I. Introductory Provisions
These are the "Terms and Conditions" ("T&C") governing the contractual relationship between the parties of the purchase agreement. The seller is Kateřina Kalbáčová, trading as www.properly.cz, with the business identification number (IČO) 04962826, registered at Na Veselí 542/5, 140 00 Praha 4 ("Seller"). On the other side, the buyer ("Buyer") is either a consumer according to § 419 of Act No. 89/2012 Coll., the Civil Code, in its current wording (hereinafter referred to as the "Civil Code"), or an entrepreneur according to § 420 et seq. of the Civil Code. By placing an order for goods, the Buyer declares that they have read and fully agree with these T&C. In case mandatory provisions of applicable law provide more favorable treatment or conditions for the Buyer than stated in these T&C (e.g., due to legal amendments), the parties will fully comply with such provision.
II. Introduction to Shipping and Ordering Process
III. Pre-contractual Information
In accordance with § 1820 of the Civil Code, the Seller informs that:
- The costs of distance communication means do not differ from the basic rates of the relevant operator of the Buyer.
- The Seller requires payment of the purchase price before the transfer of goods to the Buyer by the Seller.
- The Seller does not conclude contracts with a recurring performance.
- The Seller provides all prices, including VAT and prices without VAT, where the prices are final, but they do not include the cost of delivery and any fee for the chosen method of payment. The delivery cost and any fee for the chosen method of payment may vary depending on the selected method and the chosen transport provider. The final price is always stated before ordering the goods via the web interface.
- If you, as the Buyer, are a consumer, you have the right, according to the sample instruction under government regulation No. 363/2013 Coll., to withdraw from the contract without giving any reason within 14 days from the day following the date when you or a third party designated by you (other than the carrier) takes possession of the goods. In the case of a contract for multiple types of goods or delivery of several parts, you have the right to withdraw from the contract without giving any reason within 14 days from the day following the date when you or a third party designated by you (other than the carrier) takes possession of the last delivery of the goods.
To exercise the right to withdraw from the contract, you must inform the Seller properly.cz, address: Na Veselí 542/5, 140 00 Prague 4, email: firstname.lastname@example.org, Tel.: +420 728 692 959, by means of a unilateral legal act (for example, a letter sent via the postal operator, email, phone). You may use the attached sample withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send the withdrawal from the contract before the relevant period expires. If you withdraw from this contract, we will refund all payments received from you without undue delay and no later than 14 days from the day we receive your notice of withdrawal from the contract, including the delivery costs (except for additional costs resulting from your chosen method of delivery other than the least expensive standard delivery method we offer). We will make the refund using the same means of payment that you used for the initial transaction unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund. We may withhold the refund until we have received the goods back or you have provided evidence of having sent back the goods, whichever is the earliest. You should return the goods without undue delay and in any event not later than 14 days from the day you notified us of the withdrawal from the contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
In the case of withdrawal from the contract, the consumer shall bear the costs associated with returning the goods, and if the contract was concluded by means of distance communication, the costs of returning the goods which, by its nature, cannot be returned by regular mail.
In the case of withdrawal from the contract, the subject of which is the provision of services, and their performance has already commenced, the consumer is obliged to pay a proportionate part of the price.
For the purpose of handling consumer complaints, the consumer may submit the complaint via email to: email@example.com or by post to: Na Veselí 542/5, 140 00 Prague 4, while providing the necessary information for handling the complaint, especially contact details and information about the contract to which the complaint relates, or any other necessary information to properly investigate the complaint. The consumer will receive a response to the sent complaint within 20 working days via email, or the response will be sent by postal delivery (if the consumer does not provide an email address or expressly states that they wish to be notified about the resolution of the complaint in writing).
Alternatively, the consumer may submit the complaint to the supervisory authority or state supervision."
IV. Purchase Agreement through the E-shop
Through the web interface (e-shop), a purchase agreement can be concluded remotely. Therefore, the Seller informs, in accordance with § 1811 paragraph 2 of the Civil Code, the following: a) The identity of the Seller is provided in Article I of these Terms and Conditions. The email address for electronic communication with the Seller is firstname.lastname@example.org, and the telephone number of the Seller's representative is +420 728 692 959. The bank account number for payment of the goods is always indicated on the invoice. b) The designation and description of the main characteristics of the goods or services are provided in the e-shop when selecting the items. c) The price of the goods or services, including the method of calculation, and all taxes and fees are clearly stated in the e-shop when selecting the items. d) The method of payment and delivery or performance is specified in the e-shop when selecting the items (payment in cash on delivery, payment to the Seller's account). e) The delivery costs are provided, and if these costs cannot be determined in advance, it is stated that they may be charged additionally in the e-shop when selecting the items. f) Information about the rights arising from defective performance and warranty rights, as well as other conditions for enforcing these rights, can be found in Article V of these Terms and Conditions. g) Information about the duration of the obligation and conditions for terminating the agreement in case of an agreement concluded for an indefinite period - agreements for an indefinite period are not concluded through the e-shop. h) Information about the functionality of digital content, including technical protection measures - the sale or licensing of digital content through the e-shop does not occur. i) Information about the compatibility of digital content with hardware and software known to the entrepreneur or that can reasonably be expected to be known to the entrepreneur - the sale or licensing of digital content through the e-shop does not occur.
Furthermore, in accordance with § 1826 of the Civil Code: a) The concluded agreement is created at the moment when the Seller sends the Order Confirmation to the consumer by email based on the order placed through the e-shop. The Order Confirmation represents acceptance of the order made by the Buyer through the e-shop - the Order Confirmation and the Order form the concluded agreement and are sent to the Buyer by email as part of the technical steps leading to the conclusion of the agreement through the web interface of the e-shop. b) The agreement can be concluded in the Czech language. If the data is filled in the order in Slovak, it is deemed that the requirement of concluding the agreement in the Czech language is met, taking into account the comprehensibility of the Slovak language. c) The individual technical steps leading to the conclusion of the agreement are as follows:
- The Buyer selects the goods within the web interface of the e-shop and adds them to the cart,
- The Buyer selects the method of payment and delivery and confirms acceptance of the price of the goods and other fees for delivery and the chosen payment method, clearly displayed,
- The Buyer fills in the required contact and other information necessary for the conclusion of the agreement, as per the form on the e-shop,
- Based on the information provided by the Buyer, the Buyer can send the order through the web interface (as their proposal to conclude a purchase agreement with the Seller),
- Before submitting the order, the Buyer is allowed to check and change the input data provided in the order,
- The purchase agreement is concluded upon the sending of the email Order Confirmation, which the Seller sends back to the Buyer. In case the Seller does not accept or confirm the order, the purchase agreement is not concluded.
- The Seller has the right to withdraw from the purchase agreement if the ordered item is not available in the Seller's stock within the expected period due to reasons beyond the Seller's control (e.g., delayed delivery from the manufacturer). In such a case, the Seller will refund all payments already made (or the deposit on the purchase price, the purchase price, or other fees related to the order).
- The Buyer is required to pay the purchase price, or the deposit on the purchase price, and any additional fees according to the conditions specified in the purchase agreement. d) In case the Buyer discovers an error in the contact or other information entered before submitting the order, they should contact the Seller via email at properly.cz. e) The Seller complies with the valid legal regulations in the territory of the Czech Republic; their activity is currently not governed by any other ethical code.
- The Seller does not allow personal pickup of goods. Therefore, the method of delivery must always be agreed upon for the purpose of sending the goods to the Buyer. a) If the Buyer is a consumer, the risk of damage passes to the Buyer upon receipt of the item from the carrier, or if the Buyer fails to take over the item, then at the moment when the Seller enables them to handle the item. If the Buyer is a business entity, § 2090 paragraph 1 of the Civil Code applies. b) If the Buyer is a consumer, the risk of damage passes to the Buyer upon receipt of the item from the carrier, or if the Buyer fails to take over the item, then at the moment when the Seller enables them to handle the item. If the Buyer is a business entity, § 2090 paragraph 1 of the Civil Code applies.
V. Rights from defective performance, warranty rights, and other conditions for asserting these rights:
The item is considered defective if it lacks the agreed properties. Defect also includes the delivery of a different item. Defect also includes defects in documents necessary for the use of the item.
The Buyer's right arising from defective performance is based on a defect that the item has at the time of the risk of damage passing to the Buyer, even if it becomes apparent later. The Buyer's right is also based on a defect that arises later and was caused by the Seller's breach of their obligations.
The Buyer shall inspect the item as soon as possible after the risk of damage to the item has passed and verify its properties and quantity.
If defective performance constitutes a material breach of the contract, the Buyer has the right to: a) demand the delivery of a new item without defects or the delivery of the missing item, b) have the defect rectified by repair, c) receive an appropriate discount from the purchase price, or d) withdraw from the contract. The Buyer shall inform the Seller of their chosen right when notifying the defect or without undue delay after notifying the defect. The Buyer cannot change the chosen option without the Seller's consent; this does not apply if the Buyer requested a repair that proves to be impossible. If the Seller does not remove the defects within a reasonable period or notifies the Buyer that the defects will not be removed, the Buyer may demand an appropriate discount from the purchase price instead of defect removal, or may withdraw from the contract. If the Buyer fails to exercise their right in a timely manner, the provisions of § 2107 of the Civil Code apply.
If defective performance constitutes an immaterial breach of the contract, the Buyer has the right to have the defect rectified or to receive an appropriate discount from the purchase price. Until the Buyer exercises the right to a discount or withdraws from the contract, the Seller may supply what is missing or rectify the legal defect according to their choice. The Seller must not cause the Buyer any unreasonable costs with their choice. If the Seller does not remove the defect in time or refuses to do so, the Buyer may demand a discount from the purchase price or may withdraw from the contract. The Buyer cannot change the chosen option without the Seller's consent.
The Seller warrants that the item is free from defects upon acceptance. In particular, the Seller warrants that at the time when the Buyer accepted the item: a) the item has the properties agreed upon by the parties, and in the absence of an agreement, it has the properties described by the Seller or the manufacturer, or properties that the Buyer expected with regard to the nature of the goods and based on advertising carried out by them, b) the item is fit for the purpose stated by the Seller or for the usual purpose for which such an item is used, c) the item corresponds in quality or design to the agreed sample or model if the quality or design was determined based on the agreed sample or model, d) the item is in the appropriate quantity, size, or weight, and e) the item complies with legal requirements.
If a defect becomes apparent within six months of acceptance, it shall be deemed that the item was defective at the time of acceptance.
The Buyer has the right to exercise the right arising from a defect in consumer goods within twenty-four months of acceptance - with the exception of: a) items sold at a lower price due to a defect for which the lower price was agreed, b) wear and tear caused by normal use of the item, c) defects corresponding to the degree of use or wear the item had when the Buyer accepted it for used items, or d) if it results from the nature of the item.
The Buyer is not entitled to exercise the right arising from defective performance if they were aware of the defect before accepting the item or if they caused the defect themselves.
VI. Data Protection and Electronic Communication:
- Personal data voluntarily provided by the Buyer to the Seller for the purpose of fulfilling an order or a complaint (name, surname, delivery address, phone and/or email contact) will only be processed to the extent necessary for the performance of the concluded purchase contract, of which the data subject is a party, and to the extent necessary to comply with the Seller's legal obligations. The Buyer agrees to the processing of their voluntarily provided personal data for the purpose of fulfilling the Order and for the purpose of fulfilling the Seller's obligations arising from the concluded contract. The Buyer also agrees to provide data to the relevant carrier to the extent necessary for the delivery of goods and to provide data to a third party facilitating the payment transaction to the extent necessary for the execution of the payment transaction, if the Buyer chooses such a payment method to which it applies. The Seller takes steps to ensure that the data subject's rights are not infringed, and safeguards against unauthorized interference with the data subject's private and personal life. The management and processing of the provided personal data will always be carried out in accordance with the applicable laws of the Czech Republic (Act No. 101/2000 Coll., on Personal Data Protection, in its valid and effective version). The Buyer has the right to access their personal data and the right to rectify them, including the right to request an explanation and rectification of any erroneous state and other statutory rights concerning this data.
VII. Gift with Purchase:
If this service is active and precisely defined by a promotional banner as part of a promotional campaign, the sending of any gift (including non-pearl items according to stock availability) is determined by placing an order of any value.
In the event of returning an order (shipment), the customer is obliged to return the gift they received with their order.
The gift with purchase does not apply to purchases made through discount portals.