Terms of business
Of the company Pixie Crew s.r.o.
With registered office at Jankovcova 1055/1, 170 00 Praha 7, Czech Republic
Company registration number: 03639614
For the sale of goods through an online store operating from the internet address pixiecrew.com
1.1. These Terms of Business (‘Terms of Business’) of the company Pixie Crew s.r.o., with registered office company at Farského 1121/9, 170 00 Praha 7, registration number: 03639614, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry no. 235203 (‘Seller’) regulate the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a contract for sale (‘Contract for Sale’) concluded between the Seller and another natural or legal person (‘Buyer’) through the online store operating from the internet address pixiecrew.com via a web interface (‘Store’s Web Interface’).
1.2. The Terms of Business further regulate rights and obligations of the contractual parties relating to the use of the Seller’s Website operating from the address shop.uanyi.eu (‘Website’) and other related legal relationships. The Terms of Business do not apply if a person who intends to buy goods from the Seller is acting in their trading capacity when ordering goods.
1.3. A Contract for Sale may contain provisions divergent to the Terms of Business. Any divergent provisions contained in the Contract for Sale shall override the provisions of the Terms of Business.
1.4. The provisions of the Terms of Business form an inseparable part of a Contract for Sale. A Contract for Sale and the Terms of Business are executed in Czech language. A Contract for Sale may be concluded in Czech language
1.5. The Seller may amend the Terms of Business. This provision shall not affect rights and obligations of the contractual parties arising from the previously effective version of the Terms of Business.
1.6. Once registered on the Website, the Buyer may access their user interface. The Buyer may order goods from their user interface (‘User Account’). If allowed to do so by the Store’s Web Interface, the Buyer may order goods directly from the Store’s Web Interface without registering.
1.7. When registering on the Website and when ordering goods, the Buyer shall provide only correct and true details. The Buyer shall update the details provided in the User Account every time they change in any way. The Seller shall deem the details provided by the Buyer in the User Account and when ordering goods to be correct.
1.8. Access to a User Account is secured with a username (e-mail address) and a password. The Buyer shall treat as confidential information required in order to access their User Account; the Buyer acknowledges that the Seller shall bear no responsibility for a breach of this obligation by the Buyer.
1.9. The Buyer may not allow third parties to use the User Account.
1.10. The Seller may cancel a User Account, in particular in the event that the Buyer has not used their User Account for more than 720 days or in the event that the Buyer has breached their obligations arising from a Contract for Sale (including the Terms of Business).
1.11. The Buyer acknowledges that the User Account may not be accessible continuously, in particular due to essential maintenance of hardware and software belonging to the Seller or third parties.
CONCLUSION OF THE CONTRACT FOR SALE
1.12. The Store’s Web Interface contains a list of goods offered for sale by the Seller including the prices of individual goods. The prices of goods being offered are provided inclusive of Value Added Tax and all respective fees. The offer of sale of the goods and the prices of those goods are valid for as long as they are displayed in the Store’s Web Interface. The Seller’s ability to conclude a Contract for Sale on individually agreed terms is not hereby affected. All offers of sale of goods listed in the Store’s Web Interface are non-binding and the Buyer is not obliged to conclude a Contract for Sale in respect of these goods.
1.13. The Store’s Web Interface contains information relating to the cost of packaging and delivery of the goods. Information relating to the cost of packaging and delivery of the goods provided in the Store’s Web Interface applies only if the goods are to be delivered within the territory of the Czech Republic.
1.14. In order to order goods, the Buyer shall complete the order form in the Store’s Web Interface. The order form contains information relating to, in particular, the following:
1.14.1. The goods being ordered (the Buyer shall place the goods being ordered into the electronic shopping basket in the Store’s Web Interface);
1.14.2. The means of payment of the purchase price of the goods, the required method of delivery of the goods being ordered; and
1.14.3. Information relating to the cost of delivery of the goods (collectively referred to as ‘Order’).
1.15. Before an Order is sent to the Seller, the Buyer shall have an opportunity to check and change details which the Buyer has provided in an Order to ensure that the Buyer has the ability to discover and correct any mistakes made when entering data into an Order. The Buyer shall send the Order to the Seller by clicking the button “Add to cart”. The Seller shall deem the details provided in an Order to be correct. The Seller shall confirm receipt of an Order to the Buyer without undue delay after receiving the Order by sending an e-mail to the Buyer’s E-mail Address provided in the user interface or in the Order (‘Buyer’s E-mail Address’).
1.16. Depending on the nature of an Order (volume of goods, purchase price, expected costs of delivery), the Seller reserves the right to request that the Buyer provides an additional confirmation of the Order (for example in writing or by telephone).
1.17. The contractual relationship between the Seller and the Buyer arises when the acceptance of an Order, which the Seller shall send to the Buyer by e-mail to the Buyer’s E-mail Address, is delivered (acceptance).
1.18. The Buyer acknowledges that the Seller is not obliged to conclude a Contract for Sale, in particular with persons who have previously substantially breached their obligations towards the Seller.
1.19. The Buyer consents to the use of means of distant communication for the purposes of the conclusion of a Contract for Sale. Any expenses incurred by the Buyer when using means of distant communication for the purposes of conclusion of a Contract for Sale (cost of internet connection, cost of telephone calls) shall be borne by the Buyer.
PRICE OF GOODS AND TERMS OF PAYMENT
1.20. The Buyer may pay the price of the goods and potential costs of delivery of the goods to the Buyer in accordance with the Contract for Sale by the following means:
By cash on delivery to a place specified by the Buyer in an Order;
By using the Paypal payment system;
By a debit or a credit card.
1.21. Together with the purchase price, the Buyer shall pay to Seller the agreed costs of packaging and delivery of the goods. Unless expressly specified otherwise, the term “purchase price” shall include costs of delivery of the goods.
1.22. If the method of payment is cash or cash on delivery, the purchase price shall be payable when the goods are received. If a cash-free method of payment is used, the purchase price shall be payable within 1 day of the conclusion of the Contract for Sale.
1.23. The Seller may, in particular in the event that the Buyer does not provide an additional confirmation of the Order (clause 1.16), request that the full purchase price is paid before the goods are despatched to the Buyer.
1.24. Any discounts from the price of the goods provided by the Seller to the Buyer may not be mutually combined.
1.25. If it is customary in business relations or if provided so by generally binding legislation, the Seller shall issue to the Buyer a receipt of tax-deductible expenditure – an invoice in respect of payments made on the basis of a Contract for Sale. The Seller is payer of Value Added Tax. The Seller shall issue to the Buyer a receipt of tax-deductible expenditure – an invoice after the purchase price of the goods has been paid and shall send it in electronic form to the Buyer’s E-mail Address.
WITHDRAWAL FROM THE CONTRACT FOR SALE
1.26. The Buyer acknowledges that, in accordance with section 53 (8) of Act no. 40/1964 Coll., Civil Code, as amended (‘Civil Code’), it is not possible to withdraw, for instance, from a Contract for Sale relating to goods modified according to the wishes of the Buyer or goods susceptible to fast deterioration, wear and tear and obsolescence, from a Contract for Sale relating to audio and video recordings and computer programmes if the consumer has removed their original packaging, or from a Contract for Sale relating to the delivery of newspapers, periodicals and magazines.
1.27. In accordance with section 53 (7) of the Civil Code, the Buyer may withdraw from the Contract for Sale within fourteen (14) days of the receipt of the goods, with the exception of cases specified in clause 1.26 or other cases where it is not possible to withdraw from the Contract for Sale. The notice of withdrawal from the Contract for Sale must be delivered to the Seller within fourteen (14) days of the receipt of the goods. The Buyer may send the notice of withdrawal from the Contract for Sale, inter alia, to the Seller’s business address (Pixie Crew s.r.o., jankovcova 13, Prague 7, 170 00) or to the Seller’s e-mail address firstname.lastname@example.org
1.28. In the event of a withdrawal from the Contract for Sale according to clause 1.27 of the Terms of Business, the Contract for Sale is annulled. The goods shall be returned to the Seller within 7 working days from the date when the notice of withdrawal from the contract was sent to the Seller. The goods must be returned to the Seller undamaged and unused and, if possible, in their original packaging.
1.29. The Seller may inspect the returned goods, in particular in order to check whether the returned goods are damaged, used or partially consumed, within fifteen (15) days of the return of the goods by the Buyer according to clause 1.28 of the Terms of Business.
1.30. In the event of a withdrawal from the contract according to clause 1.27 of the Terms of Business, the Seller shall return to the Buyer the monies paid by the Buyer within ten (10) days of the end of the period for inspection of the goods according clause 1.29 of the Terms of Business, and no later than within thirty (30) days of the service of the notice of withdrawal from the Contract for Sale on the Seller, by bank transfer to an account specified by the Buyer. The Seller may also return the monies paid by the Buyer as soon as the Buyer has returned the goods.
1.31. The Buyer acknowledges that if the goods returned by the Buyer are damaged, used or partially consumed, the Seller shall be entitled to compensation for the respective loss from the Buyer. The Seller may unilaterally set off their right to receive compensation for loss against the right of the Buyer to the return of the purchase price.
1.32. The Seller may withdraw from the Contract for Sale at any time before the Buyer has received the goods. In such an event, the Buyer shall return the purchase price to the Buyer without undue delay by a bank transfer to an account specified by the Buyer.
1.33. In the event that the Buyer receives a gift together with the goods, the contract of donation between the Seller and the Buyer is concluded with a resolutive condition that if the Seller withdraws from the Contract for Sale, the contract of donation relating to such a gift shall be discharged and the Buyer shall return the provided gift to the Seller together with the goods.
TRANSPORTATION AND DELIVERY OF THE GOODS
1.34. Unless a Contract for Sale states otherwise, the method of delivery of the goods shall be specified by the Seller. In the event that the method of delivery is agreed on the basis of the Buyer’s request, the risk and any potential additional costs arising from this method of delivery shall be borne by the Buyer.
1.35. If, according to the Contract for Sale, the Seller is obliged to deliver the goods to a place specified by the Buyer in an Order, the Buyer is obliged to receive the goods when they are delivered. If the Buyer does not receive the goods when they are delivered, the Seller may request a storage fee of CZK 500 (fivehundred Czech Crowns) or the Seller may withdraw from the Contract for Sale.
1.36. In the event that due to reasons on the part of the Buyer, repeated attempts to deliver the goods have been made or the goods have had to be delivered in a manner different to the manner specified in an Order, the Buyer shall be obliged to cover all expenses incurred due to the repeated delivery attempts or due to delivery having taken place in a different manner.
1.37. When receiving the goods from the carrier, the Buyer is obliged to examine the integrity of the packaging of the goods and if there are any defects, notify the carrier without undue delay. If the Buyer finds that the packaging is compromised due to unauthorised tampering with the package, the Buyer does not have accept the package from the carrier. By confirming receipt on a delivery note, the Buyer certifies that the packaging of the consignment has not been compromised.
1.38. Further rights and obligations of the contractual parties relating to the transportation of goods may be governed by the Seller’s separate terms of delivery, if the Seller has issued them.
LIABILITY FOR DEFECTS, WARRANTY
1.39. The rights and obligations of the contractual parties relating to the Seller’s liability for defects, including the Seller’s warranty, are governed by the applicable generally binding legislation (in particular section 612 and the following sections of the Civil Code).
1.40. The Seller is responsible towards the Buyer for ensuring that the item being sold is sold in accordance with the Contract for Sale, in particular that it is free from defects. Being in accordance with the Contract for Sale means that the item being sold is of the quality and has the features required by the Contract or stated by the seller, producer or their representative or expected to have on the basis of their advertising, or quality and features customary for an item of such type, that is satisfies legal requirements, that it is of the correct quantity, dimensions and weight and that it is suitable for the purpose stipulated for the use of the item by the Seller or for which the item is normally used.
1.41. In the event that when received by the Buyer, the item is not in accordance with the Contract for Sale (‘Divergence from the Contract for Sale’), the Buyer shall be entitled to request that the Seller ensures, free of charge and without undue delay, that the item is made to be in accordance with the Contract for Sale by, depending on the wishes of the Buyer exchanging or repairing the item; if this is not possible, the Buyer may request an adequate discount from the price of the item or withdraw from the Contract. The above shall not apply if, before receiving the item, the Buyer was aware of the Divergence from the Contract for Sale or if he/she himself/herself caused the Divergence. A Divergence from the Contract for Sale which appears within six (6) months of the day of receipt of the item shall be deemed to be a Divergence already in existence when the item was received, unless this is contrary to the nature of the item or unless proven otherwise.
1.42. The Seller shall be liable for defects in the form of a Divergence from the Contract for Sale which appear after receipt of the item and within the warranty period (warranty) unless the item is one which deteriorates fast or the item has previously been used.
1.43. The Buyer asserts their rights arising from the Seller’s liability for defects, including the Seller’s warranty, against the Seller at the Seller’s business address Farského 1121/9, Praha. The moment of making a warranty claim is the moment when the Seller receives the goods subject to the warranty claim from the Buyer.
1.44. Further rights and obligations of the parties relating to the liability of the Seller for defects are set out in the Seller’s warranty procedures.
FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
1.45. The Buyer acquires ownership of the goods as soon as the purchase price of the goods has been paid.
1.46. The Buyer acknowledges that the software and other items forming part of the Store’s Web Interface (including photographs of the goods being offered) are protected by copyright. The Buyer undertakes not to engage in any activities which could allow the Buyer or third parties to unlawfully interfere with or use the software or and other items forming part of the Store’s Web Interface.
1.47. When using the Store’s Web Interface, the Buyer may not use mechanisms, software or other processes which have or may have an adverse effect on the operation of the Store’s Web Interface. The Store’s Web Interface may only be used to an extent which does not interfere with the rights of other customers of the Seller and which is in accordance with its purpose.
1.48. In their relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of section 53a (1) of the Civil Code.
1.49. The Buyer acknowledges that the Seller shall not be liable for any errors arising as a result of interference by third parties with the Website or due to the Website being used contrary to its purpose.
PROTECTION OF PERSONAL DATA
1.50. Personal details of the Buyer who is a natural person are protected by Act no. 101/2000 Coll., on Personal Data Protection, as amended.
1.51. The Buyer consents to the processing of the following personal details: forename, surname, address, company registration number, tax registration number, e-mail address, telephone number, age and sex (collectively ‘Personal Details’).
1.52. The Buyer consents to the processing of Personal Details by the Seller for the purposes of realisation of the rights and obligations arising from the Contract for Sale and for the purposes of administration of the User Account. Unless the Buyer selects a different option, the Buyer further consents to the processing of Personal Details by the Seller also for the purpose of sending information and commercial communications to the Buyer.
1.53. The Buyer acknowledges that he/she is obliged to provide correct and true Personal Details (when registering, in their User Account, when ordering from the Store’s Web Interface) and that he/she is obliged to inform the Seller of any changes of their Personal Details without undue delay.
1.54. The Seller may delegate the processing of Personal Details to a third party as a processor. With the exception of persons delivering goods, the Buyer shall not pass on Personal Details to third parties without the Buyer’s prior consent.
1.55. Personal Details shall be processed for an indefinite period of time. Personal details shall be processed in electronic form in automatic manner or in print form in non-automatic manner.
1.56. The Buyer confirms that the provided Personal Details are accurate and that it has been explained to the Buyer that the provision of Personal Detail is voluntary.
1.57. In the event that the Buyer suspects that the Seller or processor (clause 1.54) are processing the Buyer’s Personal Details contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the Personal Details are inaccurate in relation to the purpose of their processing, the Buyer may:
1.57.1. Request that the Seller or the processor provides an explanation;
1.57.2. Request that the Seller or the processor rectifies the situation by way of, in particular, blocking, correcting, supplementing or disposing of the Personal Details. If the Buyer’s request according to the previous sentence is found to be justified, the Seller or the processor shall immediately rectify the situation. If the Seller or the processor does not accommodate the request, the Buyer has a right to directly approach the Office for Personal Data Protection. The Buyer’s right to submit their request directly to the Office for Personal Data Protection is not hereby affected.
1.58. If the Buyer requests information relating to the processing of their Personal Details, the Seller is obliged to provide such information. The Seller is entitled to demand adequate reimbursement for the provision of information according to the previous sentence not exceeding the necessary costs of the provision of such information.
SENDING OF COMMERCIAL COMMUNICATIONS AND SAVING OF COOKIES
1.59. The Buyer consents to the sending of information relating to the Seller’s goods, services or business to the Buyer’s email address, as well as to the sending of commercial communication to the Buyer’s email address.
1.60. The Buyer consents to the saving of so-called cookies on their computer. In the event that it is possible to shop on the Website and to perform the Seller’s obligations arising from a Contract for Sale without cookies being saved on the Buyer’s computer, the Buyer may at any time revoke their consent provided according to the previous sentence.
1.61. Unless agreed otherwise, any correspondence relating to a Contract for Sale must be served on the other contractual party in writing by e-mail, in person or by recorded delivery though an operator of postal services (at the sender’s choice). The Buyer is served at the e-mail address provided in their User Account.
1.62. If a relationship relating to the use of the Website or a legal relationship arising from a Contract for Sale contains international (foreign) element, then the parties agree that this relationship shall be governed by Czech law. The rights of a consumer arising from generally binding legislation are not hereby affected.
1.63. The Seller is allowed to sell goods on the basis of a trade licence and the Seller’s activities are not subject to any other permissions. Trade supervision is carried out by the relevant Trade Bureau within their jurisdiction.
1.64. If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions. Amendments to a Contract for Sale or the Terms of Business must be made in writing.
1.65. A Contract for Sale including the Terms of Business is archived by the Seller in electronic form and it is not accessible.
1.66. The Seller’s contact details are: service address Jankovcova 1055/1, 17000 Praha 7, e-mail address email@example.com, telephone +420 730 944 744.
on 21st October 2015
Pixie Crew s.r.o.