TERMS AND CONDITIONS
These trading conditions are used when purchasing in online shop www.dufflecoatshop.pl. These conditions establish rights and responsibilities of the supplier Antonina Tovpeko, PSRN: 04199081, VAT: CZ8653191426, address: Belehradska 857/23, 120 00 Praha- Vinohrady, Czech Republic. The Supplier guarantees Customers that all and any consumer rights will be ensured according to the legislation of the Czech Republic including existing relevant provisions of the Civil Code (No. 40/1964 of the Collection of Laws) and of the Consumer Protection Act (No. 634/1992 of the Collection of Laws). If an entrepreneur is a contracting party, the relationships which are not defined by the terms of trade and which concern the entrepreneur are regulated by the Commercial Code, No. 513/1991 of the Collection of Laws, all in the wording of amendments.
Consumer contract is a sales contract, a work contract or another contract, if contracting parties are a consumer on the one hand and a supplier on the other hand.
Supplier/trader is a party, who during the conclusion and implementation of a contract acts within their commercial or other business activity. It is an entrepreneur, who directly or through other entrepreneurs supplies goods or provides services. A client of our online shop is a customer. On the basis of the current legislation there is a difference between a customer who is at the same time a consumer and a customer who is not a consumer.
A customer and a consumer is a party, who during the conclusion and implementation of a contract does not act within their commercial or other business activity. It is a natural or legal person who buys goods or uses the services for a purpose other than for business with these goods and services.
A customer who is not a consumer is an entrepreneur who buys goods or uses the services for the purposes of their business with these goods or services. Trading conditions apply to this customer to the extent which is defined by the Commercial Code.
A sales contract — order of a customer — is a proposal to conclude a sales contract, and the sales contract is concluded after submitting of a mandatory acceptance by a customer / compulsory confirmation of the order on the side of the supplier. Since then mutual rights and obligations pertain between a customer and a supplier.
After concluding of a sales contract a customer is obliged to follow the trading conditions and a customer agrees with them. Attention of the customer was drawn to this fact before shipment of an order, otherwise the present trading conditions are not to enforce.
Ordered goods are delivered by the contract transport service GLS or by Czech Post. Mode of transport is defined by the supplier, who always chooses the most advantageous delivery method for the item. Delivery is carried out as soon as possible depending on availability of an item in storage, usually it takes 2 — 5 working days, in exceptional cases delivery time can be longer. A place of receipt is defined on a customer request. A supply is considered to be delivered when an item comes to the indicated address. Delivery to the destination address is ensured by the seller. When receiving goods from the transport service or in a post office, always check carefully integrity of packaging material. If the package is damaged, provide this information in a delivery notification of the transport service or post. A package with an item contains a tax deed (an invoice). In case of payment on delivery a tax deed will be sent by e-mail after receiving payment to the bank account of the seller.
Period of validity of an offer or prices remain in force until the goods are sold out.
By the transport service GLS or by Czech Post by agreement. If you use the transport service GLS, you can track your parcel. On the website www.gls-group.eu enter into the field the number of your parcel, which will be sent to you after shipping off your parcel.
If the parcel is delivered by the transport service GLS, a driver will let you know in advance by telephone or by sending an SMS about approximate delivery time. Therefore we ask you about cooperation and availability of your mobile phone during the time when you are awaiting delivery of the parcel.
TERMS OF PAYMENT
A condition of payment is payment by cash during the transmission of an ordered item or an opportunity of using other methods of payment, which are listed below.
All the prices are indicated with VAT.
All the goods are delivered with a tax deed (in case of payment on delivery a tax deed is sent after receiving payment to the account of the seller). Until full payment is made the goods remain entirely a property of the seller.
METHODS OF PAYMENT
A payment on delivery when sending by the transport service GLS. Payment by means of money remittance. The goods can be paid by a usual money remittance to our account in any bank or by PayPal. After placing an order you will receive to your e-mail a letter about availability of goods, and we will send you information about the payment (account number, sum and a variable symbol — your order number). The goods will be sent after payment is credited to our account.
A seller sends goods within 2 working days after receiving confirmation of payment.
When concluding a sales contract a customer gives an agreement to a seller for processing of their contact details until they refuse this processing in written form. Contact details provided by a customer when placing an order are used only for our needs and will not be provided to other organisations.
Cancellation of an order by a customer. A customer has a right to cancel an order at any time before shipping an item off without any sanctions. To e-mail address: email@example.com
REPUDIATION OF A CONTRACT BY A CUSTOMER
In accordance with the article 53 (7) of the Civil Code a client has a right to repudiate of a contract within 14 days from the date of goods receipt. If s/he decides to repudiate within that period and observes the following conditions, s/he will receive the amount paid:
Send a letter to e-mail firstname.lastname@example.org with the text: “I want to repudiate unilaterally of the contract from DD/MM/YY, No. (order number) and I demand the whole refund of the sum paid for the item to the account (please, enter the number of your bank account).” Date and signature.
Send the item back to the address: U Pruhonu 32, office 206, Praha 7, 170 00, Czech Republic.
The items which you will send back to our address under this guarantee should be in the original undamaged package, should not have any evidence of use, should be undamaged and complete (including accessories). Do not use cash on delivery. We recommend you to insure the delivery item.
Under the above-mentioned conditions money for the item will be transferred to your account no later than within 10 days after physical receipt of goods.
In case of non-compliance with some of the above-mentioned conditions, unfortunately, we cannot accept repudiation of a consumer contract, and the goods will be sent back at the expense of a sender.
A customer may not repudiate of a concluded contract within the meaning of the article 52 paragraph 7 of the Civil Code:
for the provision of services, if their performance was begun with their consent before the expiration of 14 days from the receipt,
for the supply of goods or the provision of services, cost of which depends on the financial market, regardless of the supplier’s will,
for the supply of goods processed at the requests of a customer or for their face, including goods which can be rapidly deteriorated, worn out or which can rapidly outdate.
REPUDIATION OF A CONTRACT BY A SUPPLIER/SELLER
A seller has a right to repudiate of a contract concluded with a customer in whole or in part if:
-an item which is a subject matter of a contract is no longer produced or supplied
-or if the price of suppliers of the item which is a subject matter of a contract has changed significantly.
Should this situation arise, a seller will immediately contact a customer in order to agree the further steps. If a customer has already paid a part of or full amount of the purchase price, this sum will be transferred back to their account or address as soon as possible.
LIABILITY FOR DEFECTS OF GOODS — GUARANTEE
The guarantee period begins with the receipt of goods by a customer. A consumer is obliged to check the goods right after receipt. If damage is found, a customer should write a declaration of damage, and a seller is obliged to provide an appropriate discount or supply another undamaged item. Later claims on mechanical damage of goods cannot be accepted.
Sale of consumer goods has statutory warranty period 24 months. The guarantee does not cover natural wear of an item (or its parts) through the use of the item. Therefore a shorter life period cannot be considered a defect, and a customer may not make claims.
WHEN USING A GUARANTEE A CONSUMER HAS RIGHTS
If a defect can be repaired:
-a right to free, proper and timeous repairing of the defect, a right to replacement of defective goods or defective part, if it is not disproportionate because of nature of a defect or, if this procedure is impossible, a right to an appropriate discount on the purchase price or to repudiation of a sales contract.
If a defect cannot be repaired and it prevents proper use of goods:
-a right to replacement of defective goods or repudiation of a sales contract.
If there is a plenty of amendable defects or if they arise multiple times and hinder proper use of goods:
-a right to replacement of defective goods or repudiation of a sales contract.
If other defects cannot be repaired and goods are not eligible to be replaced:
-a right to an appropriate discount on the purchase price or to repudiation of a sales contract.
The guarantee period for all customers who use the product for business purposes with this product is not prescribed by the Civil Code, and it is established by a concrete importer or producer.
ABOLITION OF A SALES CONTRACT IN ACCORDANCE WITH THE ARTICLE 616 OF THE CIVIL CODE
If a defect arises during the first 6 months from the date of receipt of goods, this defect is considered to be existing at the time of receipt of goods, unless proved otherwise or unless it conflicts with the nature of goods. If the goods received by a customer do not conform to a sales contract (so called contradiction to a sales contract), a customer has a right to have goods brought free and without undue delay into a condition conforming to a sales contract by means of repair by a seller; if this procedure is impossible, a customer may demand an appropriate discount of the price of goods or repudiate of a sales contract. It does not apply, when a customer had known about a defect before s/he received goods or if s/he caused the defect. A defect which arose during the first six months from the date of receipt of goods is considered to be a defect which had already existed upon the receipt, unless it conflicts with the nature of goods or unless proved otherwise. In case of contradiction to a sales contract a consumer has a right to so called repairment as follows:
by means of free bringing of consumer goods into a condition conforming to a sales contract by means of repair
by means of appropriate reduction of the purchase price
by means of delivery of goods’ replacement
by means of repudiation of a contract
Primarily, a consumer can ask a seller for a free repairment or free delivery of goods’ replacement. If choice of a consumer cannot be satisfied, s/he can ask for an appropriate discount or repudiate of a contract.
RECLAMATION (REGARDING LIABILITY FOR DEFECTS)
will be satisfied without undue delay no later than 30 calendar days from the date of claim, if a seller and a customer have not agreed otherwise. After that date a consumer has the same rights, as if the defect could not be repaired. The seller who has sold an item is liable for the defects.
The guarantee period begins from the date of receipt of goods.
Reclamation of goods is regulated by relevant provisions of the Civil Code and by the Consumer Protection Act. In case of finding of a defect of goods which cannot be repaired (on the basis of written decision of authorized service center if it is necessary because of the nature of a product) these goods will be replaced with one and the same item or the already paid amount will be sent back.