TERMS AND CONDITIONS
trading company Boudoir Samadhi Ltd.,
established under Pod Lomem 272, Velké Přílepy, 252 64
ID number: 24822019
for the sale of goods through an online store located on the Internet at
www.boudoir-samadhi.com
1. PRELIMINARY PROVISIONS
1.1 These terms and conditions ("Terms and Conditions") of Boudoir Samadhi Ltd., established under Lomem 272, Great sticks, 252 64, identification number: 24822019 (hereinafter referred to as "Seller") regulate the mutual rights and obligations arising in connection or on the basis of the purchase agreement (the "Purchase Agreement") concluded between the seller and any other natural or legal person (hereinafter the "Buyer") through the online store seller. Online store is operated by the seller on the Internet at boudoir-samadhi.com, through a web interface (hereinafter referred to as "Web-based commerce").
1.2 Terms and Conditions also govern the rights and obligations of the parties when the seller using the Web site located at boudoir-samadhi.com (the "Website") and other related legal relations. Terms and conditions do not apply to cases where a person who intends to buy goods from the seller, is ordering goods in the course of their business.
13. Provisions diverging from commercial terms can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase agreement may be concluded in the Czech language.
1.5 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2. User ACCOUNT
1.2 Buyer can order goods without registration or registration directly from the web interface business.
2.2 When ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account, the buyer is in any change in their obligated to update. The information given by the buyer when ordering goods by the seller are deemed to be correct.
2.3 The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account and notes that the seller is not liable for any breach of this obligation by the buyer.
2.4 Buyer shall not allow the use of user account to a third party.
2.5 Seller may cancel your user account, especially when the buyer your user account for more than 48 months is not used, or if the buyer breaches of its obligations under the purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
1.3 Web interface contains a list of goods offered for sale, including the prices of individual goods. Prices of goods offered are inclusive of VAT and all related charges. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions. All offers to sell goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding this product.
2.3 Web interface also contains information on the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.3 To order goods, the buyer fills an order form in the web interface business. The order form contains particular information about:
ordered goods (the ordered goods "insert" the buyer into an electronic shopping cart business web interface)
method of payment of the purchase price, details of the desired method of delivery of the ordered goods
Information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.4 Before sending the order to the seller, the buyer is allowed to check and modify data in order, the buyer put, even with regard to the possibility of the buyer to detect and correct errors during data entry in order. The buyer sends the order by clicking on "Submit Order". The information specified in the order by the seller are deemed to be correct. Seller immediately upon receipt of an order the buyer confirms receipt by e-mail, at the e-mail address listed in the buyer's user interface or in the order (hereinafter the "electronic address of the purchaser").
3.5 Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.6 The contractual relationship between seller and buyer arises delivery order acceptance (acceptance) which is sent to the buyer by e-mail, at the e-mail address of the buyer.
3.7 Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those previously materially breached the purchase contract (including terms and conditions).
3.8 Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer using a means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) borne by the Buyer.
4th PRICE AND PAYMENT TERMS
1.4 The price of goods and any costs associated with the delivery of goods according to the contract the buyer may pay the seller the following ways:
bank transfer to the account of the seller no. 43-9921470227 / 0100, held by Komerční banka (hereinafter the "Seller Account");
cashless payment card;
2.4 Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price includes costs associated with the delivery of the goods.
3.4 In the case of cashless payment, the purchase price is due within 7 days of the purchase contract.
4.4 In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the account of the seller.
4.5 The seller is entitled, in particular in the event that the Buyer does not for additional confirmation (Art. 3.5), require payment of the full purchase price before sending the goods to the buyer.
4.6 Any discounts the price of goods provided by the seller to the buyer can not be combined.
4.7 If it is customary in the trade, or if it is so stipulated by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer tax document - invoice. Seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address.
5th withdrawal from the contract
1.5 Buyer acknowledges that pursuant to the provisions of § 53 par. 8 of the Act no. 40/1964 Coll., The Civil Code, as amended (the "Civil Code"), among others, can not withdraw from the contract for the supply of goods made to wishes of the buyer, as well as goods subject to rapid deterioration, wear and tear, from contract to delivery of audio and video recordings and computer programs if a consumer destroyed their original packaging, and the purchase contract for the supply of newspapers, periodicals and magazines.
2.5 If this is not the case referred to in art. 5.1 and about other cases where you can not withdraw from the contract, the buyer in accordance with the provisions of § 53 par. 7 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days receipt of goods. Withdrawal from the contract must be provably delivered within fourteen (14) days of receipt of goods, and the address of the seller or the seller's e-mail address info@boudoir-samadhi.com.
3.5 In case of withdrawal pursuant to Art. 5.2 of the purchase contract canceled from the beginning. The goods must be returned to the seller within 7 working days from dispatch withdrawal seller. If the purchaser breaches an obligation under the preceding sentence, the seller may claim a contractual penalty of up to CZK 200 for each day of delay, up to the purchase price of the goods. This provision shall not affect the right to compensation for damages resulting from breach of duty, which is subject to a penalty, even if the damage exceeds the penalty. The goods must be returned to the Seller condition and, if possible, in the original packaging.
4.5 Within ten (10) days from returning goods by the buyer pursuant to Art. 5.3 The Seller is entitled to examine the returned goods, particularly in order to determine whether the returned goods are not damaged, worn or partially consumed.
5.5 In case of withdrawal pursuant to Art. 5.2 seller returns the purchase price (excluding cost of delivery) to the buyer within ten (10) days from the deadline to examine the goods under Art. 5.4 of business conditions, bank transfer to an account designated buyer. The seller is also entitled to return the purchase price in cash at the time of returning the goods.
5.6 Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, the Seller becomes entitled to damages incurred by him. Is entitled to compensation, the seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price. Likewise entitled to a contractual penalty pursuant to Art. 5.3 The Seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price.
6. TRANSPORTATION AND DELIVERY
1.6 Method of delivery of the goods determines the seller, unless the purchase contract states otherwise. In the event that the mode of transport is negotiated at the request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
2.6 If the seller under the purchase agreement must deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery. If the buyer fails to take over the goods on delivery, the seller is entitled to charge a storage fee of CZK 500 is further entitled to withdraw from the contract.
3.6 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
4.6 When taking the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In the event of a breach of the reunion package indicative of intrusion into the consignment may not buyers shipment from the shipper to take over. By signing the delivery note buyer confirms that the shipment of goods meet all terms and conditions and any further claims of infringement of container shipments can not be disregarded.
5.6 Other rights and obligations of the parties in the transport of goods may modify the delivery conditions of the seller.
7. LIABILITY FOR DEFECTS AND GUARANTEE
1.7 The rights and obligations of the parties regarding the liability of the seller for defects, including warranty liability of the seller shall be governed by the relevant legislation (in particular the provisions of § 612 et seq. Of the Civil Code).
2.7 Seller is responsible for the fact that the thing sold is in conformity with the contract and that it is free from defects. Coincidentally with the purchase agreement means that the thing sold has the quality and properties required by the contract, the seller, manufacturer or its representative, or on the basis of their expected by the ads, or the quality and properties for the cause of the same kind that meets the requirements of the legislation It is in the correct quantity, measure or weight and corresponds to the purpose for which the seller says things or for that matter normally used.
3.7 In the event that the matter on receipt by the buyer is not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the buyer has the right to the seller free of charge and without undue delay, put the product in accordance with the purchase agreement, and according to by exchanging the purchaser, or repair; if such a procedure is not possible, the buyer may request a reasonable discount on the price or cancel the contract. This does not apply if the buyer about the conflict with the contract knew or conflict with the contract he has caused. Conflict with the contract, which will take effect within six (6) months from the date of the takeover is considered to be inconsistency in its takeover, if not in the nature of things or if it is proven otherwise.
4.7 Unless the things that are perishable or used goods, the seller is responsible for defects that become apparent as the conflict with the contract after the item within the warranty period (guarantee).
5.7 The rights of the buyer arising from the seller's liability for defects, including warranty liability of the seller, the buyer applies for the seller at his shop. .
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1.8 The buyer acquires ownership of the goods by paying the entire purchase price.
2.8 Buyer acknowledges that the software and other content of the Web-based commerce (including photographs of the goods offered) are protected by copyright. Buyer agrees not to engage in any activity that would allow him or third persons to unlawfully interfere with or use the software or other content of the web interface business.
3.8 The buyer is not entitled to use the Web interface to use trade mechanisms, software or other actions that could adversely affect the operation of the web interface business. Web interface can be used only to the extent that it is not at the expense of the rights of other customers and the seller which is consistent with its purpose.
4.8 Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 53a paragraph. 1 of the Civil Code.
5.8 Buyer acknowledges that Seller shall not be liable for errors resulting from interference by third parties to the website or arising from use of the Web site in ways not intended.
9. PROTECTION OF PERSONAL DATA AND sending commercial messages
1.9 Privacy purchaser who is a natural person, is provided by Act no. 101/2000 Coll., On Protection of Personal Data, as amended.
2.9 Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").
3.9 Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for sending commercial messages and information to the seller.
4.9 Buyer acknowledges that it is obliged to personal data (for registration, in your user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in his personal data.
5.9 Processing of personal data Seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal information without prior consent of the seller the buyer passed on to third parties.
6.9 Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
9.7. The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information. The buyer claims he was instructed that consent to the processing of personal data in relation to revoke seller written notice delivered to the address of the seller.
8.9 In the event that the buyer thought the seller or processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with regard the purpose of processing, can:
ask the seller or processor for explanation,
require the seller or processor to correct the situation. In particular, may involve blocking, correcting, supplementing or liquidation of personal data. If the buyer's request under the preceding sentence is found justified, the seller or processor will remove the trouble. If it fails vendor or processor, the buyer has the right to appeal directly to the Office for Personal Data Protection. This provision shall not affect the right of the buyer to contact his initiative to the Office for Personal Data Protection directly.
9.9 If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
9.10 Buyer agrees to receive information related to the goods, services or company the seller to the buyer's email address and agree to receive commercial communications seller to buyer's email address.
10th DELIVERY
1.10 Unless specified otherwise, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing, by e-mail, in person or by postal service (selected by the sender). The buyer is delivered to the email address specified in his user account.
2.10 The message is delivered:
In case of delivery by e-mail upon receipt of incoming mail server; integrity of the messages sent by electronic mail may be secured by a certificate,
In case of delivery in person or by postal service taking over the consignment to the consignee,
In case of delivery in person or by postal service also denying receipt of the consignment, denies If the addressee (or the person authorized to accept the consignment for him) to accept the consignment,
In case of delivery by postal services to the expiry of ten (10) days from the shipment and taxes prompted the addressee to accept the shipment, if there is the shipment by the postal service, even if the addressee has knowledge of the deposition.
11. Final Provisions
1.11 If the relationship associated with the use of the Web site or the legal relationship of 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 generally binding legislation.
2.11 The seller is entitled to sell goods on the basis of trade license and seller activity is not subject to any other permissions. Trade control is carried out under its authority the Trade Office.
3.11 If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Amendments and supplements to the purchase agreement or terms and conditions require a written form.
11.4. The purchase contract including terms and conditions the seller is archived in electronic form and is not accessible.
5.11 Contact details seller: postal address below Lomem 272, Great sticks, ZIP code 252 64, e-mail address info@boudoir-samadhi.com, phone 722 288 233.
In Velke Prilepy on 12. 12. 2013