General Terms and Conditions

Terms and Conditions

1.Introductory provisions

1.1 Seller

1.1.1 The online shop Beats for Love is operated by Oriental.cz, s.r.o., ID 28595378, with registered office at Výškovická 3085/2, 700 30 Ostrava 3, registered in Section C, Insert 33605 at the Regional Court in Ostrava. In relation to the sale of souvenirs to third parties (in particular Love production s.r.o., company ID 02763052, with registered office at Revoluční 3810, 73801 Frýdek-Místek, in the capacity of principal), the Seller is in the capacity of principal, who arranges the sale of souvenirs for the principal on his behalf and on his account.

 

1.1.2 Contact details of the Seller:

(a) Delivery address: Oriental.cz, Výškovická 3085/2, 70030 Ostrava 3, Czech Republic

1. b) electronic address: eshop@b4l.cz
2. c) telephone: +420 777 788 851

 

1.2 Terms and conditions

1.2.1 These terms and conditions of the Beats for Love online shop (hereinafter referred to as "Terms and Conditions") are an integral part of the Purchase Contract concluded between the Seller and the Buyer, and they regulate the mutual rights and obligations of the parties under the Purchase Contract.

1.2.2 Unless the Purchase Contract or its annexes expressly state a different provision or the validity of certain provisions of these Terms and Conditions is excluded or otherwise modified by the Purchase Contract or other express agreement between the Seller and the Buyer, these Terms and Conditions shall otherwise apply to the mutual relations of the parties.

1.2.3 The Seller is entitled to unilaterally change these Terms and Conditions at any time. However, the rights and obligations from the already concluded Purchase Contracts are governed by the wording of the Terms and Conditions valid at the time of conclusion of the Purchase Contract, any later changes to the Terms and Conditions do not affect the already concluded Purchase Contracts.

1.3 Possibility of archiving the Terms and Conditions

1.3.1 The Terms and Conditions are available on the website of the online shop https://eshop.b4l.cz/en/general-terms-and-conditions.

1.3.2 The Buyer can print or save the Terms and Conditions in electronic form via the relevant functions of the internet browser.

1.3.3 The concluded Purchase Contracts are archived by the Seller in electronic form and are not accessible.

1.3.4 The Buyer may archive the details of its Orders, in particular by archiving the confirmation of receipt of the Order, which are sent to the Buyer by e-mail to the e-mail address entered by the Buyer in the Order. This confirmation contains a recapitulation of all the data entered by the Buyer in the Order, in particular the designation of the goods, the purchase price including VAT, the cost of transport and any other data and conditions.

 

1.4 Definitions and interpretation of terms

1.4.1 Internet shop - an on-line system operated on the Internet at the domain (URL) https://eshop.b4l.cz/cs/, which allows the conclusion of Purchase Contracts between the Seller and the Buyer by means of remote communication;

1.4.2 Buyer - a natural person (person) or a legal person (corporation) who has concluded a Purchase Contract;

1.4.3 Buyer - consumer - a natural person (human being) who does not act in the course of concluding the Purchase Contract within the scope of his/her business activity or within the scope of independent exercise of his/her profession (§ 419 of the Civil Code);

1.4.4 Purchase Contract - a purchase contract concluded in electronic form through the Internet shop between the Seller and the Buyer;

1.4.5 Civil Code - Act No. 89/2012 Coll., the Civil Code, as amended;

1.4.6 Terms and Conditions - Terms and Conditions of the ORIENTAL.CZ online shop, which form an integral part of the Purchase Agreement;

1.4.7 Order - an electronic binding proposal for the conclusion of the Purchase Contract, which is created by filling in the necessary data in the order form (e.g. quantity, delivery address) and sending it to the Seller via the Internet shop;

1.4.8 Seller - the operator of the Internet shop, ORIENTAL.cz, s.r.o., identified in Article 1.1.1;

1.4.9 Goods - movable items sold through the Internet shop or in the Seller's "brick-and-mortar shop".

 

2. Offer of Goods, Order, Conclusion of Purchase Contract

2.1 Offer of Goods

2.1.1 Goods displayed via the Internet Shop are not legally binding offers within the meaning of Section 1732 (2) of the Civil Code. It is only an invitation to the Buyers to send a binding proposal for the conclusion of a Purchase Contract.

2.1.2 The Seller does not guarantee the immediate availability of the Goods published on the Internet Shop. The delivery dates are regulated in Article 3.1.1.

2.1.3 When you click on the offer of a specific Goods listed in the Online Shop, you will see its description, the exact price including VAT, information on stock availability and usually also a photo of the Goods. The purchase price of the Goods is valid at the moment of its display to the Buyer or at the moment of sending the Order according to Article 2.2.3. This provision does not limit the Seller's ability to conclude the Purchase Contract on individually agreed terms.

 

2.2 Ordering Goods via the Online Shop

2.2.1 In case of interest in the offered Goods, the Buyer shall place them in a virtual shopping cart by clicking on the "ADD TO CART" button. Multiple items can be saved in the shopping cart before the Order is sent. Once the Buyer has finished placing the Goods in the shopping cart, the Buyer has the opportunity to fill in other data required to create an Order, in particular to select the method of delivery of the Goods and payment of the purchase price, and to enter his identification and contact details to the extent necessary for the conclusion of the Purchase Agreement. Before sending the Order, the Buyer has the opportunity to identify and eliminate errors arising from the data entry in the Order, in particular, the Buyer has the opportunity to remove individual items from the virtual basket and to check and change the data provided in the Order, especially the quantity and type of Goods and contact details.

2.2.2 Before sending the Order, the Buyer will always be shown all Goods stored in the shopping cart, the price of the Goods both as a price without VAT and as a price including VAT, the quantity of individual items (pieces), the sum of the price of all Goods stored in the shopping cart, the cost of transport of the Goods ordered and any other taxes and fees, if any, to be paid by the Buyer.

2.2.3 Submitting an Order by clicking on the "FINISH ORDER" button shall be deemed to be the Buyer's proposal to enter into the Purchase Agreement.

 

2.3 Confirmation of acceptance of the Order and creation of the Purchase Contract

2.3.1 Upon delivery of the Order, the Seller shall send the Buyer an Order confirmation via email sent to the address provided by the Buyer within the Order. The confirmation of the Order contains, inter alia, all the data relating to the purchased Goods, which are specified in Article 2.2.2 and includes a link to the current version of these Terms and Conditions in force on the date of conclusion of the Purchase Contract, enabling the download and storage of the Terms and Conditions in .pdf format or other similar format enabling their archiving. Upon receipt of the order confirmation to the e-mail address provided by the Buyer, the Purchase Contract is concluded. In the event that the Buyer has entered incorrect contact details, as a result of which the Order confirmation cannot be delivered to him, the Seller is entitled to cancel the Order.

2.3.2 The Seller hereby excludes in advance the possibility of accepting an offer with an amendment or reservation in accordance with Section 1740 of the Civil Code. This arrangement is reciprocal, whereby the Purchase Contract is always formed on the basis of the unconditional acceptance of the proposal of the other party.

2.3.3 The Seller is always entitled, depending on the nature of the Order (unusual quantity of Goods, the amount of the purchase price, the expected shipping costs), to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone). If the Buyer does not confirm the Order, the Seller may demand payment of the full purchase price before the Goods are shipped to the Buyer, otherwise the Seller is entitled not to conclude the Purchase Contract. The provisions of Section 2119(1)(a) of the Act shall not apply to the Buyer , otherwise the Seller is entitled not to conclude the Purchase Contract. The provisions of Section 2119 (1) of the Civil Code shall not apply.

2.3.4 The Buyer shall bear separately the costs of using the means of communication for the purpose of concluding the Purchase Agreement, such costs not differing from the normal rate. The Buyer acknowledges that the amount of such costs may depend on the conditions of the internet or telephone connection used by the Buyer to communicate with the Seller and to conclude the Purchase Contract.

 

2.4 Application of the Terms and Conditions to business, use of Czech law and language of the Purchase Agreement

2.4.1 The Purchase Contract concluded between the Seller and the Buyer is governed by the Civil Code. If the Buyer is a consumer pursuant to § 419 of the Civil Code, the Purchase Contract shall be governed by the provisions of the Civil Code governing the purchase contract (§ 2079 et seq.) in addition to the relevant provisions of the Civil Code governing the sale of goods in commerce (§ 2158 et seq.) and the general regulation of consumer contracts (§ 1810 et seq.).

2.4.2 If the Buyer is an entrepreneur within the meaning of Sections 420-421 of the Civil Code, the relevant provisions of the Civil Code shall apply. The provisions on obligations under contracts concluded with consumers (§ 1810 et seq.) and the provisions on the sale of goods in commerce (§ 2158 et seq.) do not apply to the relationship between the Seller and the Buyer - entrepreneur and selected rights and obligations in certain areas, such as liability for defects, quality guarantees or compensation for damages, may be agreed in the Terms and Conditions of Business in derogation from the relevant provisions of the Civil Code, unless they are mandatory provisions that do not allow for a different agreement between the parties.

2.4.3 Unless it is further specified in these Terms and Conditions that a particular article or group of articles of the Terms and Conditions shall apply only to the Buyer - consumer or vice versa to the Buyer - entrepreneur, these Terms and Conditions shall apply to all Purchase Contracts regardless of whether the Buyer is a consumer or entrepreneur.

2.4.4 Czech law shall apply to the relations arising from the Purchase Contract. The Purchase Contract may be concluded in the Czech language. The Buyer is entitled to enter data within the Order also in a language other than Czech, if this is understandable for the Seller (Slovak or English).

 

2.5 Rights and obligations under the Purchase Agreement, payment terms

2.5.1 The Seller is obliged to deliver the ordered Goods to the Buyer at the agreed price and the Buyer is obliged to pay the Purchase Price.

2.5.2 Buyers are entitled to choose one of the methods of payment of the purchase price, the price of transport and other possible fees, which the Seller offers and whose description can be found on the pages of the Internet shop under delivery conditions and transport.  In the case of payment in advance by bank transfer, the provisions of Section 2119(1) of the Civil Code shall not apply. Further information on the methods of payment of the purchase price offered by the Seller is made available to the Buyer after the Goods have been placed in the virtual shopping cart as part of the Order creation process.

3. Delivery of Goods, Payment Terms

3.1 Delivery Date

3.1.1 Unless otherwise specified in the Goods, the Seller shall hand over the Goods in stock for shipment within 2 days from the date of conclusion of the Purchase Contract. If the Seller does not have the Goods in stock, the estimated time of dispatch of the Goods to the Buyer shall be displayed within the offer of the Goods. Upon receipt of the Goods, the Seller shall inform the Buyer by telephone or e-mail that the Goods have been forwarded for shipment and when the shipment can be expected to be delivered.

3.1.2 If the Buyer pays the Purchase Price by bank transfer, the Seller shall only send the Goods after the payment has been credited to the Buyer's account. If the Buyer does not indicate the variable symbol communicated by the Seller or if the Buyer indicates the variable symbol incorrectly, the delivery date may be reasonably extended by the time required to identify the Buyer's payment within the Seller's bank account statement.

 

3.2 Method of delivery and transport costs

3.2.1 The method and place of delivery of the Goods shall be determined by the Buyer in the Order, with information on the methods of delivery of the Goods and the prices of transport fees being provided on the Delivery Terms and Transport page. The Seller shall fulfil the obligation to deliver the Goods by sending them to the address specified by the Buyer in the Order, and in the case of personal collection, by delivering the Goods at the agreed collection point.

3.2.2 Together with the Goods, the Seller shall also send the Buyer a tax document for the Goods.

3.2.3 The price of the transport fee for the selected method of delivery of the Goods is communicated to the Buyer within the creation of the Order and added to the purchase price of the Goods.

3.2.4 The Seller shall be entitled to withdraw from the Purchase Contract or not to deliver further Goods to the Buyer for as long as the Buyer is in default in the payment of any financial obligations to the Seller.

 

3.3 Transfer of risk of damage to the Goods

3.3.1 Title to the Goods shall pass to the Buyer on delivery of the Goods to the Buyer (if the Purchase Price has been paid), otherwise on full payment of the Purchase Price.

3.3.2 The risk of damage to the Goods shall pass to the Buyer at the moment when the Seller hands over the Goods to the carrier for the purpose of transporting the Goods to the place specified in the Purchase Contract. If the Goods are not sent by the carrier, the relevant provisions of the Civil Code on the transfer of the risk of damage to the goods by their transfer to the Buyer (§ 2121 et seq.) shall apply.

 

3.4 Inspection of the Goods by the Buyer

3.4.1 The Buyer is obliged to inspect the Goods and to check whether the shipment bears any signs of damage caused during transportation (in particular whether the package or the original packaging of the Goods is not torn or damaged, if this is detectable) before accepting it from the carrier. In the event of damage to the shipment visible upon delivery, the Buyer shall inspect the condition of the Goods in the shipment and shall make a record of any damage to the Goods during shipment in the presence of the carrier, or the damage may be reported to the carrier through its nearest depot within 3 days of receipt of the shipment, or the damage may be reported to the Seller.

3.4.2 Whether or not the consignment shows signs of damage, the Buyer shall always inspect the Goods without undue delay after receipt of the consignment and claim any defects from the Seller immediately upon discovery.

3.4.3 The Buyer is obliged to inform the Seller of any damage to the Goods caused during transportation even if the Goods are not accepted from the carrier for this reason. In the event that the Buyer does not sign a claim report or similar record of damage to the shipment with the carrier, the Seller cannot take the damage into account (see Article 3.3.2).

 

4. withdrawal from the Purchase Contract

4.1 Withdrawal from the Purchase Contract by the Buyer - consumer (Article 4.1 does not apply to the Buyer - entrepreneur)

4.1.1 The Buyer - consumer has the right to withdraw from the Purchase Contract without giving any reason and without any penalty within 14 days

1. a) from the receipt of the Goods by the Buyer or a third party (other than the carrier) designated by the Buyer, or
2. b) from the receipt of the last delivery of the Goods by the Buyer or a third party (other than a carrier) appointed by the Buyer in the case where the Buyer has ordered different Goods under one Order but the Seller has delivered them separately in two or more deliveries; or
3. c) from the receipt of the last item or part of the Goods by the Buyer or a third party (other than the carrier) appointed by the Buyer in the case where the Goods are delivered by the Seller in parts consisting of several items or parts.

4.1.2 In the event of withdrawal, the Buyer shall return the Goods with all accessories and complete documents (proof of purchase, instructions, warranty card) to the Seller at the Seller's registered office. In order to meet the withdrawal deadline, it is sufficient to send the withdrawal to the Seller before the expiry of the relevant deadline.

4.1.3 The recommended method of withdrawal from the Purchase Contract according to this Article 4.1. is a written withdrawal, sent either by regular mail to the delivery address specified in Article 1.1.2., or by e-mail to the Seller's electronic address specified in Article 1.1.2.; the form for withdrawal from the Purchase Contract in electronic form is included in these Terms and Conditions as an indivisible attachment, it can be downloaded or printed and sent to the Seller in the manner specified above in this Article. The Buyer shall receive the withdrawal form in text form as part of the confirmation of delivery of the Order pursuant to Article 2.3.1. The Buyer is not obliged to comply with the form provided in the withdrawal, but acknowledges that he is responsible for the content of the withdrawal so that it is considered valid.

4.1.4 In addition to other grounds provided for by applicable law (§ 1837 of the Civil Code), the Buyer is not entitled to withdraw from the Purchase Agreement, in particular:

(a) if the Goods delivered or an integral part thereof was a sound or visual recording or computer program or other copyrighted work and the Buyer has infringed its original packaging; b) if the subject of the purchase was Goods modified according to the Buyer's wishes or for his person, as well as Goods that are subject to rapid deterioration, wear and tear or obsolescence;

1. c) if the Goods delivered have been irretrievably mixed with other goods;
2. d) if the Goods have been delivered in sealed packaging but the Buyer has removed them from the packaging and it is not possible to return the Goods for hygienic reasons.

4.1.5 The Buyer is obliged to send the Goods to the Seller within 14 days from the date of sending the withdrawal to the Seller.

4.1.6 Goods returned by the Buyer as a result of withdrawal from the Purchase Contract shall be received by the Seller at the address specified in Article 1.1.2.

4.1.7 The costs of returning the Goods shall be borne by the Buyer, even if the Goods cannot be returned by the usual means due to their nature.

4.1.8 The Buyer shall not be liable in connection with the withdrawal from the Purchase Contract pursuant to Article 4.1 for the decrease in the value of the Goods as a result of handling the Goods in a manner necessary to become familiar with the nature and characteristics of the Goods, including their functionality. However, in the event that before the Goods are shipped to the Seller, the Goods are damaged, worn out (other than as necessary to familiarize with the Goods - as is usual when buying goods in a brick-and-mortar store) or partially consumed, the Buyer shall be liable to the Seller for the damage caused thereby, but not more than up to the price of the Goods. In such case, the Seller is entitled to set off its claim for compensation against the Buyer's claim for reimbursement of the price of the Goods. Damage to the Goods shall not be deemed to be damage to the original packaging resulting from the unpacking of the Goods.

4.1.9 If the Buyer withdraws from the Purchase Contract rightfully, the Seller is obliged to return the Purchase Price to the Buyer within 14 days from the delivery of the withdrawal, including the already paid shipping costs of the Goods corresponding to the cheapest method of delivery of the Goods offered by the Seller, in the same way as the Seller accepted them from the Buyer. The Seller shall be entitled to refund the purchase price paid by the Buyer in another way, but only if the Buyer agrees to this and no additional costs are incurred by the Buyer.

4.1.10 However, notwithstanding the time limit set out in Article 4.1.9, the Seller shall not be obliged to send the funds to the Buyer before the Buyer delivers the Goods to the Seller at the address referred to in Article 4.1.6 or before the Buyer proves to the Seller that he has sent the Goods to the Seller.

4.1.11 If the Buyer withdraws from the Purchase Contract in violation of Article 4.1.4, or if the Buyer wrongfully sends the Goods back to the Seller without a valid withdrawal from the Purchase Contract, the Seller shall notify the Buyer that the validity of the withdrawal has not been accepted and shall send the Goods back at the Buyer's expense.

 

4.1.12 The Buyer further acknowledges that, in addition to the claim for compensation for damages arising from the return of damaged, worn or partially consumed Goods pursuant to Article 4.1.8, the Seller is entitled to unilaterally offset against the Buyer's claim for reimbursement of the purchase price also the amount corresponding to the Seller's costs related to the receipt of the returned Goods (packaging).

4.1.13 If the Seller has provided the Buyer with a gift together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract pursuant to this Article 4.1 of the Terms and Conditions, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the Goods to the Seller.

4.2 Withdrawal from the Purchase Contract by the Buyer - entrepreneur

4.2.1 For the purposes of these Terms and Conditions, the persons referred to in Sections 420 and 421 of the Civil Code (regardless of whether they are natural or legal persons) are considered entrepreneurs.

4.2.2 The Buyer - entrepreneur shall be entitled to withdraw from the Purchase Contract for material breach thereof by the Seller, in particular if the Seller is in delay with delivery of the Goods for more than 14 days.

4.2.3 The withdrawal must be made in writing, in the withdrawal the Buyer shall indicate the order number (specified in the order confirmation) and the date of purchase.

4.2.4 In the event of a valid withdrawal from the Purchase Contract, the Seller shall refund the Purchase Price to the Buyer, if already paid prior to the withdrawal, by cashless transfer to the Buyer's account from which the Purchase Price was paid.

 

5. LIABILITY FOR DEFECTS, WARRANTY AND CLAIMS

5.1 Faultlessness of the Goods and quality requirements of the Goods

5.1.1 The Seller shall be liable to the Buyer for the Goods being free from defects on receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the Goods:

1. a) the Goods have the characteristics that the Seller has explicitly stated on the pages of the Online Store (usually in the description of the Goods) and which is stated in the Purchase Contract or in the Order, and in the absence of an agreement, such characteristics that the Seller or the manufacturer of the Goods has described or that the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,

(b) the Goods are fit for the purpose for which the Seller states on the Internet Shop pages (usually in the description of the Goods) or for which a thing of that kind is usually used,

(c) the Goods are supplied in the appropriate quantity, measure or weight; and

1. d) the Goods comply with the requirements of the law.

5.1.2 If a defect becomes apparent within twelve months of receipt, the Goods shall be deemed to have been defective on receipt.

 

5.2 Time limit for the exercise of defect rights, quality guarantee for the Buyer - consumer

5.2.1 The Buyer-Consumer is entitled to complain about a defect that occurs in the Goods within 24 (twenty-four) months of receipt.

5.2.2 If the Purchase Contract or the description of the Goods on the Internet Shop website states that the Goods are covered by a quality guarantee, or if the Goods are accompanied by a warranty statement (the so-called warranty certificate), the Seller hereby undertakes that the Goods will be fit for use for their usual purpose or retain their usual characteristics for a certain period of time. A guarantee of quality may also be given for an individual part of the Goods. The warranty period starts from the Buyer's receipt of the Goods. If the Goods are shipped to the Buyer, the warranty period shall run from the delivery of the Goods to their destination.

5.2.3 If the Purchase Contract and the Declaration of Warranty pursuant to Article 5.2.2 specify different warranty periods, the longest warranty period shall apply, unless a different warranty period is expressly agreed between the Seller and the Buyer. However, even an agreement on a shorter warranty period does not change the fact that the Buyer is entitled to complain about a defect within the period pursuant to Article 5.2.1, and a reduction of this period is ineffective (it is not taken into account).

5.2.4 The same effect as an express declaration of a guarantee of quality pursuant to Article 5.2.2 shall be given if the period of time during which the Goods may be used is indicated on the Goods sold, on their packaging, in the instructions accompanying the Goods or in advertising in accordance with other legal provisions.

5.2.5 The provisions of clauses 5.2.1 - 5.2.4 shall not apply, the guarantee of quality shall not apply and the Seller shall not be liable for:

1. a) for Goods sold at a lower price, for those defects for which the lower price of the Goods was agreed,
2. b) in the case of wear and tear of the Goods caused by their normal use,
3. c) in the case of a defect caused by improper use of the Goods, if this has led to their damage,
4. d) in the case of second-hand Goods, for defects corresponding to the level of use or wear and tear that the Goods had when taken over by the Buyer,
5. e) for defects caused by failure to comply with the instructions given by the manufacturer or distributor in the documentation for the Goods.

5.2.6 Other exclusions or limitations of the warranty are possible if the manufacturer or distributor of the Goods states them in their warranty conditions, but only if they are not contrary to Czech law.

 

5.3 Defective performance rights and quality guarantee for the Buyer - entrepreneur

5.3.1 The rights of the Buyer - entrepreneur from defective performance are governed by §§ 2099 - 2112 of the Civil Code.

5.3.2 The Seller shall provide the Buyer - entrepreneur with a guarantee for quality for the same duration as provided by the manufacturer or distributor of the Goods in the form of a warranty certificate or other express written statement of warranty, which is originally packaged together with the Goods and any other documentation; the warranty shall commence from the date so specified by the manufacturer or distributor. The Buyer-Business Owner hereby acknowledges that the mere indication of the warranty period or the expiry date of the Goods on the packaging or in advertising shall not have the effect of a guarantee of quality and the Seller shall disregard such statements. If the Goods are not accompanied by a warranty certificate, the Buyer shall claim rights from defects on the basis of the purchase document (invoice) issued by the Seller and shall only have rights from defective performance according to § 2099 - 2112 of the Civil Code.

5.3.3 If the length of the warranty period is indicated on the Internet Shop, this warranty period is intended only for Buyers - consumers, not for Buyers - entrepreneurs. Upon the Buyer - entrepreneur's request, the Seller will inform the length of the warranty period related to the specific goods before the conclusion of the Purchase Contract.

5.3.4 The provisions of Articles 5.2.2 to 5.2.4 on the scope and termination of the warranty shall also apply mutatis mutandis to the Buyer-Businessman. Further exclusions or limitations of the warranty are also possible if the manufacturer or distributor of the goods states them in their warranty conditions.

 

5.4 Claims

5.4.1 The Buyer is obliged to complain (notify) defects in the Goods at the Seller's address according to Article 1.1.2., as follows:

1. a) by sending a written complaint (complaint letter) by ordinary mail together with the Goods complained of, or
2. b) by handing over the Goods including the complaint letter in person at the Seller's premises.

 

5.5 Claims of the Buyer - consumer for defects in the Goods

5.5.1 The claims referred to in this Article 5.5 shall apply only to the Buyer-Consumer. The rights and obligations of the Buyer and the Seller with regard to rights arising from defective performance shall be governed by the applicable 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.

5.5.2 A defect in the Goods shall be deemed to be the delivery of Goods which do not have any of the required characteristics set out in Article 5.1.1.

5.5.3 Unless it is unreasonable due to the nature of the defect, the Buyer may require delivery of new Goods without defects, but if the defect concerns only a part of the Goods, the Buyer may require only replacement of the part. If this is not possible, the Buyer may withdraw from the Purchase Contract. The Buyer shall also have the right to delivery of new Goods or replacement of a component in the event of a removable defect if the Goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer also has the right to withdraw from the Purchase Contract. The Buyer may not withdraw from the Contract if the defect is insignificant; it shall be deemed that the defect is not insignificant. This means that the Seller must prove that the defect is insignificant.

5.5.4 If the Goods are defective in such a way that replacement with new Goods would be disproportionate due to the nature of the defect (in particular if the defect can be remedied without undue delay), the Buyer is only entitled to have the defect remedied free of charge by the Seller.      

5.5.5 If the Buyer does not withdraw from the Purchase Contract or does not exercise the right to the delivery of new Goods without defects or to the replacement of a part of the Goods (Article 5.5.3) or to the free repair of the Goods (Article 5.5.4), the Buyer may claim a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller is unable to supply new Goods free of defects, replace a part of the Goods or repair the Goods, or if the Seller fails to remedy the defect within a reasonable time or if it would cause the Buyer significant difficulties to remedy the defect.

5.5.6 The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the Goods that they had a defect (e.g. if it was explicitly and clearly stated in the description of the Goods in the Purchase Contract, or also on the pages of the Online Store), or the Buyer caused the defect himself.

 

6. Liability for damages

6.1 The Seller's liability for damage caused to the Buyer - consumer is governed by the applicable legislation, in particular the Civil Code.

6.2 If the Buyer - entrepreneur is a party to the Purchase Contract, the Seller is liable for damage caused by culpable breach of obligations under the Purchase Contract.

7. Personal data protection

7.1 This article enshrines the rules for the protection of the buyer's personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council - General Data Protection Regulation (hereinafter referred to as "GDPR"). The seller is governed by the GDPR when processing the buyer's personal data and processes personal data only in accordance with the GDPR.

7.2 When registering a user account and concluding a purchase contract, the buyer's personal data is transferred to the seller and subsequently processed by the seller.

7.3 The personal data that the seller will process about the buyer are his name, address, email, telephone number, date of birth and company registration number and tax identification number, if the buyer is the buyer.

7.4 The legal basis for the processing of personal data is the conclusion of the purchase contract and its performance.

7.5 Personal data will be processed by the seller for the duration of the contract, the duration of the warranty period and 10 years after the end of the warranty period as evidence against legal claims. Personal data that is required by applicable laws and thereafter will be processed for the period specified in applicable legal regulations. Personal data processed in connection with a user account will be processed for 10 years after the last login, unless the buyer cancels their account earlier.

7.6 The seller's employees and external processors - which are the seller's accountants, tax, legal and marketing advisors - will have access to personal data. The seller is also entitled to transfer the buyer's contact personal data for the purpose of transporting the goods to the carrier.

7.7 Personal data will be transferred to a third country or international organization only in the case of a data backup for the purpose of better protection of data and personal data against loss or destruction.

7.8 The buyer has the right to correct data or supplement personal data, request restriction, raise an objection or complaint against the processing of personal data, request data portability, access to their personal data, be informed of a personal data breach, deletion and other rights set out in the GDPR.

7.9 You may at any time file a complaint regarding the processing of personal data or the fulfillment of the controller's obligations under the GDPR with the supervisory authority. The supervisory authority in the Czech Republic is the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.

7.10 Further and detailed information on the protection of personal data is provided in the Personal Data Protection Policy, which the Seller is governed by. These policies also detail and describe the rights regarding the protection of personal data that can be used in connection with your personal data. The policies are available in the Personal Data Protection and GDPR document

 

8. final provisions

8.1 If the Buyer is a foreign entity, Czech law shall apply to the legal relationship arising from the Purchase Agreement or any other legal relationship arising in connection with the use of the services of the online store. At the same time, the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.

8.2 The Seller is authorized to carry out activities related to the operation of the Internet Shop on the basis of trade licenses and its activities are not subject to any other authorization.

8.3 The Buyer has the possibility to communicate any complaints to the Seller in written form or electronically via e-mail to the Seller's address specified in Article 1.1.2. However, the Buyer reserves the right not to respond to complaints from third parties who have not entered into a Purchase Agreement with the Seller.

8.4 Possibility of out-of-court dispute resolution

8.4.1 In the event of a dispute between the Buyer - consumer and the Seller arising from the Purchase Contract, the Buyer is entitled to submit a proposal for out-of-court dispute resolution to the Czech Trade Inspectorate in order to conclude an agreement with the Seller, using the contact details available on the website https://coi.gov.cz/en/. The submission of the proposal and the subsequent participation in the out-of-court dispute resolution is free of charge for the Buyer, while any costs incurred in connection with the out-of-court dispute resolution shall be borne by each party separately. The Buyer's choice of out-of-court dispute resolution is voluntary.

8.4.2 Out-of-court dispute resolution is governed by Section 20d et seq. of Act No. 634/1992 Coll. on Consumer Protection. The application for initiation of an out-of-court procedure must contain the elements pursuant to Section 20n of Act No. on consumer protection. The application for out-of-court dispute resolution may be filed no later than within 1 year from the date when the Buyer first filed a claim with the Seller which is the subject of the dispute (e.g. from the moment of the first complaint of the goods or from the moment of the request for the refund of the purchase price after a valid withdrawal from the contract in the event of the Seller's delay in returning it).

8.4.3 Buyers residing in another EU Member State, Norway or Iceland are entitled to submit a request for out-of-court settlement of their dispute with the Seller through the European Consumer Centre in their country of residence; a list of the relevant Consumer Centres is available on the European Commission's website under https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en.

8.5 Should any provision of these Terms and Conditions be invalid or ineffective for any reason, this shall not render the other parts of the Terms and Conditions or the Purchase Agreement invalid or ineffective.

 

8.6 This version of the Terms and Conditions is effective from 06.01.2023

 

 Annex to the Terms and Conditions:

 

1. Information

 

of the operator of the Beats for Love online store on exercising the right of withdrawal (within the meaning of Government Regulation No. 363/2013 Coll.)

Sample instruction on the consumer's right to withdraw from the purchase contract under which goods were delivered to you according to your order in the Beats for Love online store

 

1.1 "Within 14 days you have the right to withdraw from the purchase contract without giving a reason" (the 14-day period will start depending on the date of receipt of the goods according to the rules set out in point 1.2 below). "However, in certain cases you do not have the right to withdraw from the purchase contract without giving a reason - these cases are set out in the legislation and in article 4.1.4 of the Terms and Conditions of the Beats for Love online shop (hereinafter referred to as the "Terms and Conditions").

 

1.2 "You have the right to withdraw from the contract within 14 days from the day after,

1. a) when you or a third party appointed by you (other than the carrier) take delivery of the goods, or

(b)when you or a third party appointed by you (other than the carrier) take delivery of the last delivery of the goods (in the case of a contract of sale relating to different goods ordered by you under one order and delivered separately - in two or more separate deliveries), or

(c)when you or a third party appointed by you (other than the carrier) take delivery of the last item or part of the goods." (in the case of a contract for the supply of goods consisting of several items or parts).

1.3 "In order to exercise your right of withdrawal, you must inform the operator of the Beats for Love online shop of your decision to withdraw from this contract at the contact details set out in Article 1.1.2 of the Terms and Conditions, whereby the withdrawal information must clearly identify the purchase contract and the withdrawing consumer, the date of conclusion of the purchase contract, the order/purchase contract number, the identification of the goods, and your wish to withdraw from the contract.

You may use the attached sample withdrawal form, but you are not obliged to do so."

1.4 "In order to comply with the withdrawal period, it is sufficient to send a notice of exercise of the right to withdraw from the purchase contract before the expiry of the relevant period."

 

2. Consequences of withdrawal

2.1 "If you withdraw from the Purchase Contract, we will refund all payments we have received from you, including delivery costs, without undue delay, and no later than 14 days from the date we are informed of your decision to withdraw from the Contract (except for additional costs incurred as a result of your chosen method of delivery which is different from the cheapest standard delivery method offered by us ). We will use the same means of payment you used to make the initial transaction for the refund, unless you have expressly stated otherwise. In any case, you will not incur additional costs."

"We may wait to refund your payment until we receive the returned goods or until you prove that you have sent the goods back, whichever is sooner."

2.2 If you have already received the goods under the contract of sale, we provide information here regarding their return in connection with the withdrawal from the contract of sale:

(a) Receipt of the goods

"You shall return the goods without undue delay, within 14 days of the date on which you notify us that you are withdrawing from the purchase contract, or hand them over to Oriental.cz, Výškovická 3085/2, 70030 Ostrava 3.

1. b) Costs associated with the receipt of the goods

"You will bear the direct costs of returning the goods."

1. c) Liability for diminished value of returned goods

"You are only liable for any diminution in value of the goods as a result of handling the goods in a manner other than that necessary to familiarise yourself with the nature and characteristics of the goods, including their functionality."

"Further information regarding the cancellation of the contract of sale under which the goods were sent to you pursuant to this order is set out in Article 4.1 of the Terms and Conditions. These provisions of the Terms and Conditions are without prejudice to the contents of this model notice."

"The information and rights set out in this model notice apply only to the consumer purchaser."

 

 Sample form for withdrawal from the purchase contract

(fill in this form and only send it back if you want to withdraw from the contract)

 

Notice of withdrawal

Oriental.cz

Výškovická 3085/2

700 30 Ostrava 3

 

I/We hereby notify (*) that I/We hereby withdraw (*) from the contract of purchase of these goods:

 

 

 

Date of order (*)/date of receipt (*)

 

Name and surname of consumer(s)

 

Address of the consumer(s)

 

Account number (foreign customers also IBAN, SWIFT):

 

Signature of consumer(s) (only if this form is sent in paper form)

 

Date

 

(*) Delete where not applicable.