the Seller.

If the Consumer exercises the right to withdraw from the Contract pursuant to the preceding paragraphs, the set period for withdrawal shall be deemed to be observed if the Consumer sends a notice to the Seller during the withdrawal that he withdraws from the Contract.

In case of withdrawal from the Contract, the Consumer is obliged to return to the Seller the purchased Goods to which the withdrawal applies, and the Seller is obliged to return to the Consumer the Price of these Goods including costs corresponding to the cheapest method of delivery of the Goods offered by the Seller at the time of conclusion of the Contract. , as well as the Price of Additional Services, to the extent that these services were not provided to the Consumer (unless it is a case referred to in the last paragraph of Article 2.1.2.), all no later than fourteen (14) days from the date of delivery of withdrawal to the Seller.

The Seller is not obliged to return these funds to the Consumer before the relevant Goods are delivered to him or the Consumer proves their sending to the Seller. In the event of withdrawal from the Contract, the Consumer shall bear the costs associated with the return of the Goods to the Seller.

The Consumer is liable to the Seller for the decrease in the value of the Goods as a result of handling these goods in a manner other than that necessary to become familiar with the nature and properties of the Goods, including its functionality, regardless of the decrease in the value of the Goods. In such a case, the Seller is entitled to set off a claim against the Buyer for damages resulting from a reduction in the value of the Goods under the first sentence of this paragraph against the Buyer's claim against the Seller for a refund of the Goods, including costs under the previous paragraph, even before these receivables are due.

After the expiration of the deadlines for withdrawal from the Contract mentioned above, the Consumer is entitled to withdraw from the Contract only in cases stipulated by the Civil Code or regulated by these GTC.

The Buyer may not withdraw from the Contract if the Goods have been individually modified according to the Buyer's wishes. Such individual adjustment will be considered to be, in particular, such Goods for which the need for individual adjustment or similar wording will be explicitly stated in the E-shop.

 

3. COMPLAINTS PROCEDURE

3.1. Seller's liability for defects in the Goods

These Complaints Rules apply to all Goods purchased by the Buyer under the Contract.

The Seller is responsible to the Buyer for the fact that the purchased Goods are delivered to the Buyer in the ordered quantity, and at the time of delivery has the quality, design and other properties specified in the Contract or E-shop, meets other legal requirements and can be used in in accordance with the purpose of the Treaty.

If the Goods do not meet the above requirements, it has defects. A defect of the Goods is also considered to be the delivery of another Goods or a defect in the documents necessary for the use of the Goods.

If it follows from the Seller's declaration or from the relevant handover protocol / delivery note that the Seller has delivered less than the ordered quantity of the Goods, these Complaints Rules do not apply to this missing Goods.

3.2. Quality guarantee

By guaranteeing the quality, the seller undertakes that the goods will be used for a certain period of time for use for the usual purpose or that they will retain similar properties.

The seller provides a guarantee for the quality of the goods for a period of 36 months (hereinafter referred to as the "warranty period"), unless a longer shelf life is stated on the packaging or in the advertisement, or unless the manufacturer provides a longer warranty period. If these GTC, the indication on the packaging, in the advertisement or the manufacturer of the goods specify different warranty periods, the longest period applies.

The warranty period runs from the delivery of the goods to the buyer. if the goods have been sent to the buyer, the warranty period runs from the day the goods reach their destination by the buyer.

3.3. Limitation of the Seller's liability for defects in the Goods

The Seller is not liable for defects of the Goods caused by improper use of the Goods (eg improper handling of the Goods, improper installation, improper operation, or adverse environmental effects to which the Goods are exposed), or otherwise caused by the Buyer or third party, or external events, or for wear and tear of the Goods caused by its normal use.

The Seller is also not liable for defects (including the degree of usual wear and tear of the Goods at the time of concluding the Contract), as a result of which a lower Price was agreed, or if it is a defect that the Buyer had to know with normal attention at the conclusion of the Contract.

Furthermore, the Seller is not liable for defects of the Goods, if it follows from the nature of the thing.

3.4. Defective performance of the Seller

If the Goods handed over to the Buyer on the basis of the Contract have defects

  • existing at the time of delivery to the Buyer, even if it becomes apparent later, and defects of the Goods purchased by the Consumer, which appear within six months from the date of receipt, are considered defects existing at the delivery of the Goods, unless it contradicts the nature of the item or contrary; or
  • incurred later than when the Goods were handed over to the Buyer, and the occurrence of these defects was caused by the Seller in breach of its obligation; or
  • arising during the warranty period agreed in the Contract or stipulated by law, the Buyer has, provided that they are properly notified and exercised, the following rights from defective performance of the Seller.

3.5. Consumer rights from defective performance

Substantial breach of the Agreement

If the occurrence of a defect in the Goods constitutes a material breach of the Contract, the Consumer has the right to

  • defect elimination delivery of new Goods or a part thereof, if the defect concerns only this part, without a defect, unless this is disproportionate due to the nature of the defect; or
  • delivery of the missing Goods or part thereof; or
  • repair of goods; if the defect is remediable; or
  • a reasonable discount from the Price; or
  • withdrawal from the Treaty.

If the Consumer does not choose his right in time in accordance with Article 3.5.1, he has only the rights corresponding to a minor breach of the Contract listed below.

Minor breach of contract

If the occurrence of a defect represents a minor breach of the Contract, the Consumer has the right to

  • defect elimination,
  • delivery of new Goods without defects if this procedure is not disproportionate due to the nature of the defect; or
  • if it is a remediable defect, and the Goods cannot be used properly due to the recurrence of the defect after repair or due to a large number of defects;
  • if the defect concerns only a part of the Goods, the Consumer is only entitled to the delivery of this perfect part;
  • repair of the Goods, if it is a remediable defect; or
  • in the event that it is an irreparable defect for which the Goods cannot be used properly, or a remediable defect, if the Goods cannot be used properly due to repeated occurrence of the defect after repair or for a larger number of defects, and also if the removal of the defect is not by delivery of new Goods or part thereof is possible or proportionate, and at the same time it is not disproportionate to the nature of the defect, in particular if the defect cannot be remedied without undue delay, the Consumer may withdraw from the Contract.

If the Consumer has not exercised the right to rectify the defect and has not withdrawn from the Contract; has the right to request a reasonable discount from the Price. The Consumer has the right to demand a reasonable discount from the Price even if the Seller is unable to eliminate the defect, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause the Consumer difficulties.

Until the Consumer exercises the right to a discount on the Price or withdraws from the Contract, the Seller may supply what is missing or eliminate the legal defect. Other defects may be removed by the Seller, unless the Consumer has chosen the method of eliminating the defect, at his option by repairing the Goods or by delivering new Goods; the choice must not impose disproportionate costs on the consumer.

3.6. Entrepreneur's rights from defective performance

If the Goods delivered to the Entrepreneur on the basis of the Contract have defects

  • existing at the time of the takeover by the Entrepreneur, even if it manifests itself later;
  • incurred later than upon receipt of the Goods by the Entrepreneur, and the occurrence of these defects was caused by the Seller in breach of its obligation; or
  • incurred during the warranty period agreed in the Contract;

Entrepreneur has the right to

  • elimination of the defect, according to the choice of the Seller
  • delivery of the missing Goods or part thereof; or
  • repair of the Goods or parts thereof; or
  • by replacing the Goods or part thereof, unless the defect is repairable; and in the event of an unrecoverable defect, to withdraw from the contract.

3.7. File a Complaint

The Buyer shall inspect the purchased Goods as soon as possible after delivery and ascertain their properties and quantity. If the Buyer discovers a defect in the Goods, he shall notify the Seller without undue delay and hand over the Goods to the Seller in due condition, or keep them in accordance with the Seller's instructions, or otherwise dispose of them appropriately so that the defect can be examined.

The Buyer is obliged to notify the Seller of any defects without undue delay after he has been able to detect them in a timely inspection and with sufficient care, no later than six (6) months from the date of delivery of the Goods, and in the event of a defect covered by the warranty. Warranty periods.

In the case of hidden defects that already existed upon receipt of the Goods, the Buyer is entitled to report defects of the Goods without undue delay after he could find them with sufficient care, but no later than two (2) years from the date of delivery of the Goods.

If the Buyer does not notify the defect of the Goods in time, he loses the right to withdraw from the Contract. In such a case, the court will also not grant other rights from defects to the Seller's objection.

The Buyer shall notify the Goods of defects and exercise the selected right from defective performance entered pursuant to Article 3.1., 3.5., Or Article 3.6, via the Seller's form published on the E-shop in the Goods Complaints tab, by notification sent to the email address specified in the Contract, or on the Seller's website and sent from the Buyer's email address specified in the Order, Invitation or by written notice sent to the Seller's registered office or Premises or handed over to the Seller, or in any other way that allows the Seller to unambiguously identify the Buyer ("Notice") .

In the Notice, the Buyer shall indicate the detected defect or describe exactly how the defect manifests itself and state the claim it asserts against the Seller, or alternatively several claims in a row (eg in case it turns out that the defect cannot be eliminated or no agreement is reached on the amount of the discount provided). The Buyer shall also attach to the Notice a document proving that the Goods were purchased from the Seller. The right from defective performance can be exercised by a separate Notice no later than without undue delay after delivery of the Notice, which did not contain the choice of the relevant right from defective performance.

The Seller is obliged to accept the Notice at its registered office and at the Premises. The day of notification of a defect and claim (hereinafter referred to as “Complaint”) is considered to be the day when the following conditions were met: i) delivery of the Notice containing in particular a description of the defect and choice of claim to the Seller and (ii) delivery of the Goods to the Seller at its premises / registered office; or its other disclosure to the Seller in accordance with its instructions so that the reported defect can be reviewed, and (iii) the submission of proof of purchase of the Goods to the Seller.

The claims stated in the Notice due to the same defect may be changed by the Buyer only with the consent of the Seller or if he has requested the correction of the defect, which proves to be irreparable, as well as in other cases and under the conditions set out in the Contract or these Complaints Rules.

In the event that the Seller, in connection with the exercise of the Consumer's claim, does not eliminate the notified defects within a reasonable period of time, or in time, or if he notifies the Consumer that he will not eliminate the defects, the Consumer may, instead of eliminating the defect, demand a reasonable discount from the Price, or withdraw from the Contract. The provisions of this Article shall apply mutatis mutandis to the procedure for exercising these claims.

The consumer has the right to reimbursement of the necessary costs incurred in connection with the exercise of claims under Article 3.2. or 3.5., if he states these costs in the Notice or otherwise notifies the Seller within the period for asserting claims.

3.8. Complaint handling

The Seller shall issue to the Consumer in a suitable manner (with regard to the form of the Notice) a written confirmation containing information on when the Consumer has asserted his claims, what is the content of the Complaint and what method of handling the Complaint the Consumer requires. The Seller is obliged to issue to the Consumer, at his request, a written confirmation of the obligations arising from defective performance.

The Seller shall decide on the Complaint immediately, in complex cases within three (3) Business Days from the date of its application. This period does not include a reasonable time required for a professional assessment of the defect. Complaints must be handled and a written confirmation containing the date

and the method of handling the Complaint, including confirmation of the repair and its duration, or justification for the rejection of the Complaint, and other appropriate additional information (eg when

and where the Goods are ready for collection, etc.) must be delivered to the Consumer without undue delay and no later than thirty (30) days from the date of the Claim, unless a longer period is agreed.

In the event that the complaint is not settled by the Seller within this period, the Consumer shall have the same claims as if they were a material breach of the Contract.

In the event that the right to eliminate the defect is exercised by the Entrepreneur and if the Seller does not eliminate the defects of the Goods within a reasonable period (taking into account the period for which the defect is assessed by the relevant supplier of the Goods), which will not be less than thirty (30) days from the date of claim. The Entrepreneur shall notify the Seller that he intends to withdraw from the Contract and at the same time provide the Seller with a reasonable additional period to eliminate the defects specified in the Notice, which may not be shorter than the period specified by the relevant Seller supplier to carry out repairs, if notified to the Buyer. If the Seller does not eliminate the defects even within this additional period or if it announces before its expiration that it will not eliminate the defects of the Goods, the Entrepreneur may withdraw from the Contract.

Textile Goods including everything from the category Bedding can be returned within 14 days only unused, unwashed and in the original packaging.

 

4. CONSUMER INFORMATION

Among other things, through this article of the GTC, the Seller fulfills its information obligation towards the Consumer arising from the provisions of § 1811, § 1820 and § 1826 of the Civil Code and also the Consumer Protection Act.

The identity and address of the Seller, including the address for the delivery of electronic mail, are stated in Article 1.1. Of these GTC, as well as in the E-shop.

The designation of the Goods, a description of its basic parameters and main properties is given for each type of Goods directly in the E-shop, including all other specifications, Prices, including taxes and fees.

The price, method of payment and method of delivery and possible delivery costs are listed in the Seller's E-shop with regard to the current fee tariffs of the respective delivery companies.

Data on the rights arising from defective performance and the conditions of their exercise are contained in Article 3 of the GTC.

The contract is usually concluded using means of distance communication. The costs of using means of distance communication in connection with the Contract shall be borne by the Consumer himself. The Agreement may also be concluded in translation into other languages ​​or in other languages, however, the Czech version of the Agreement will always be attached and in case of doubt about the content of the Agreement, the Czech version of the Agreement will prevail. Data on the Agreement, including these GTC, are stored in the User Account and the Consumer has access to them through the registration.

The consumer is with any of his complaints about the procedure of the Seller, which is not in accordance

with the Consumer Protection Act, authorized to turn to the supervisory authority, which is the Czech Trade Inspection Authority.

If a dispute arises between the Seller and the Consumer in connection with the Contract, the Consumer is entitled to contact the Czech Trade Inspection Authority, with its registered office at Štěpánská 15, Prague 2, Internet address www.coi.cz and https://adr.coi.cz/cs, as a subject of out-of-court settlement of consumer disputes. All details on the possibility of out-of-court dispute resolution are available on the website of the Czech Trade Inspection Authority.

 

5. FINAL PROVISIONS, WRITTEN FORM, APPLICABLE LAW, VALIDITY AND EFFECTIVENESS

The Contract, ie the Order and the Confirmation, is archived by the Seller and on the basis of the Buyer's request it is possible to provide it to the Buyer by re-sending it to the Buyer's e-mail address specified in the Order.

The written form of legal action will be maintained if the relevant action is made from the Seller's electronic address specified in the E-shop, in the Confirmation or notified in writing to the Applicant / Buyer, and will be sent to the Applicant's / Buyer's electronic address specified in the Order or notified to the Seller in writing, and conversely.

Legal relations under the Agreement are governed by Czech law. However, as a result of this choice, the Consumer is not deprived of the protection afforded to him by the provisions of the law which cannot be derogated from by contract and which would apply in the absence of a choice of law.

The Seller and the Buyer, if they are entrepreneurs, in the sense of § 89a of Act No. 99/1963 Coll., The Code of Civil Procedure, as amended, have agreed on the local jurisdiction of the District Court in Ostrava, if the substantive jurisdiction of the district court is given, and on the local jurisdiction of the Regional Court in Ostrava, if the substantive jurisdiction of the Regional Court is given, in all matters related to the Contract.

 

These GTC come into force and take effect on 8.12.2020