1. Introductory provisions
1.1. These general business terms and conditions (hereinafter the “Conditions”) of the company EMBLEMM CZ s.r.o., with the registered office at Černilov 71, 503 43, Černilov, Company ID: 06605095 (hereinafter the “Seller”) govern the mutual rights and obligations of the contracting parties concluding a purchase contract between the Seller and another natural or legal person (hereinafter the “Buyer”) the online shop (hereinafter the “e-shop”) which is to be found at: https://www.emblemm.com (hereinafter the “website”).
1.2. The Conditions shall not apply to cases when a person who intends to purchase goods from the Seller acts, while ordering goods, as a part of their business activities – these business cases are governed by the general legislation for purchase contract included in Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”).
1.3. Displaying of the goods on the website is not to be considered an offer within the meaning of the provision of Section (§) 1732 paragraph 2 of the Civil Code.
2. Buyer registration
2.1. Based on the buyer registration carried out on the website (hereinafter the “registration“), the Buyer may access their user interface. From their user interface, the Buyer may carry out orders of the goods (hereinafter the “user account“).
2.2. The Buyer may carry out orders of the goods without Registration as well – directly on the e-shop website. In such case, the Seller shall generate a random username and password that shall be sent to the Buyer email address provided at the order.
2.3. Access to the user account is secured by a username and a password. The Buyer is obliged to maintain confidentiality concerning the information necessary to access their User account as well as caution regarding keeping this information safe. The Buyer is obliged to use the user account personally and is not authorized to enable third parties to use the user account.
2.4. While ordering goods, the Buyer is obliged to provide all details in a correct and truthful manner. The Buyer is obliged to update the user account should there be any change in the details provided. The details provided by the Buyer at the moment of the order shall be considered correct by the Seller.
3. Order and conclusion of purchase contract
3.1. The e-shop features a list of goods offered for sale by the Seller including prices of the individual products. All prices of the goods on offer are given including value added tax. The offer for the sale of the goods as well as the prices remain valid for as long as they are displayed in the e-shop website interface. All offers for the sale of the goods presented in the e-shop web interface are non-binding and the Seller is not obliged to conclude a purchase contract regarding these goods.
3.2. Information on delivery costs given in the e-shop web interface only applies in cases where the goods are delivered within the territory of the Czech Republic.
3.3. To order goods, the Buyer shall add the goods to the shopping cart and follow further instructions given in the purchase process. The Buyer shall fill in the order form which contains particular information about the option of logging in of the current customer as well as the delivery details of the Buyer.
3.4. After the confirmation of the details provided in the order form, the Buyer shall be invited to enter the payment method of the goods purchase price.
3.5. After confirming the payment method of the goods purchase price and before sending the order to the Seller, the Buyer shall be given a possibility to check and modify the details entered in to the order even with regard to the option to detect and correct errors made when entering data into the order (hereinafter collectively referred to as the “order“).
3.6. The order shall be sent to the Seller by the Buyer clicking the “Send the order” button. The details entered into the order shall be considered accurate by the Seller. The Seller shall immediately, upon receipt of the order, confirm to the Buyer accepting of the order, by sending an email the Buyer’s email address provided in the order (hereinafter the “Buyer’s email address“).
3.7. The contractual relationship between the Seller and the Buyer is established at the moment of delivery of the confirmation (acceptance) of the order sent by the Seller to the Buyer electronic mail the Buyer’s email address.
3.8. The Buyer agrees to the use of remote communication tools for conclusion of the purchase contract. The costs incurred by the Buyer in connection with the use of remote communication tools in order to conclude the purchase contract (Internet connection costs, telephone charges) shall be paid by the Buyer themselves.
4. Price of goods, terms of payment and delivery
4.1. The price of the goods and potential costs associated with the delivery of the goods may be paid to the Seller by the Buyer using the payment method specified by the Seller on the website. Along with the purchase price, the Buyer is obliged to pay to the Seller any costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall hereinafter be understood as including costs associated with the delivery of the goods.
4.2. In the case of cash on delivery payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 5 days from the purchase contract conclusion. In the case of non-cash payment, the Buyer is obliged to pay the purchase price together with indicating the variable symbol of the payment. In the case of the non-cash payment, the Buyer’s obligation to pay the purchase price shall be fulfilled at the moment when the given amount is credited to the Seller’s account.
4.3. No potential discounts from the price of the goods provided by the Seller to the Buyer may be combined.
4.4. The goods are delivered by the parcel service selected.
4.5. Upon receipt of the goods from the shipper, the Buyer is obliged to examine whether the packaging of the goods is intact and in the case of any defects, immediately notify the shipper. In the case the package is found damaged indicating an unauthorized intrusion into the parcel, the Buyer may refuse to accept the parcel from the shipper. By signing the delivery note, the Buyer confirms that the parcel with the goods met all conditions and requirements and that no later complaints regarding the damaged packaging of the parcel may be accepted.
5. Withdrawal from the purchase contract
5.1. The Buyer acknowledges that in accordance with the provision of Section (§) 187 of the Civil Code, it is not possible to withdraw from the purchase contract for, inter alias, the delivery of goods adjusted according to the Buyer’s wish.
5.2. Apart from the case referred to in Article 5.1 or any other case where withdrawal from the purchase contract is not possible, the Buyer is entitled, in accordance with the provisions of Section (§) 1829 paragraph 1 of the Civil Code, to withdraw from the purchase contract within fourteen (14) days from receipt of the goods (within 30 days if you are a member of our loyalty club). The purchase contract withdrawal period shall be considered observed, if the Buyer, in the course of that period, sends a withdrawal notice to the Seller. The notice of withdrawal from the purchase contract may be sent by the Buyer to, inter alias, the address of the Seller’s place of business or to the Seller’s email address. For withdrawal from the purchase contract, the Buyer may also use the sample form provided by the Seller that is attached to these Conditions. The notice of withdrawal from the purchase contract may be handed over by the Buyer to the Seller within the above mentioned period in any of the Seller’s stores located in the territory of the Czech Republic where the purchased goods may be returned as well.
5.3. In the case of the contract withdrawal pursuant to Article 5.2 of the Conditions, the purchase contract becomes void. The goods must be returned to the Seller within ten (10) working days from the dispatch of the contract withdrawal notice to the Seller. The goods must be returned to the Seller undamaged and not worn out and, if possible, in the original packaging.
5.4. Within a period of ten (10) days from returning the goods by the Buyer pursuant to Article 5.3 of the Conditions, the Seller is authorized to examine the returned goods, in particular to determine whether the returned goods have not been damaged or worn out.
5.5. The costs associated with returning goods in the case of contract withdrawal pursuant to Article 5.2 of the Conditions shall be borne by the Buyer.
5.6. In the case of the contract withdrawal pursuant to Article 5.2 of the Conditions, the Seller shall return the purchase price as a non-cash payment to the account specified by the Buyer, or alternatively in cash by a postal order or otherwise, based on a mutual agreement, but not later than fourteen (14) days from the contract withdrawal (within 30 days if you are a member of our loyalty club). The Seller is not, however, obliged to return received funds to the Buyer until the Buyer hands over the goods to the Seller or demonstrates that the goods have been dispatched to the Seller.
5.7. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller is entitled to the incurred damage reimbursement from the Buyer. The Seller’s claim for compensation of damage incurred may be unilaterally counterbalanced against the claim of the Buyer for the return of the purchase price.
6. Liability for defects, warranty
6.1. The rights and obligations of the contracting parties concerning the liability of the Seller for the defects, including the warranty liability, shall be governed by relevant generally binding regulations (particularly the provisions of Section (§) 2158 et seq. of the Civil Code).
6.2. The Seller shall be liable to the Buyer for the compliance of the sold goods with the concluded Contract, in particular, them being without defects. The compliance with the Contract shall be understood as the sold item bearing the quality and properties required by the Contract, described by the Seller, or the quality and properties expected on the basis of the advertisements carried out by the Seller, or the quality and properties common for the item of a given kind; as meeting the requirements of legal regulation, being of a proper amount, measure or weight and corresponding to the purpose that the Seller claims for it or that the item is commonly used for.
6.3. The Seller shall provide a warranty on the goods for the period of 24 months unless stated otherwise on the goods or in the warranty card. The warranty period shall start running from the moment of handing over the goods to the Buyer; if the goods were dispatched according to the Contract, the period shall start running from the moment of reaching the place of performance. The warranty period shall be suspended from the moment a warranty claim is made until the Buyer is obliged to receive the goods after the claim is settled. If the claim procedure results in replacement of the claimed product, the warranty period shall start running again after receipt of the new goods. In the case of replacement of defective part, the new warranty period shall apply solely to the replaced part of the goods.
6.4. The claim must be made without unnecessary delay, immediately after the defect has been discovered. A potential delay while continuing to use the goods may cause deepening of the defect, deterioration of the goods and may be the reason why the claim is rejected.
6.5. The notice of claim must be accompanied by the supporting document proving receipt of the goods, or alternatively by the warranty card provided it was issued, by the goods themselves in completed state, cleaned, devoid of any stains and hygienically unobjectionable and the claimed defect must be marked. The Seller is entitled to refuse to accept the goods, for the claim procedure, that are not compliant with the above mentioned standards.
6.6. The Buyer shall make a claim by dispatching the goods to the Seller’s address. Furthermore, the Buyer is obliged to specify the way the defect has manifested and to indicate the option for the right of liability for defects they are exercising.
6.7. Provided the defective performance constitutes a substantial breach of the Contract, the Buyer is entitled to:
a) removal of the defect by delivery of new defect-free goods or by delivery of missing goods,
b) removal of the defect by repairing the goods,
c) an adequate discount from the purchase price or
d) withdraw from the contract.
The Buyer shall inform the Seller about the option they have selected upon reporting the defect or without unnecessary delay after the defect has been reported. If the Buyer fails to select their option in due time, they may exercise rights as in the case of a minor breach of contract in accordance with the provision of Section (§) 2107 of the Civil Code.
6.8. Provided the defective performance constitutes a minor breach of contract, the Buyer is entitled to defect removal or to an adequate discount from the purchase price.
6.9. In case of exercising the right to defect removal by repairing of the goods, the Buyer is entitled to the defect being removed on time, free of charge and in a proper manner. The Seller is obliged to remove the claimed defect without unnecessary delay, no later than within 30 days from the moment the claim was made. The removable defects are such defects that may be removed by repair without deterioration of the looks, function and quality of the product.
6.10. A change in goods (properties) may not be considered as the defect of the goods if it occurred in the course of the warranty period due to wear-out, improper use, lack or absence of proper maintenance, due to the natural changes in material that the goods are made from, due to any damage caused by external factors or any other improper interference by the Buyer or by a third party.
7. Other rights and obligations of contracting parties
7.1. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods.
7.2. The Buyer is obliged to choose the goods in such a manner that the kind and the size of the goods correspond to the Buyer’s needs. The Buyer, prior to purchasing the goods, takes into account the purpose of the use, execution, material composition and the way of maintenance of the goods.
7.3. In the case where the way of using the goods is stated in the user manual, the Buyer is obliged to get acquainted with this manual, prior to starting using the goods, and to abide by it.
7.4. The Buyer acknowledges that the software and other components constituting the e-shop web interface (including the images of offered goods) are protected by copyright. The Buyer pledges not to carry out any activity that could enable them or third parties to interfere with or use without authorization the software or other components constituting the e-shop web interface.
7.5. The Buyer is not authorized, while using the e-shop web interface, to use mechanisms, software or other actions that could adversely affect the operation of the shop web interface. The shop web interface may only be used to the extent that is not detrimental to the rights of any other Seller’s customers and that is in accordance with its purpose.
7.6. The Seller is not, in relation to the Buyer, bound by any codes of conduct within the meaning of provision of Section (§) 1826, paragraph 1e of the Civil Code.
7.7. The Buyer acknowledges that the Seller is not responsible for errors arising from the interference of third parties into the website or as a result of using the website in ways other than the intended purpose.
8. Final provisions
8.1. Unless agreed otherwise, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, namely by electronic mail, in person or by registered mail a post services operator (at the sender’s discretion). The Buyer receives mail at the email address entered in the order.
8.2. The wording of the Conditions may be altered or amended by the Seller, while the current wording shall always be placed on the website. This provision shall not affect the rights and obligations that have arisen in the course of the period when the previous wording of the Conditions was in force.
8.3. Provided that the relationship related to use of the website or the legal relationship established by the Contract includes an international (foreign) element, the parties agree that the relationship shall be governed by the Czech law. This shall not affect the rights of the consumer arising from the generally binding legal regulations.
8.4. If any of the provisions of the Conditions is or becomes invalid or ineffective, the invalid provisions shall be superseded by the provision the meaning of which is the closest to the invalid provision. The invalidity or inefficacy of one provision shall not affect the validity of any other provisions. Any alterations or amendments to the Contract or the Conditions require a written form.
8.5. The Contract including the Conditions shall be archived by the Seller in electronic form and shall not be accessible.
8.6. The supervision over compliance with the obligations in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority. The Seller hereby, in compliance with the provisions of Section (§) 14 of Act No. 634/1992 Coll., on Consumer Protection, as amended, informs that the Czech Trade Inspection Authority is a body authorized to the extrajudicial solving of disputes between the Seller and the Buyer as a consumer. The Buyer may find more detailed information at the Czech Trade Inspection Authority’s website: http://www.coi.cz/en/
8.7. According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. He is also obliged to register revenue received from the charged Tax online; in case of technical failure, within 48 hours.
8.8. These Conditions have been in effect since May 25, 2018.