TERMS AND CONDITIONS
based in Do Zámostí 920/100, Černice, 326 00 Plzeň
ID number: 05866880
VAT number: CZ05866880
registered in the Commercial Register kept by the Regional Court in Plzen, Section C, File 34199
for the sale of goods through the on-line shop located at www.monilu.eu
- INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of MoniLu sro, registered office Do Zámostí 920/100, Černice, 32600 Plzeň, identification number: 05866880, registered in the Commercial Register kept by the Regional Court in Plzen, Section C, File 34199 , dealing mainly with the sale of ready-made and custom-made baby carriers and related goods, (hereinafter referred to as the “Seller”), govern in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) and obligations of the Contracting Parties arising out of or arising from:
- a) purchase contract in case of sale of finished baby carriers or other goods in section e-shop
- b) purchase contract in case of making a baby carrier made to measure
(hereinafter referred to as the "Contract") concluded between the Seller and the Customer (hereinafter referred to as the “Customer”) through the Seller's online store. The Seller operates the online store on the website located on the Internet address www.monilu.eu (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Web Interface”).
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal person or a person who acts in ordering goods in the course of his business activity or in the course of his / her independent profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Contract. Divergent provisions in the Contract shall take precedence over the provisions of the Terms and Conditions. The provisions of the Terms and Conditions form an integral part of the Contract. The Contract and the Terms and Conditions are written in English. The Contract can be concluded in English.
1.4. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
- USER ACCOUNT
2.1. Based on the Customer's registration on the Website, the Customer may access its user interface. From its user interface, the Customer may order goods (hereinafter referred to as "User Account"). If the Web Interface allows it, the Customer may also order goods without registration directly from the Web Interface.
2.2. When registering on the Website and ordering goods, the Customer is obliged to provide all information correctly and truthfully. The Customer is obliged to update the data stated in the User Account upon any change thereof. The data provided by the Customer in the User Account and when ordering goods are considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. Customer is obliged to maintain confidentiality regarding the information necessary to access its User Account.
2.4. The Customer is not entitled to allow the use of the User Account by third parties.
2.5. The Seller may cancel the User Account, especially if the Customer has not used his User Account for more than one year or if the Customer breaches his obligations under the Contract (including the Terms and Conditions).
2.6. The Customer acknowledges that the User Account may not be available at all times, especially with respect to the necessary maintenance of the Seller's hardware and software equipment, or, as the case may be, necessary maintenance of third party hardware and software.
- CONCLUSION OF THE CONTRACT
3.1. Presentations of the goods placed in the Web Interface of the store are of an informative character and the Seller is not obliged to conclude an Contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The Web interface of the store contains information about the goods, including the prices of the individual goods. Prices of goods include all related fees. Prices of goods include VAT. The prices of the goods remain valid as long as they are displayed in the Web Interface. This provision does not limit the Seller's ability to conclude the Contract under individually negotiated conditions.
3.3. The store Web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods listed in the Web Interface is valid only in cases where the goods are delivered within the provided territories (EU countries, UK & Ireland).
3.4. To order goods, the Customer shall complete the order form in the Web Interface of the Store. The order form contains information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the Web Interface of the Store),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.4.4. in the case of ordering custom production, the Customer is obliged to give all details as detailed as possible in a note. A later change is possible only after prior electronic or telephone agreement with the Seller. The Seller is entitled not to accept this change.
3.5. Before sending the Order to the Seller, the Customer is allowed to check and change the data entered in the Order, also with regard to the possibility of the Customer to detect and correct errors arising when entering data into the Order. The Customer sends the order to the Seller by clicking on the "Order" button. The data listed in the order are deemed correct by the Seller. Upon receipt of the Order, the Seller shall confirm the receipt by e-mail to the Customer's e-mail address specified in the User Account or in the Order (hereinafter referred to as “Customer's E-mail Address”) immediately. Confirmation of receipt of the Order is sent automatically.
3.6. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs, possible uncertainties in custom manufacturing), the Seller is always entitled to ask the Customer for additional confirmation of the Order (e.g. in writing or by telephone). If the Customer does not subsequently confirm the Order, the Seller is entitled to reject the Order.
3.7. The contractual relationship between the Seller and the Customer arises upon confirmation of the acceptance of the order by the Seller, which is sent by the Seller to the Customer by e-mail to the Customer's E-mail Address.
3.8. The Customer agrees to use the means of distance communication when concluding the Contract. The costs incurred by the Customer when using the means of distance communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls) shall be borne by the Customer himself.
- PRICE OF GOODS AND PAYMENT TERMS
4.1. The Customer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the Contract in the following ways:
- by bank transfer to the Seller's account no. 2801184929/2010, IBAN CZ8520100000002801184929, SWIFT FIOBCZPPXXX, maintained by Fio banka, as. (“Seller's Account”);
- electronically (by card, on-line bank transfer) via payment gateway
4.2. Together with the purchase price, the Customer shall also pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Customer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.4. of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cashless payment, the purchase price is due by:
- a) 5 days from the conclusion of the Contract in the case of payment by bank transfer;
- b) immediately if an online payment gateway is used.
For more information about payment terms, see the "Delivery and Payment" section.
4.5. In case of bank transfer payment, the Customer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of a cashless payment, the Customer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
4.6. Any discounts on the price of goods provided by the Seller to the Customer cannot be combined.
4.7. If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Customer a tax document - invoice concerning payments made under the Contract. The Seller is a payer of value added tax. The Seller shall issue the invoice to the Customer after paying the price of the goods and sending the goods to the Customer / collecting the goods by the Customer and sending it in electronic form to the Customer's electronic address.
- WITHDRAWAL FROM THE CONTRACT
5.1. The Customer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the Contract for the Supply of goods which has been modified according to the Customer's wishes or for him / her, or goods, that the Customer has removed from the packaging and cannot be returned for hygiene reasons.
5.2. If it is not the case referred to in Article 5.1 of the Terms and Conditions or any other case in which the Contract cannot be withdrawn, the Customer has the right to withdraw from the Contract within fourteen (14) days in accordance with Section 1829 (1) of the Civil Code from the takeover of the goods, and in the event that the subject of the Contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Contract must be sent to the Seller within the period specified in the previous sentence. Withdrawal from the Contract may be sent by the Customer to, inter alia, MoniLu s.r.o., Plzenska 122/20, Beroun, 26601, Czech Republic or the Seller's e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Contract shall be canceled from the beginning. The goods must be returned by the Customer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Contract to the Seller. If the Customer withdraws from the Contract, the Customer shall bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by their normal postal nature due to their nature.
5.4. In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds, including delivery costs, received from the Customer within fourteen (14) days of the withdrawal by the Customer in the same manner as the Seller accepted them. The Seller is also entitled to return the performance provided by the Customer at the time of returning the goods by the Customer or otherwise, if the Customer agrees and the Customer does not incur additional costs. If the Customer withdraws from the Contract, the Seller is not obliged to return the received funds to the Customer before the Customer returns the goods or proves that the goods have been sent to the Seller.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the Customer's claim for refund of the purchase price.
5.6. In cases where the Customer has the right to withdraw from the Contract in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Contract at any time until the Customer receives the goods. In such a case, the Seller shall return the purchase price to the Customer without undue delay, by bank transfer to the account specified by the Customer.
5.7. If a gift is provided to the Customer together with the goods, the gift contract between the Seller and the Customer is concluded with the proviso that if the Customer withdraws from the Contract, the gift contract for such a gift expires and the Customer is obliged to return the provided gift together with the goods to the Seller.
5.8. The possibility of a partial return of goods within 14 days does not apply to purchases in action with a volume discount. In order to withdraw from the Contract according to Article 5.2 of the Terms and Conditions, it is necessary in this case to return the complete order, ie. all ordered products within the obtained volume discount. This Article 5.8 does not apply to standard volume discount of wholesale partners.
- TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the mode of transport is negotiated based on a special request of the Customer, the Customer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Contract to deliver the goods to the place specified by the Customer in the Order, the Customer is obliged to take over the goods upon delivery.
6.3. In the event that for reasons on the Customer site it is necessary to deliver the goods repeatedly or in any other way than specified in the order, the Customer is obliged to pay the costs associated with the repeated delivery of goods, respectively costs associated with other delivery methods.
6.4. Upon receipt of the goods from the carrier, the Customer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a breach of the packaging proving unauthorized entry into the consignment, the Customer does not have to accept the consignment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by special delivery terms of the Seller, if issued by the Seller.
6.6. Transportation costs for covered locations are provided in “Delivery and Payment” material (in "Shopping cart" in detail for selected country).
- RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
7.2. The Seller shall be liable to the Customer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Customer that at the time the Customer has received the goods:
7.2.1. the goods have the properties agreed by the parties and, in the absence of an agreement, the goods have the properties described by the Seller or expected by the Customer with respect to the nature of the goods,
7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,
7.2.3. the goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are of an appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal requirements.
7.3. The provisions specified in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear of the goods caused by its normal use, in the case of used goods, a defect corresponding to the level of use or wear that the goods had upon receipt by the Customer, or if this is due to the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The Customer is entitled to exercise the right from the defect that occurs in the consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance are exercised by the Customer at the Seller at Plzeňská 122/20, Beroun, Czech Republic, where acceptance of a claim is possible with respect to the assortment of goods sold.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The customer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Customer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
8.3. Consumer complaints are handled by the Seller via the e-mail address email@example.com. The Seller shall send information on the settlement of the Customer's complaint to the Customer's email address.
8.4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
8.6. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The customer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
- PERSONAL DATA PROTECTION
9.1. The Seller is entitled to process personal data only to the extent and under the conditions stipulated in the Purchase Contract, as amended by the Terms and Conditions and in accordance with applicable laws. The Seller is the administrator of personal data within the scope of this Article of the Terms, as the Seller determines the purpose and means of personal data processing. The Seller undertakes to inform the Customer of any changes concerning the processing of personal data through the website www.monilu.eu.
9.2. The Seller shall process personal data in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), Act No. 101 / 2000 Coll., as amended, Act No. 480/2004 b., on certain information society services, Act No. 127/2005 Coll., on electronic communications and other legal regulations regulating the protection of personal data.
9.3. The Seller is entitled based on the legal title (legitimate interest in the performance of the purchase contract) from the Customer to obtain and process the Customer's data, such as name, surname, address, telephone number, e-mail address, bank account number, payment history and contact information with Customer for the purposes of:
- orders, conclusion and performance of the Contract, its changes or termination;
- compliance with the legal obligation of the administrator;
- invoicing, receipt and registration of payments and records of receivables;
- drawing up a list of customers;
- manage Customer-related data or data received from the Customer;
- processing of Customer's queries;
- handling complaints and other submissions of the Customer;
- combating fraud and defaulters, creditworthiness reviews;
- market research;
- (direct) marketing needs;
- presentation of other services or products to the Customer;
- protection of the rights and interests protected by the administrator.
The Customer also agrees to process the date of his / her birth, the name of the child and the date of birth if provided to the Seller with such optional data.
9.4 The customer acknowledges that the provision of personal data is voluntary. Notwithstanding the foregoing, the Customer also acknowledges that failure to provide personal data to the extent required when ordering goods and services does not permit the conclusion of a Purchase Contract. The Customer acknowledges that he / she is obliged to provide his / her personal data (upon registration, in his / her user account, when ordering from the web interface of the shop) correctly and truthfully and that he / she is obliged to inform the Seller of any change in his / her personal data.
9.5. Upon the Customer's consent, the Seller is entitled to process his / her personal data to the extent necessary for the purpose of offering the Seller's services and products, disseminating other commercial communications and for marketing purposes. For this purpose, the Seller may also use so-called cookies (small files that are stored on the Customer's computer) when visiting the Seller's website if the Customer declares in the manner stated on the website that he has no objection to it. For functional or technical cookies (e.g. for remembering orders made etc.) no consent is required.
- SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. Customer agrees to receive information related to Seller's goods, services or business to Customer's email address and further agrees to receive commercial communications by Seller to Customer's email address.
10.2. The Customer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the Seller's obligations under the Contract without depositing so-called cookies on the Customer's computer, the Customer may at any time withdraw the consent under the preceding sentence.
11.1. It may be delivered to the Customer's email address.
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- FINAL PROVISIONS
14.1. The Contract relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
14.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
14.3. The Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
14.4. Seller's contact details:
delivery address: MoniLu s.r.o., Plzenska 122/20, Beroun, 26601, Czech Republic
email address: firstname.lastname@example.org,
phone +420 732 769 291.
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These Terms and Conditions are valid as stated with effect from 5.3.2020.