I. INTRODUCTORY PROVISIONS
1. The seller and operator of the online store belnuit.cz available at the internet address (URL) http://www.belnuit.cz is the business company STUDIO F13 sro, with its registered office at Tyršova 1244/9, 360 01 Karlovy Vary, identification number: 29110921 , registered in the Commercial Register at the Regional Court in Pilsen, file number C 25494 / KSPL.
2. These business conditions (hereinafter referred to as the “Business Conditions”) of the business company STUDIO F13 sro, with its registered office at Tyršova 1244/9, 360 01 Karlovy Vary, identification number: 29110921, registered in the Commercial Register at the Regional Court in Pilsen, file number C 25494 / KSPL (hereinafter referred to as the “ Seller ”) govern the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “ Purchase Agreement ”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “ Buyer ”) via the Internet. of the Seller’s shop www.belnuit.cz . WITH The Buyer has the opportunity to get acquainted with the business conditions before sending his order and is notified of them in advance. By sending your order, the Buyer confirms that he has read the Business Conditions and that he agrees with them.
3. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
4. The contractual relationship between the Seller and the Buyer is governed by these Conditions and the legal order of the Czech Republic.
II. CONCLUSION OF THE PURCHASE CONTRACT
1. The web interface of the online store www.belnuit.cz contains a list of goods offered by the Seller for sale, including prices including VAT of individual offered goods. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed in the web interface of the online store. This provision does not limit the Seller’s ability to enter into a Purchase Agreement under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods.
2. The Buyer’s order duly completed and sent via the online store www.belnuit.cz , as well as the order agreed by telephone, is a binding proposal for the conclusion of the Buyer’s Purchase Agreement with the Seller, while the Buyer is bound by his proposal for the conclusion of the purchase contract for 21 days orders.
3 . The web interface of the online store www.belnuit.cz also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods provided in the web interface of the online store applies only to goods delivered within the territory of the Czech Republic.
4. To order goods, the Buyer fills in the order form in the web interface of the online store. The order form contains mainly information about the ordered goods (the Buyer inserts the ordered goods into the electronic shopping cart of the web interface of the online store), the method of payment of the purchase price of goods, data on the chosen method of delivery of ordered goods and information on costs associated with delivery order ”).
5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order. The Buyer sends the order to the Seller by clicking on the “Send order” button. The data listed in the order they are deemed correct by the seller. The Seller shall immediately confirm receipt of the order to the Buyer by e-mail to the Buyer’s e-mail address specified in the order (hereinafter referred to as the ” Buyer’s e-mail address “), and this confirmation is not an acceptance of the proposal to conclude the Purchase Agreement. The Purchase Agreement itself is concluded by the acceptance of the proposal for the conclusion of the Purchase Agreement by the Seller, while the acceptance of the goods by the Seller to the Buyer or the explicit acceptance of the proposal for the conclusion of the purchase contract by the Seller via e-mail.
6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
7. The consumer has the right to cancel the order, ie to withdraw his proposal for the conclusion of the Purchase Agreement, without penalties until the moment of sending the goods. The consumer is obliged to notify the seller of this fact by e-mail or telephone.
8. The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached their obligations to the Seller.
9. The purchase contract is concluded in the Czech language. After concluding the purchase contract, it is archived with the Seller only for the time strictly necessary for its settlement, while during this period it can be made available at the written request of the consumer. You can change the order and correct errors until the goods are handed over for shipment.
III. CONSUMER’S WITHDRAWAL FROM THE CONTRACT
- In accordance with § 1829 paragraph 1 of the Civil Code, the Buyer has the right to withdraw from the contract within 14 days of receipt of the goods.
2. For the purposes of exercising the right to withdraw from the contract, the Buyer must inform the Seller, STUDIO F13 sro, with its registered office at Tyršova 1244/9, 360 01 Karlovy Vary, identification number: 29110921, in the form of a unilateral legal action, in writing about its withdrawal from the Purchase Contract. or to the Seller’s e-mail address: info@belnuit.cz . Withdrawal from the purchase contract must be delivered to the Seller within fourteen (14) days of receipt of the goods.
3. In the event of withdrawal from the contract pursuant to Article 3, point 1 of the Business Conditions, the Purchase Contract shall be canceled from the beginning. The Buyer must return the goods without undue delay, but no later than within 14 days from the date of withdrawal from the Purchase Agreement or hand them over at the Seller’s registered office, and the Buyer shall bear the direct costs associated with returning the goods. The goods must be returned to the seller undamaged and unworn and in the original packaging. The buyer is responsible for the reduction in the value of the goods as a result of handling the goods in a manner other than that which is necessary to become familiar with the nature and characteristics of the goods.
4. Within fifteen (15) days from the return of goods by the buyer according to Article 3 point 1 of the Terms and Conditions, the Seller is entitled to review the returned goods, especially to determine whether the returned goods are not damaged, worn or partially consumed.
5. In the event of withdrawal from the contract pursuant to Article 3 point 1 of the Business Conditions, the Seller shall return the performance provided by the Buyer to the Buyer within ten (10) days from the end of the period for examination of goods according to Article 3 point 4 of the Business Conditions, from the delivery of the withdrawal from the Purchase Agreement to the Buyer. To return payments, the Seller will use the same means of payment that the Buyer used to perform the initial transaction, unless the Buyer has expressly stated otherwise.
6. The Buyer acknowledges that if the goods returned by him are damaged, worn or partially consumed, the Seller is entitled to compensation for the damage caused to the Buyer. The Seller is entitled to unilaterally set off the right to compensation for the damage against the Buyer’s right to a refund of the purchase price.
7. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller will return the purchase price to the Buyer without undue delay, non-cash to the account designated by the Buyer.
IV. GOODS TRANSPORT AND DELIVERY
1. The costs of postage and packaging, which the Buyer has chosen in the order, are paid by the Buyer and these costs are governed by the current price list of the Seller, which is located on the website of the Seller’s online store www.belnuit.cz .
2. The method of delivery of goods is determined by the Seller, unless otherwise stipulated in the Purchase Agreement. In the event that the mode of transport is contracted on the basis of the Buyer’s request, the Buyer bears the risk and any additional costs associated with this mode of transport.
3. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the consignment containing the goods has not been damaged.
V. GOODS PRICE AND PAYMENT TERMS
1. The price of the goods and any costs associated with the delivery of goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
1.1 Cash on delivery; The Buyer pays money for the goods only upon receipt of the goods, for example at a branch of the Czech Post or at the delivery point of the Mailbox.
1.2 By bank transfer; After receiving the order (proposal for concluding the Purchase Agreement), the Seller will send the Buyer the amount of the purchase price, the account number and the variable payment symbol. The Buyer will pay for the goods to the Seller’s bank account before sending the goods, otherwise the goods will not be sent. This method of payment of the purchase price is considered as an advance payment on the purchase price.
1.3 Payment card; After creating the order, the Buyer is redirected to the secure payment gateway of PayU, where he enters the necessary data. If the transaction is authorized, payment will be made immediately, the Seller will send the goods to the Buyer. PayU ensures the protection of each transaction with 24/7 monitoring and the 3D Secure standard . The Seller does not have access to the Buyer’s payment card details.
2. Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
3. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
4. If this is customary in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made on the basis of the Purchase Agreement. The seller is a payer of value added tax. The tax document – invoice will be issued by the Seller to the Buyer after payment of the price of the goods and will be sent in electronic form to the Buyer’s electronic address.
VI. DEFECT LIABILITY, CONSUMER WARRANTY
1. The rights and obligations of the contracting parties regarding the Seller’s liability for defects, including the Seller’s warranty liability, are governed by the relevant generally binding regulations.
2. The Seller is responsible to the Buyer for the fact that the sold thing is in accordance with the Purchase Agreement, in particular that it is without defects. Compliance with the Purchase Agreement means that the sold item has the quality and useful properties required by the contract, described by the Seller, the manufacturer or his representative, or expected on the basis of advertising, or the quality and useful properties usual for the item. , is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the Seller for the use of the item or for which the item is usually used.
3. In the event that the item is not in accordance with the Purchase Agreement upon acceptance by the Buyer, the Buyer has the right for the Seller to return the item to the condition corresponding to the Purchase Agreement free of charge and without undue delay, at the Buyer’s request either by exchanging the item or repairing it ; if such a procedure is not possible, the Buyer may request a reasonable discount on the price of the item (even if the Seller cannot deliver a new item) or withdraw from the contract. This does not apply if the Buyer knew about the conflict with the Purchase Agreement before taking over the thing or caused the conflict with the Purchase Agreement himself.
4. The Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, are exercised by the Buyer at the Seller’s registered office. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
VII. PRICES AND VALIDITY OF THE OFFER
The prices of the goods are listed including value added tax, which is valid at the time of sending the order. When selling to an EU member state, including the Czech Republic, VAT is determined in the amount according to the valid laws in the place of the Seller (Czech Republic).
VIII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
2. The buyer acknowledges that the software and other components that make up the web interface of the online store (including photographs of the goods offered) are protected by copyright.
3. The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website of the online store or as a result of using the website contrary to their purpose.
IX. DISCOUNTS AND DISCOUNT COUPONS
1. The seller provides various types of discounts and discount coupons (loyalty, volume, for recommendations, etc.). The rules for the use of discounts and discount coupons are always set by the Seller as part of the discount promotion.
2. In the event that the discount or discount coupon is applied in violation of the rules of the discount or discount coupon, the Seller has the right to refuse such application of the discount or discount coupon.
3. The rules and conditions for applying a specific type of discount are listed directly with the discount or the discount contains a link to a website with a description of the rules of the discount or are available on request. In the event that there are any ambiguities in the interpretation of the discount, the interpretation of the use of the Seller applies.
X. PERSONAL DATA PROTECTION
An integral part of the Business Conditions is the instruction on personal data protection based on the Personal Data Processing Act (No. 110/2019 Coll.), Which implements EU Regulation 2016/679 (GDPR), which can be found on the website of the online store www.belnuit.cz . By sending the order, the Buyer confirms that he has read the Business Conditions before placing the order.
XI. DELIVERY
Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). It is delivered to the buyer to the e-mail address specified in his user account.
XII. FINAL PROVISIONS
1. If the relationship related to the use of the website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations. 2. The seller is entitled to sell goods on the basis of a trade license and the seller’s activity is not subject to any other permit. 3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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. Amendments to the Purchase Agreement or the Business Conditions require a written form. 4. The purchase contract, including the business conditions, is archived by the seller in electronic form and is not accessible. 5. Contact details of the Seller: STUDIO F13 s.ro, Tyršova 1244/9, 360 01 Karlovy Vary, e-mail address info@belnuit.cz , telephone +420 604 112 979.
These business conditions take effect on 16 February 2021.