Terms and conditions
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") apply to purchases in the online store www.marthadance.cz
Store operator:
Martha Gadula Papafoti
Legerova 8 715 00
Ostrava-Michálkovice
Company ID: 658 66 738
The company is not a VAT payer.
The terms and conditions further define and specify the rights and obligations of the seller and the buyer. All contractual relationships are concluded in accordance with the legal order of the Czech Republic. These terms and conditions regulate, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.marthadance.cz (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "online store interface").
1.2. These terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the independent exercise of their profession.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are executed in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
2. ORDERING GOODS AND CONCLUSION OF THE PURCHASE CONTRACT
2.1. All presentations of goods placed in the online store interface are of an informative nature, and the seller is not obliged to conclude a purchase contract for these goods. The provisions of Section 1732, Paragraph 2 of the Civil Code do not apply.
2.2. The online store interface contains information about the goods, including the prices of individual goods. The prices of goods are stated including value-added tax and all related charges. The prices of goods remain valid for as long as they are displayed in the online store interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
2.3. The online store interface also contains information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods provided in the online store interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer fills in an order form in the online store interface.
The order form contains in particular information about:
- the ordered goods (the buyer "places" the ordered goods into the electronic shopping cart in the online store interface),
- the method of payment for the purchase price of the goods, information on the required method of delivery of the ordered goods, and
- information about the costs associated with delivering the goods (hereinafter collectively referred to as the "order").
2.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, including the possibility for the buyer to identify and correct errors made when entering data into the order. The data provided in the order is considered correct by the seller. The seller will promptly confirm receipt of the order to the buyer by email, to the buyer's email address specified in the user interface or in the order (hereinafter referred to as the "buyer's email address").
2.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to request additional confirmation of the order from the buyer (for example, in writing or by telephone).
2.7. The buyer may also place an order by email, telephone, in person, or by another suitable method under the conditions presented in the online store interface.
2.8. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order, which is sent by the seller to the buyer by email, to the buyer's email address.
2.9. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the buyer, and these costs do not differ from the basic rate.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1. The buyer may pay the seller the price of the goods and any costs associated with delivering the goods under the purchase contract by the following methods:
- in cash by arrangement upon personal collection
- in cash on delivery by arrangement with the seller
- cashless by transfer to the seller's account
3.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with delivering the goods.
3.3. The seller does not require the buyer to make a deposit or any similar payment. This is without prejudice to the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price in advance.
3.4. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days of concluding the purchase contract.
3.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
3.6. The seller is entitled, especially if the buyer fails to provide additional confirmation of the order (Article 3.6), to request payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119, Paragraph 1 of the Civil Code do not apply. 4.7. Any discounts on the price of goods granted by the seller to the buyer cannot be combined.
3.8. If the customer has a valid discount code or gift voucher code, they shall enter this code into the appropriate field in the online order form. Individual discounts cannot be combined. If the customer has a loyalty percentage discount on purchases, this discount is automatically deducted for every purchase made under their registration. The seller reserves the right to modify or cancel discount coupons or loyalty discounts without providing a reason.
3.9. If it is customary in business relations or stipulated by generally binding legal regulations, the seller shall issue the buyer a tax document – invoice – for payments made under the purchase contract. The seller is a VAT payer. The seller shall issue the tax document – invoice – to the buyer after payment of the price of the goods and send it in electronic form to the buyer's email address.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1. The buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that has been modified according to the buyer's wishes or for their person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that, after delivery, have been irreversibly mixed with other goods, from a purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and for hygienic reasons it is not possible to return, and from a purchase contract for the supply of audio or video recordings or computer programs if their original packaging has been broken.
4.2. If it is not a case referred to in Article 5.1 or another case in which it is not possible to withdraw from the purchase contract, the buyer has the right, in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of receiving the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions received by email, or an electronic form available for download in the section For Customers - Form. The buyer may send the withdrawal from the purchase contract, among other things, to the seller's business address or to the seller's email address.
4.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature.
4.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the terms and conditions, the seller shall return the monetary funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same manner as the seller received them from the buyer. The seller is also entitled to return performance provided by the buyer upon return of the goods by the buyer or in another way if the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before the buyer returns the goods or proves that they have sent the goods to the seller.
4.5. The seller is entitled to unilaterally set off the claim for damages caused to the goods against the buyer's claim for a refund of the purchase price.
4.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.
4.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition subsequent that if the buyer withdraws from the purchase contract, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the provided gift to the seller together with the goods.
5. TRANSPORT AND DELIVERY OF GOODS
5.1. If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
5.2. If, under the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.
5.4. Ordered goods will, depending on their availability and the operational capabilities of the supplier, be delivered as soon as possible by post or another carrier, usually within 5 working days of the binding confirmation of the order, but no later than 14 working days. The customer is informed by email that the seller has handed over the shipment to the selected carrier. After the seller hands over the goods to the carrier, the carrier takes over responsibility for the goods and the delivery time, and any complications with the delivery of the transported goods must be communicated directly with the carrier.
5.5. If the ordered goods are not in stock for a long time or cannot be delivered to the carrier within the agreed period, the seller has the right to withdraw from the purchase contract (binding order). If part or all of the order has been paid, the money will be returned to the customer's account, no later than 14 days from mutual agreement.
5.6. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to immediately notify the carrier. If the buyer finds any damage to the packaging indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
5.7. The buyer is obliged to check the contents of the shipment and immediately notify the seller of any discrepancies (damaged goods, missing goods, or incorrectly delivered items).
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
6.2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
6.2.1. the goods have the properties that the parties have agreed on, and if there is no agreement, the goods have the properties that the seller or manufacturer has described or that the buyer expected given the nature of the goods and based on the advertising carried out by them,
6.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
6.2.3. the goods correspond in quality or execution to the agreed sample or template if the quality or execution was determined according to the agreed sample or template,
6.2.4. the goods are in the corresponding quantity, measure, or weight, and
6.2.5. the goods comply with the requirements of legal regulations.
6.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
6.4. If a defect appears within six months of receipt, it is considered that the goods were defective at the time of receipt.
6.5. The buyer asserts rights from defective performance at the seller's address of the establishment where it is possible to accept the complaint with regard to the assortment of sold goods, or possibly also at the registered office or place of business. The moment of making a complaint is considered the moment when the seller received the claimed goods from the buyer.
6.6. Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
Section heading
As the sun shines brightly and from east to west you would search in vain for a cloud in the sky.
6.7. For gifts provided completely free of charge, no consumer rights can be asserted. Such goods meet the conditions of a gift agreement and all standards under the applicable legislation of the Czech Republic.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The seller is not bound in relation to the buyer by any codes of conduct within the meaning of Section 1826, Paragraph 1, letter e) of the Civil Code.
7.3. The seller provides out-of-court settlement of consumer complaints via the email address martha@marthadance.cz Information on the handling of the buyer's complaint will be sent by the seller to the buyer's email address.
7.4. The seller is entitled to sell goods based on a trade license. Trade licensing control is carried out within its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority carries out, within the defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.5. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.
8. PROTECTION OF PERSONAL DATA
8.1. The protection of the buyer's personal data, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
8.2. The buyer agrees to the processing of these personal data: name and surname, residential address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").
8.3. The buyer agrees to the processing of personal data by the seller for the purposes of exercising the rights and obligations under the purchase contract and for the purposes of managing the user account. Unless the buyer chooses another option, they agree to the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data to the full extent under this article is not a condition that would in itself prevent the conclusion of the purchase contract.
8.4. The buyer acknowledges that they are obliged to provide their personal data correctly and truthfully (when registering, in their user account, when ordering from the online store interface) and that they are obliged to inform the seller without undue delay of any change in their personal data.
8.5. The seller may entrust the processing of the buyer's personal data to a third party as a processor. In addition to persons delivering the goods, personal data will not be provided to third parties by the seller without the prior consent of the buyer.
8.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
8.7. The buyer confirms that the provided personal data are accurate and that they have been informed that the provision of personal data is voluntary.
8.8. If the buyer believes that the seller or processor (Article 9.5) is processing their personal data in a manner contrary to the protection of the buyer's private and personal life or contrary to the law, especially if the personal data are inaccurate with regard to the purpose of their processing, they may:
8.8.1. request an explanation from the seller or processor,
8.8.2. request that the seller or processor remedy the situation.
8.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to demand reasonable compensation not exceeding the costs necessary for providing the information.
8.10. More information on the processing of personal data can be found in the section Principles of Personal Data Processing.
9. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
9.1. The buyer agrees to the sending of information related to the seller's goods, services, or business to the buyer's email address and further agrees to the sending of commercial communications by the seller to the buyer's email address.
9.2. The buyer agrees to the storing of so-called cookies on their computer. If the purchase on the website can be made and the seller's obligations under the purchase contract fulfilled without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time. More information about how we work with cookies can be found on this page.
10. DELIVERY
10.1. The buyer may be delivered to the email address specified in their user account or specified by the buyer in the order.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes such, a provision whose meaning is as close as possible to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and supplements to the purchase contract or the terms and conditions require written form.
11.3. We point out that information on the website is partly taken from third parties, may contain factual and technical inaccuracies or typographical errors, and may be updated without prior notice. The seller may change products and services described on its website at any time without prior notice and does not guarantee the factual accuracy of their content.
11.4. The costs of using remote communication means (telephone, internet, etc.) for placing an order are at the usual rate, depending on the tariff of telecommunications services used by the buyer. These costs are borne by the buyer.
11.5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.6. Seller's contact details:
Office address, warehouse: Marta Gadula Papafoti, Ostrava-Michálkovice
Email address: martha@marthadance.cz
Telephone: +420 722 901 606
In Ostrava 27.5.2015