Business conditions of the company EUNIP sro, with its registered office in Děčínská 474/10, Prague 9, 190 00, IČ: 05433606, DIČ: CZ05433606, entered in the Commercial Register kept by the Municipal Court in Prague, file number:
C 263476
 

I. Introductory provisions

I.1. These terms and conditions apply to purchases in the online store operated on the website with the URL address www.modadepari.cz. The conditions further define and specify the rights and obligations of the seller (operator) and buyer (customer).

I.2. The seller reserves the right to change these terms and conditions. The rights and obligations of the contracting parties are always governed by the wording of the business conditions under which they arose.

I.3. The provisions of the terms and conditions are an integral part of the contract. Provisions deviating from the business conditions can be agreed in the contract. Deviating provisions in the contract take precedence over the establishment of business conditions.

 

II. Ordering and concluding a purchase contract

II.1. By placing an order, the buyer confirms that he has read these terms and conditions and that he agrees with them.

II.2. All contractual relations are concluded in accordance with the law of the Czech Republic. In matters not regulated here, the relations of the contracting parties are governed by legal regulations, in particular Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code").

II.3. The contract and business conditions are drawn up in the Czech language. The contract may be concluded in the Czech language, unless the parties expressly agree on another language.

II.4. On the above website, purchases can only be made on the basis of buyer registration, through a user account. When registering, the buyer is obliged to provide correct and true data, and the buyer is also obliged to update this data.

II.5. It is forbidden to allow manipulation of the user account by third parties.

II.6. Before ordering the goods (filling in the form), the buyer is obliged to check the data he has entered in the order or in the user account. The information provided in the order or user account is considered correct by the seller.

II.7. The seller reserves the right to refuse to process the order if the order details are incomplete or raise doubts about the real intention of the potential buyer to order the goods. The seller will send information about this refusal to the buyer's e-mail address, or inform him in writing or by telephone.

II.8. The order is checked regarding the availability of goods and the delivery date. Subsequently, an information email is sent to the email address provided by the buyer. With this confirmation email, the order is accepted by the seller and the purchase contract is concluded.

II.9. An expression of intent that includes additions, reservations, restrictions or other changes is a rejection of an offer and is considered a new offer. The contract is concluded in case of acceptance of the counter-offer by the buyer.

II.10. After the goods have been dispatched, the buyer is informed of this fact at the e-mail address provided by the buyer or in another form.

II.11. The pictures shown with the goods are illustrative, the actual appearance of the products may differ slightly (due to technical reasons, monitor settings, use of the browser type, etc.)

II.12If a price is quoted where it is obvious that there is an error in writing and figures, this price is not binding and the purchase contract is not concluded.

II.13 Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "I agree" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

II.14 Depending on the nature of the order (quantity of goods, purchase price, estimated transport costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

II.15 The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

II.16 The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

 

III. Payment Terms

III.1. The price of the goods and the costs of delivery of the goods on the basis of the concluded purchase contract may be paid by the buyer to the seller by bank transfer.

III.2. The buyer undertakes to pay the purchase price and also the costs of transport, postage, packaging, cash on delivery, if this was stated in the purchase contract.

III.3. In the case of non-cash payment, the purchase price is payable before the goods are sent, no later than 10 days from the conclusion of the purchase contract, unless the parties agree otherwise.

III.4. 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.

 

IV. Delivery and acceptance of goods

IV.1. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that the buyer does not fulfill the obligation to take over the goods, the seller may claim all costs incurred in connection with the shipment of goods.

IV.2. Before taking over the goods, the buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier of any defects. A report will be written on the defects. If a defect report is not written, the buyer loses the claims arising from the damaged packaging of the goods.

IV.3. Without undue delay after receipt of the goods, the buyer is obliged to check the condition of the goods, especially the number of delivered goods and its completeness. In case of finding a discrepancy between the delivered goods and the purchase contract, the buyer is obliged to notify the seller immediately, but no later than within 1 working day of receipt of the goods, defects of the delivered goods together with a description of defects.

IV.4. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

IV.5. The goods are delivered to the buyer in the Czech or Slovak Republic to the address specified in the order within 1 to 7 working days from the conclusion of the purchase contract, unless otherwise stated.

IV.6. Personal collection of the ordered goods is possible by prior written or telephone agreement in the dispensing warehouse and no later than 10 days from the seller's notification of the availability of goods in the dispensing warehouse, unless the parties agree otherwise.

IV.7 If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

IV.8 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

 

V. Withdrawal from the purchase contract

V.0. Please note that if you buy the goods at the ID number, this sale is governed by the Commercial Code (NOT the Civil Code) and therefore it is not possible to return the goods within the 14-day statutory period.

V.1. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return to the buyer the purchase price, which has already been paid by the buyer, non-cash to the account communicated to him for this purpose by the buyer or the account from which the funds were transferred to pay the purchase price. This point applies only if his order is no longer paid to a third party for the execution of his order.

V.2. The buyer has no right to withdraw from the purchase contract if the goods specified in the purchase contract were delivered properly, on time and without defects.
V.3. The buyer has no right to withdraw from the purchase contract if his order is realized with specific custom requirements.

V.4. Withdrawal from the contract must be made in writing and, in the case of contracts concluded electronically, also electronically. Withdrawal from the contract is effective by delivery of the notice of withdrawal to the other party.

 

VI. Defective performance rights

VI.1. The seller is obliged to perform without defects with the properties exchanged or usual so that it is possible to use the subject of performance under the contract. If it is fulfilled defectively, the buyer has the rights from the defective performance.

VI.2. The seller is responsible for the fact that at the time of acceptance by the buyer the goods have the properties agreed upon by the parties, or. in the absence of such an arrangement, it has such characteristics as the seller described or which the buyer expected with regard to the nature of the goods.

VI.3. Provisions referred to in Article VI.2. of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear and tear which the goods had this due to the nature of the goods.

 

VII. Warranty period and complaints

VII.1. When selling consumer goods, the statutory warranty period is 24 months.

VII.2. The warranty does not cover normal wear and tear caused by its normal use.

VII.3. Claims for defects will be settled without undue delay, no later than 30 calendar days from the date of the claim, unless the parties agree otherwise.

 

VIII. Breach of purchase agreement

VIII.1. If the buyer does not take over the goods according to the provisions of point IV.1., He will not pay the purchase price according to the provisions of point III.2. or according to III.3., does not pick up the goods according to the provisions of point IV.6., thereby a breach of the purchase contract by the buyer.

VIII.2. In the event of a breach of the purchase contract, the seller will propose to the buyer by e-mail another procedure. In the event of non-acceptance of the shipment, after further agreement, the seller will resend the goods to the buyer, if the buyer pays the purchase price within 3 working days to the seller's account, at the expense of the seller.

VIII.3. If no agreement is reached in accordance with the provisions of point VIII.2. or if the buyer does not show interest in resolving the matter, the seller will ask the buyer to pay the necessary costs, in the amount of up to 2,000 CZK (80 EUR).

VIII.4. In the event of non-payment of the amount referred to in the provisions of point VIII.3. within 7 working days, the whole matter will be handed over to an external debt collection agency.

 

IX. Other

IX.1. It is forbidden to use and copy photos and texts of the e-shop www.modadepari.cz without the prior consent of the operator.

 

X. Final provisions

X.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.

X.2. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree on the jurisdiction of the Czech court as a dispute settlement body.
 

These business conditions take effect on October 2, 2019