General Terms and Conditions
I. INTRODUCTORY PROVISIONS
1.1. These general terms and conditions (hereinafter referred to as "GTC") of the seller Josefiny Stýblová, ID:
17063485 with registered office at Na příkopě 391/7, 110 00 Prague 1, registered in the trade register
as a natural person doing business under the Trade Act (hereinafter referred to as the "seller")
regulate in accordance with § 1751 paragraph 1 and § 1820 et seq. Act No. 89/2012 Coll., civil
the Code, as amended (hereinafter referred to as "TOC"), the mutual rights and obligations of the contracting parties
arising in connection with or on the basis of a purchase contract concluded between the seller and another
by a natural person (hereinafter referred to as the "buyer") in a remote way, through social
Facebook platform - page of the seller "STYBS".
1.2. The General Terms and Conditions are intended for legal relations between the entrepreneur (seller) and the consumer, and
they do not apply to cases where the person who intends to buy goods from the seller is
a legal entity or a person who acts as part of their own when ordering goods
business activities or as part of their independent professional performance.
1.3. Provisions deviating from the General Terms and Conditions can be negotiated in the purchase contract. Deviating arrangements in the purchase
contract have priority over the provisions of the General Terms and Conditions.
1.4. General Terms and Conditions are an integral part
II. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. The contract is concluded remotely via Facebook STYBS (Facebook page
store), where by contacting the seller via Messenger or e-mail, the buyer sends
order. The costs of using the means of communication at a distance are paid by the consumer. These
however, the cost is no different from the base rate paid by the consumer to use these
resources (especially for Internet access), no other costs beyond the total price
you don't have to expect
2.2. All product presentations on the store's Facebook pages are informative
nature and it is not a proposal for the conclusion of a contract in the sense of § 1732 paragraph 2 OZ.
2.3. Information about the goods, including the prices of individual goods, is contained in Messenger STYBS or
e-mail message of the seller. These prices are listed including taxes and all related
fees. With this provision, the seller has the option to enter into a purchase contract according to
individually agreed conditions.
2.4. The STYBS Messenger or the seller's e-mail also contains information about costs
associated with the packaging and delivery of the goods, and the method and date of delivery of the goods - that only applies
for delivery of goods within the Czech Republic.
2.5. In the event that the seller offers free shipping, it is a prerequisite for the right to
free shipping of goods paid by the buyer of the minimum total purchase price
of transported goods in the amount determined by STYBS Messenger or by e-mail
the seller. If there is a partial withdrawal from the purchase contract by the buyer and the total
does not reach the purchase price of goods for which the buyer has not withdrawn from the contract
the minimum amount required for the right to free delivery of goods, the right of the buyer
free delivery of the goods ceases and the buyer is obliged to deliver the goods to the seller
defray.
2.6. To order goods, the buyer contacts the seller via Messenger STYBS
or the e-mail address of the seller listed on the STYBS Facebook page. The order must
contain all essential information, especially the goods ordered, the method of payment for the purchase
prices, method of delivery of goods). The seller will notify you before sending the confirmed order
recapitulation of the order including the final price, including all taxes and fees. Within
recapitulation, the buyer has the last chance to change the entered data. Buyer will ship
to the seller of the order, when the data given there are considered by the seller to be
correctly.
2.7. The buyer's order will, as soon as possible after it is delivered to the seller,
confirmed by a message sent to the buyer's e-mail address specified in the order.
The confirmation will include a summary of the order and these terms and conditions. By confirming the order from
on the part of the seller, a contract is concluded between the seller and the buyer.
2.8. In the event that the seller will not be able to confirm the order (especially in a situation where the goods
is not available or in the case of ordering a larger number of items than is available from the party
seller enabled), the seller will contact the buyer and send the buyer
an offer to conclude a contract in an amended form compared to the order. The contract is
in such a case closed when the buyer confirms the new offer.
2.9. All orders accepted by the seller are binding. The buyer can cancel the order,
until the buyer is notified of the acceptance of the order by the seller. Buyer
can cancel the order by calling the phone number or e-mail of the seller listed
in these GTC.
2.10. In the event that there was an obvious technical error on the part of the seller when specifying the price
goods during the ordering process, the seller is not obliged to deliver the goods to the buyer for this
clearly the wrong price. The seller immediately contacts the buyer and sends it to him
the amended offer as a new draft of the purchase contract, which in such case will be
closed when this offer is confirmed by the buyer. It is considered an obvious mistake
for example, a situation where a digit is missing or remains.
III. PAYMENT TERMS AND DELIVERY OF GOODS
3.1. The price is always stated in the draft order and in the contract. It is part of the draft order
the price for packaging and shipping, as well as the conditions when shipping is free, are also indicated.
3.2. Payment of the total price is required after the conclusion of the contract and before handing over the goods.
The buyer can pay the total price in the following ways:
- by bank transfer, when information about the bank connection is sent by the seller within
order confirmation; in this case, the total price is due within three days of closing
Purchase Contract;
- cash on personal collection - the purchase price can be paid in cash in case of collection
at the seller's premises, and the total price is payable upon receipt of the goods.
3.3. The invoice will be issued after payment of the total price and will be sent to the e-mail address
the buyer; physically, the invoice will also be attached to the goods.
3.4. Ownership of the goods passes to the buyer upon payment and acceptance of the goods. When
payment by bank transfer, the total price is paid by crediting the seller's account.
3.5. The goods are delivered to the buyer at the address specified by the buyer in the order or in person
collection at the seller's premises. The choice of delivery method is made during ordering
goods.
3.6. Liability for accidental destruction, damage, loss or any deterioration of goods
passes to the buyer at the time of acceptance of the goods or at the time when the buyer had
the obligation to take over the goods, but for a reason on his part, the takeover did not take place.
3.7. If the seller is not able to deliver the goods for any reason even within 30 days from the expiry
the delivery time of the goods specified in the order confirmation, both the seller and the buyer are entitled
withdraw from the contract.
IV. WITHDRAWAL FROM CONTRACT
4.1. A buyer who has entered into a purchase contract as a consumer has, in accordance with Section 1829
of the Civil Code, the right to withdraw from the contract without giving reasons within 14 days from
on the day of delivery of the goods. In the case of concluding a contract, the subject of which are several types of goods
or delivery of several parts of the goods, this period begins to run on the day of delivery of the last part of the goods;
if the subject of the contract is regular and repeated delivery of goods, the period begins to run
the day of delivery of the first delivery of goods. The buyer can withdraw from the contract in any way
in a demonstrable way (e-mail, letter), or by filling in a sample form
provided by the seller. The seller will immediately confirm receipt of the form to the buyer
about resignation.
4.2. The buyer cannot withdraw from the purchase contract if the subject of the contract is:
- Goods that have been modified according to the wishes of the buyer or for his person,
- In other cases specified in § 1837 of the Civil Code.
4.3. The withdrawal period is considered to have been observed if the seller during this period
deadline, the buyer sends a notice that he withdraws from the contract.
4.4. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days from
withdrawal from the contract. The buyer bears the costs associated with returning the goods
to the seller. The seller will return the purchase price within 14 days from the effective date of withdrawal on
the account from which it was credited, or to the account specified in the withdrawal from the contract. Buying
however, the price will not be refunded until the buyer returns the goods to the seller or proves that
the goods have been sent to the seller.
4.5. The goods must be returned clean and undamaged, if possible, in the original packaging.
4.6. If the buyer chose a method other than the cheapest method of delivery of the goods offered by the seller,
the seller will reimburse the buyer for shipping costs in the amount corresponding to the cheapest
the offered method of delivery of the goods. In the case of partial withdrawal from the contract, it is not
the seller is obliged to reimburse the buyer for transport costs.
4.7. The seller is entitled to withdraw from the contract at any time before the delivery of the goods, if any
objective reasons why it is not possible to deliver the goods (e.g. stock out, unavailability
goods, reasons on the part of third parties). The seller will return within 14 days of notification
withdrawal from the purchase contract all funds including delivery costs which
received from the buyer in the same way.
V. RIGHTS FROM DEFECTIVE PERFORMANCE
5.1. The seller is responsible to the buyer that the goods are free of defects upon receipt, in particular that:
- It has properties that the parties have agreed upon, and if not expressly agreed upon, then such,
which the seller stated in the description of the goods, or those that can be considered considering the nature
expect goods
- It is suitable for the purposes stated by the seller or which are for goods of this type
usually
- Matches the quality,
- It is in the appropriate quantity, measure and weight,
- Meets requirements according to legal regulations,
- Not encumbered by third party rights.
- Rights and obligations regarding rights from defective performance are governed by the relevant general
binding legal regulations, in particular §§ 1914 – 1925, § 2099 – 2117, § 2161 –
2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.
5.2. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding
legal regulations, in particular §§ 1914 – 1925, § 2099 – 2117, § 2161 – 2174 of the Civil Code and the law
No. 634/1992 Coll., on consumer protection, as amended.
5.3. In the event of a defect, the buyer can submit a claim to the seller via
email or letter, and request:
- Exchange for new goods
- Repair of goods
- A reasonable discount from the purchase price
- Withdrawal from the contract – if the goods have a substantial defect (i.e. the breaching party
the contract was already known or should have been known by the other party when the contract was concluded
did not conclude the contract if it could have foreseen this breach) or in the event of a greater number of defects
goods, or in case of repeated occurrence of defects or defects after repair.
5.4. In the event of a material or non-material breach, the buyer cannot withdraw from the contract,
nor demand the delivery of a new item if he cannot return the goods in the condition in which he received them. It
does not apply if the goods were used before the defect was discovered.
5.5. The seller will confirm and issue a written confirmation of receipt of the claim and the estimated time for
its handling (no later than 30 days after the claim is made). The seller informs in writing
the buyer about the result of the complaint.
5.6. Claims will not be accepted if the buyer knew before taking over the goods that the item had a defect,
or if the buyer himself caused the defect.
5.7. In the event of a justified complaint, the buyer is entitled to compensation for the purposefully spent costs
costs incurred in connection with the application of the claim.
5.8. The buyer has the right to exercise rights from defective performance in the case of a defect that occurs in the consumable
goods within a period of 24 months from receipt of the goods.
5.9. The provisions regarding the right to defects do not apply:
- if the goods that are sold at a lower price suffer from a defect for which the price was lower
arranged
- wear and tear of the goods caused by their usual use,
- when it follows from the nature of the goods.
VI. PERSONAL DATA
All information provided by the buyer during cooperation with the seller is confidential.
This is mainly contact data, which are: first name, last name. email address.
Through this data, the seller contacts the buyer regarding the requested goods
and processes them on the basis of Article 6 paragraph 1 letter b) GDPR – negotiations on the contract, or implementation
measures before concluding the contract at the buyer's request. This information about the buyer will not
the seller to use other than for the purpose of fulfilling the contract, with the exception of the e-mail address, at
which the seller is entitled to send commercial messages, as this procedure allows
Act (No. 480/2004 Coll., on certain services of the information society), unless explicitly stated
rejected. These communications can only relate to similar goods and can be unsubscribed at any time.
The e-mail address will be kept for this purpose for a period of three years from the last communication
between the seller and the buyer.
VII. CONFLICT SOLVING
7.1. The Czech Republic is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract
commercial inspection with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, online
address: http://coi.cz. An online dispute resolution platform located on the Internet
address http://ec.europa.eu/consumers/odr can be used in resolving disputes between
by the seller and the buyer from the purchase contract concluded by electronic means.
7.2. 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
Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21.5.2013 on the solution
of online consumer disputes and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC
(regulation on the resolution of consumer disputes online).
7.3. The seller is authorized to sell goods on the basis of a trade license.
The trade inspection is carried out by the relevant trade office within its jurisdiction.
VIII. FINAL PROVISIONS
8.1. If the relationship between the seller and the buyer will contain an international element (e.g. goods
will be sent outside the territory of the Czech Republic), the relationship will always be governed by the legal order
Czech Republic.
8.2. The purchase contract, including terms and conditions, is archived electronically by the seller
form and is not accessible.
8.3. The seller is entitled to change or supplement the wording of the terms and conditions, which they are not
affected the rights and obligations arising during the effective period of the previous wording of the commercial
conditions.
8.4. Attached to the terms and conditions is a sample complaint form and a sample form for
withdrawal from the contract.
8.5. These terms and conditions become effective on 2.2. 2024