Terms of service
General Terms and Conditions
1. General ProvisionsThese General Terms and Conditions (hereinafter also "GTC") apply to the purchase of goods in the online store www.orelandfriends.myshopify.com (hereinafter the "shop"), which is operated by Orel and friends s.r.o., located at Na kovárně 472/8, Vršovice, 101 00 Prague 10 , IČO: 07438869 , registered in / Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 301026 (hereinafter referred to as the "Seller").
These general terms and conditions govern the legal relationship between the seller, who is the operator of the online store, and the buyer, established on the basis of a purchase contract concluded between the parties through the online store (hereinafter "purchase contract"), in particular, their mutual rights and obligations.
The provisions contained in the purchase contract, which are deviating from these GTC, always take precedence.
These terms and conditions are an integral part of the purchase agreement. Issues not expressly regulated by the purchase contract and the GTC are governed by the provisions of Act No. 89/2012 Coll., The Civil Code. Purchase Contract and GTC are executed in the English language if the purchase contract was closed in the English language.
2. Order and conclusion of the purchase contract
The order can be placed only in the online store using the order form, for the goods that are offered in the online store by the seller. The online store provides information about the goods, including the purchase price of the goods and the amount of related costs (for example, the price of postage).
All information about the goods placed on the website is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
The seller does not guarantee the immediate availability of all goods offered in the online store.
The order via the order form located on the website is duly sent if the buyer fills in all mandatory fields, especially his contact details. The information provided in the order is considered correct and true by the seller. An incomplete order form cannot be sent.
By sending a duly completed order form, the buyer makes a binding proposal to the seller to conclude a purchase contract, and the buyer is bound by this proposal for a period of 30 days from sending the order.
By sending an order placed on the website, the buyer agrees to the GTC, which are an integral part of the purchase contract, as well as the price of the goods, payment terms and the chosen mode of transport.
The seller will immediately confirm the receipt of the order to the buyer in the form of an e-mail sent to the e-mail address specified by the buyer in the order in accordance with the provisions of § 1827 paragraph 1 of the Civil Code. This e-mail will also include the general terms and conditions in text form in accordance with § 1827 paragraph 2 of the Civil Code. Confirmation of the order is not considered as acceptance of the proposal for the conclusion of the contract.
The seller is always entitled to ask the buyer for additional confirmation of the order (in writing or by telephone), especially in connection with the nature of the order (quantity of goods, purchase price, estimated shipping costs).
Acceptance of the proposal for concluding the contract and the moment of concluding the purchase contract is considered to be sending the goods to the buyer to the address specified by the buyer in the order or explicit acceptance of the proposal for concluding the purchase contract by the seller via e-mail.
The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached their obligations to the Seller.
The buyer is obliged to collect the ordered goods and pay the purchase price and any postage.
The place of delivery of goods is the address located within the Czech Republic or abroad specified by the buyer in the order form.
Ownership of the goods passes to the buyer by taking over the goods and at the same time full payment of the purchase price.
The price of goods is stated for individual items of goods in the online store. The total price of the order is confirmed to the buyer at the time of order confirmation in the shopping cart on the website.
All prices of goods, including special prices, are valid until further notice or until stocks run out.
The price of goods listed in the online store does not include the cost of transporting the goods.
Payment for the ordered goods can be made in the following ways: By
payment or debit card when ordering.
The price of postage (cost of transporting goods) is determined depending on the method of transport, in the amount always currently valid and listed in the online store.
The buyer chooses the method of delivery in the order of goods.
The buyer can choose from the modes of transport listed in the online store. The seller reserves the right to change the mode of transport or carrier. Any change does not affect the agreed amount of payment for postage.
The buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery, if it was necessary to deliver the goods repeatedly or in a different way than specified in the order.
The goods will be sent to the buyer within 14 working days from the confirmation of receipt of the order by e-mail, if such goods are in stock at the seller. If the goods are not in stock, the seller will suggest a different delivery date.
The buyer is obliged to take over the delivered goods, check the integrity of the packaging, check the goods for quantity and immediately inform the seller by phone or via e-mail sent to info@orelandfriends.cz and initiate a complaint procedure with the carrier. The buyer will send a copy of the record of the proceedings with the carrier to the seller immediately, otherwise he will not be entitled to a complaint due to incompleteness or damage to the delivery of goods. Subsequent complaints will not be taken into account.
4. Withdrawal from the purchase contract
4.1. In accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the buyer has the right to withdraw from the contract without giving a reason and without any sanction within 14 days from the date of receipt of the goods. This does not apply to a buyer who is not a consumer within the meaning of § 419 of the Civil Code.
4.2. Withdrawal from the contract due to the nature of the goods is not possible, if the goods were used and further according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that were modified according to the wishes of the buyer or his person. which has been irretrievably mixed with other goods after delivery. Furthermore, it is not possible to withdraw from the purchase contract for the delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return.
4.3. Withdrawal from the contract shall be made by the buyer in a verifiable manner, ie either in writing to the address of the seller's registered office, or by sending an e-mail message to info@orelandfriends.cz
4.4. In case of withdrawal from the contract according to Article 4 paragraph 1. obliged to send or hand over the goods in question to the seller within 14 days of such withdrawal to the address of its registered office, with the exception of goods pursuant to Article 4, paragraph 2 of the GTC, in the original packaging together with the original invoice-tax document. The buyer bears the costs associated with the return of goods, even if the goods cannot be returned by post due to their nature .
4.5. The seller is obliged to return to the buyer all received funds, ie the full purchase price including delivery costs, no later than 14 days from withdrawal from the contract under Article 4 paragraph 1. GTC, in the same way as the seller from the buyer accepted. Another way of refund is possible only with the consent of the buyer and if no additional costs are incurred.
4.6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received under the previous paragraph to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
4.7. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
4.8. The buyer is liable to the seller for the reduction in the value of the goods, which arose as a result of handling the goods differently than it is necessary to treat them with regard to their nature and properties.
4.9. 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 will return the purchase price to the buyer without undue delay, in the same way as the seller received it from the buyer.
4.10. In the event of withdrawal from the contract pursuant to this Article, the purchase contract shall be canceled from the beginning.
4.11. The seller reserves the right not to deliver the goods for objective reasons, for example in the case when the required goods are no longer in stock and it is not expected to be stored by the seller in the foreseeable future. In such a case, the seller will send the buyer to the e-mail address marked by him information about the reason for non-delivery of goods, which is considered a withdrawal from the purchase contract by the seller, if it has already been concluded or cancellation of the order. The seller will always try to offer the buyer a solution to the situation at the same time, especially to offer him other similar goods.
5. Rights from defective performance
5.1. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by the relevant generally binding regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2112 and Sections 2161 to 2174 of the Civil Code.
5.2. The seller is responsible to the buyer for the fact that the sold thing is in accordance with the purchase contract when taken over by the buyer, especially that it is without defects.
5.3. The seller is responsible to the buyer for the fact that at the time when the buyer took over the goods:
a) has the quality and useful properties required by the contract, described by the seller, manufacturer or his representative, or expected on the basis of their advertising,
b) fit for purpose , which the seller states or for which goods of this type are usually used,
c) complies with the requirements of legal regulations,
d) is in the appropriate quantity, measure or weight,
e) corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or template.
5.4. The provisions referred to in Article 5 (3) of the GTC shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if it follows from the nature of the goods.
5.5. The buyer is entitled to exercise the right to a defect that occurs in the goods within 24 months of receipt of the goods.
5.6. In the event that the goods do not have the properties under Article 5, paragraph 3 of the GTC, the buyer, who is a consumer within the meaning of § 419 of the Civil Code, has the right to deliver new goods without defects, unless this is disproportionate due to the nature of the matter. If the defect concerns only a part of the item, the buyer may request the replacement of this part or withdraw from the contract and demand a refund of the purchase price.
5.7. If it is not possible to deliver new goods, the buyer may withdraw from the contract and demand a refund of the purchase price in full. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
5.8. The buyer, who is a consumer, has the right to deliver new goods or replace parts, even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.
5.9. The rights arising from defective performance by a buyer who is not a consumer are governed by the legal provisions of § 2099 et seq. of the Civil Code
5.10. If the defect becomes apparent within six months of receipt, it is considered that the goods were defective at the time of receipt.
6. Contractual quality guarantee
6.1. With the quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. These effects are also indicated by the warranty period or the shelf life of the goods on the packaging or in advertising.
6.2. If the seller has provided a quality guarantee beyond its statutory obligations, its application is governed by these GTC, especially Article 7, unless the confirmation of the seller's obligations from defective performance (warranty card) or the contract provides otherwise.
6.3. The warranty does not cover wear and tear of the goods caused by its normal use.
6.4. The warranty period begins when the goods are taken over by the buyer. In the event of an exchange, the quality guarantee period starts running again from the receipt of the new goods. The time for which the complaint is processed is not included in the warranty period for quality.
Complaints and its application
7.1. The rights from the defect as well as the rights from the quality guarantee (hereinafter referred to as "complaints") apply to the seller.
7.2. The buyer can exercise his rights from defective performance within 24 months of receipt of the goods. After the expiration of this period, the right of defects cannot be exercised against the seller, unless the contracting parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond its legal obligations under Article 5 of these GTC. The buyer shall exercise his rights arising from defective performance without undue delay after finding out that there is a defect in the goods.
7.3. Complaints cannot be made if the defect of the goods occurred as a result of incorrect use or storage of the goods by the buyer.
7.4. Defects of goods cannot be claimed in the event that the goods are consumed or when the shelf life of the goods stated on the packaging of the goods expires.
7.5. Complaints are made in person at the seller's premises or by mail, without undue delay after the discovery of a defect in the goods, but no later than the last day of the specified period.
7.6. When making a complaint, the buyer is obliged to submit the claimed original goods, the original packaging of the product, the original invoice-tax document on the purchase of these goods, and further provide a specific description of the defect and its contact details.
7.6. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the subject of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date, place and manner of handling the complaint, including confirmation of repair and duration. , or a written justification for rejecting the complaint. In the case of a complaint made through the postal service, the seller will send this confirmation to the buyer by e-mail.
7.7. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period.
7.9. If the sold item is not in conflict with the purchase contract, has no defects, or the warranty period or period for claiming defects has expired, the buyer has no right to exchange the item, a discount on the purchase price, nor has the right to withdraw from the purchase contract, with the exception of the case according to Article 4 of the GTC.
7.10. The buyer is obliged to take over the claimed goods within 30 days from the day when the complaint should have been settled at the latest, after this time the seller is entitled to charge a reasonable warehouse or sell the goods himself to the buyer's account. The seller must notify the buyer of this procedure in advance and give him a reasonable additional period to take over the goods.
7.11. If the complaint is recognized as justified, the buyer has the right to reimbursement of purposefully incurred costs associated with the exercise of his right.
8. Protection of personal data, sending business messages and storing cookies
8.1. The buyer agrees to the processing of the following personal data: name and surname, address of residence or registered office, identification number, tax identification number, e-mail address, telephone number, age and gender.
8.2. The buyer agrees to the processing, administration and storage of personal data provided for the purpose of executing the buyer's order and for marketing purposes, according to § 5 paragraph 2 of Act No. 101/2000 Coll., On personal data protection and Act No. 480/2004 Sb., On certain information society services, the seller. The administrator of personal data will be the seller, ie the company Orel and friends s.r.o., with its registered office at Na kovárně 472/8, Vršovice, 101 00 Prague 10, IČ 07438869 , entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 301026 . This consent is provided by the buyer to the seller for an indefinite period. The buyer can at any time via e-mail to request a change in the data provided or the termination of their processing, administration or storage.
8.3. The seller may authorize a third party to process the buyer's personal data as a processor.
8.4. In the event that the buyer considers that the seller or processor is processing his personal data which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with regard to the purpose of their processing, it may ask the seller or processor for an explanation or require the seller or processor to remedy the situation thus created.
8.5. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase in the online store and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
9. Final provisions
9.1. The seller has the right to change these GTC at any time. Such amended GTC come into force and effect on the day of their publication on the website or on the day specified therein. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
9.2. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9.3. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 par. 1 let. e) of the Civil Code.
9.4. The purchase contract, including the general terms and conditions, is archived by the seller in electronic form and is not accessible.
9.5. The seller hereby informs buyers who are consumers within the meaning of § 419 of the Civil Code that the subject of out-of-court settlement of consumer disputes materially relevant for the given type in the sense of § 14 of Act No. 634/1992 Coll., On consumer protection, as amended the goods sold are the Czech Trade Inspection Authority, whose internet address is www.coi.cz.
9.6. An authority within the meaning of § 1820 par. 1) let. j) of the Civil Code, the competent trade licensing office is within its competence. Supervision over the area of personal data protection is performed by the Office for Personal Data Protection and supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended, is performed by the Czech Trade Inspection Authority to a limited extent.
9.7. If any provision of these GTC becomes completely or partially invalid, ineffective or unenforceable, the rest of the provision will remain in full force and effect and the invalid provisions will be replaced by a provision whose meaning is as close as possible to the invalid provision.
9.8. These GTC come into force and effect on day 11/11/2020
In Prague on the 11/11/2020 .
Orel and friends s.r.o.