Terms and Conditions and Complaint Policy
1.1. These Terms and Conditions („Terms and Conditions“) of Elisabeth Sedivy, with registered office at Roháčova 95, 130 00 Praha („Seller“) govern the rights and obligations arising in connection with or on the basis of a Purchase Agreement concluded between the Seller, as an entrepreneur, and the buyer, as a consumer, („Buyer“) via the online store of the Seller, which is operated at: [sainy.eu] („Purchase Agreement“).
1.2. The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and Business Terms and Conditions are drawn up in English.
1.3. The wording of the Terms and Conditions may be changed or supplemented. This provision does not affect the rights and obligations arising under the previous version of the Terms and Conditions.
2. User account
2.1. Based on Buyer’s registration on the Seller’s website, the Buyer can access his/hers user interface and order goods. If the web interface of the store permits so, the Buyer may also order goods without registration directly from the web interface of the store.
3.1. The presentation of the goods placed in the Seller’s online store is informative. The Seller is not obliged to enter into a Purchase Agreement regarding these goods. The provisions of Section 1732 Paragraph 2 of the Civil Code (89/2012 Coll.) shall not apply.
3.2. Prices of the goods and costs associated with the delivery of the goods are listed including VAT and all related fees. This provision does not limit the Seller in concluding a Purchase Agreement under individually agreed terms, in particular regarding the delivery costs of the goods. In any such case, the Seller shall contact the Buyer.
3.3. The Buyer fills in an order form to order goods. The order form contains information about in particular:
3.3.1. the ordered goods;
3.3.2. the payment method of the purchase price of the goods, the required method of delivery of the ordered goods; and
3.3.3. the costs related to the delivery of the goods.
3.4. The contractual relationship between the Seller and the Buyer is established as of the delivery of the acceptance of the order, which is sent by the Seller to the Buyer via e-mail, to the Buyer’s e-mail address. The Seller reserves the right to refuse the order without a reason. In such case, the Seller shall promptly return any accepted payments to the Buyer.
3.5. The Seller provides the goods exclusively for personal use of the Buyer and not for the purpose of further resale. The Buyer hereby undertakes not to resell the goods.
4. Payment terms
4.1. The price of the goods and any costs associated with the delivery of the goods shall be paid by the Buyer to the Seller cashless through a payment system operated by GOPAY s.r.o., with registered office at no. 67, 370 01 Planá, Czech Republic, Identification No 260 46 768 immediately upon placing an order.
4.2. The Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount in bulk with the purchase price.
4.3. The Seller is obliged to issue a receipt to the Buyer under the Act on Registration of Purchases. The Seller is concurrently obliged to register the received revenue with the tax administrator online; within 48 hours at the latest in the event of a technical failure.
5. Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code (89/2012 Coll.), it is not permitted to withdraw from a purchase agreement for the delivery of the goods, which were customised according to the Buyer’s wishes or for his/her person; from a purchase agreement for the delivery of perishable goods, as well as goods which have been irreversibly mixed with other goods after delivery; from a purchase agreement for supply of goods in sealed package, which the Buyer removed from the packaging and the good may not be returned due to hygienic reasons; from the Purchase Agreement for the supply of a sound or video recording, or a computer program, if the Buyer removed its original packaging.
5.2. In cases not specified in Article 5.1 of the Terms and Conditions or other cases where it is not permitted to withdraw from the Purchase Agreement, the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of section 1829 paragraph 1 of the Civil Code (89/2012 Coll.)., within fourteen (14) days upon the handover of the goods, and in the event that the subject matter of the Purchase Agreement is a delivery of several types of goods or delivery of several parts, this period begins as of the date of handover of the last delivery of goods. A withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence.
5.3. In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal to the Buyer. The Buyer bears the costs associated with the return of goods by the Seller, even if the goods may not be returned due to their nature by regular mail. The Seller shall return the payment received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer, by non-cash transfer to an account specified by the Buyer, or in another manner agreed between the parties. The Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods were sent to the Seller. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer’s claim for a refund of the purchase price.
6. Delivery of goods
6.1. The Seller will deliver the goods to the Buyer in the manner chosen by the Buyer in the order from, through a courier or postal service provider selected by the Buyer when placing the order, within 30 working days upon the confirmation of the order.
6.2. The Seller is not liable for the goods during the transport.
6.3. The Buyer is obliged to take over the received shipment, check the integrity of the package and, in case of any defects, immediately report to the carrier.
7. Complaint conditions
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal provisions. The Seller guarantees to the Buyer that the goods are free of defects upon delivery. If the delivered goods have deficiencies (e.g. do not have the agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are not complete, do not correspond to its quantity, measure, weight, or the quality does not correspond to other legal, contractual or pre-contractual factors), they are defects of goods for which the Seller is responsible.
7.2. The Buyer may request the Seller, no later than two years from the receipt of the goods at his request, to remove the defect free of charge or to provide a reasonable discount on the purchase price; if it is not disproportionate in relation the nature of the defect (especially if the defect cannot be remedied without undue delay), the Buyer may request the Seller to deliver a new item free of defects or a new part free of defects if the defect concerns only this part.
7.3. If repair or replacement of the goods is not possible, the Buyer may demand a refund of the purchase price in full, upon a withdrawal from the Purchase Agreement.
7.4. The Seller is not obliged to comply with the Buyer’s claim if he proves that the Buyer knew about the defect of the goods before taking over or caused it himself.
7.5. The Seller is not liable for defects corresponding to the degree of previous use or wear as regards the sold second-hand goods. For items sold at a discounted price, the Seller is not liable for the defect based on which the discounted price was agreed. Instead of the exchange, the Buyer is entitled to a commensurate discount in such cases.
7.6. The Buyer is obliged to file a complaint with the Seller or the designated person without undue delay from learning of the defect. If he/she does so in writing or electronically, he/she should provide his/her contact details, a description of the defect and a request for the method of handling the complaint.
7.7. The Buyer is obliged to inform the Seller which remedy he/she has chosen when notifying the defect, or without undue delay after notifying the defect. A change of the choice without the consent of the Seller is possible only if the Buyer has requested the correction of a defect that proves to be irreparable.
7.8. The Buyer is obliged to prove the purchase of the goods. The deadline for settling the complaint runs from the moment of the application (notification) of the complaint. The Buyer shall hand over or deliver the goods to the Seller or to the place designated for repair together with or subsequently after the complaint has been lodged. The goods should be in package suitable to prevent damage, clean and complete.
7.9. The Seller is obliged to immediately, no later than within three working days, decide on the complaint, or that the decision requires professional assessment. The Seller shall notify the Buyer of the need for an expert assessment within the said period. The Seller shall handle the complaint, including the remedy of the defect, without undue delay, no later than within 14 days of its application, unless the parties agree in writing on a longer period. After the lapse of this period, the Buyer has the same rights as if it were a material breach of contract.
7.10. If the Seller refuses to eliminate the defect, the Buyer may request a reasonable discount on the price or withdraw from the purchase agreement.
7.11. The warranty period is extended by the period between the notification thereof till its settlement or until the point when the Buyer was obliged to pick up the goods. If the goods or part thereof are exchanged, the liability of the Seller applies as if it were a purchase of new goods or part thereof.
7.12. In the case of a justified complaint, the Buyer is entitled to compensation for the costs expediently incurred
8. Personal data protection
8.1. The conditions of protection of the Buyer’s personal data are regulated in a separate document.
9.1. The Buyer agrees to the delivery of promotion emails of the Seller to his/her e-mail address.
10. Final provisions
10.1. These Terms and Conditions and the Purchase Agreement are governed by the legal order of the Czech Republic..
10.2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address at https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer under a Purchase Agreement.
10.3. Sample withdrawal and complaint forms are attached to these Terms and Conditions.
10.4. If any provision of these Terms and Conditions is or becomes invalid or ineffective, any provision shall be replaced by a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of a single provision shall not affect the validity of any other provisions of these Terms and Conditions.
10.5. The Purchase Agreement, including Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.6. Contact details of the Seller:
Mailing address: Ovenecká 104/37, 170 00, Praha 7 – Bubeneč, Czech Republic
Telephone number: +4250 731 202 236
Appendix: Sample withdrawal form
Sample complaint form
These Terms and Conditions enter into force on [●] 2020.