Terms and conditions

For the sale of goods via the online shop located at www.vierma.cz, operated by Mantaren Properties s.r.o. – a legal entity trading in accordance with the Trade Licensing Act and registered in the Commercial Register

with its registered office at: Letenska 605/17, 118 00 Prague

registration number: 26781921

 

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the legal entity Mantaren Properties s.r.o, with registered office at Letenska 605/17, 118 00 Prague, identification number: 26781921 (hereinafter referred to as "seller") regulate, in accordance with Section 1751 subsection 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as "buyer") through the seller's online shop. The online shop is operated by the seller on a website located at the internet address www.vierma.cz (hereinafter referred to as "website"), through the website interface (hereinafter referred to as "shop web interface").

1.2. These terms and conditions do not apply in cases where a person intending to purchase goods from the seller is a legal entity or a person acting when placing an order for goods within the scope of their business activities or within the scope of their independent professional practice.

1.3. Provisions deviating from these terms and conditions may be agreed upon in the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of these terms and conditions.

1.4. The provisions of these terms and conditions are an integral part of the purchase agreement. The purchase agreement and terms and conditions are drawn up in the Czech language. The purchase agreement may be concluded only in Czech language. English version is only informative in nature.

1.5. The seller may modify or supplement the wording of these terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of these terms and conditions.

2. User Account

2.1. Based on the registration of the buyer carried out on the website, the buyer may access their user interface. From their user interface, the buyer may place orders for goods (hereinafter referred to as "user account"). If the store's web interface allows it, the buyer may also place orders for goods without registration directly from the store's web interface.

2.2. When registering on the website and when placing orders for goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information stated in the user account whenever it changes. The information provided by the buyer in the user account and when placing orders for goods is considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

2.4. The buyer is not entitled to allow third parties to use the user account.

2.5. The seller may delete the user account, in particular in the event that the buyer has not used their user account for an extended period, or in the event that the buyer breaches their obligations under the purchase agreement (including these terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

3. Conclusion of the Purchase Agreement

3.1. All presentations of goods placed in the shop's web interface are of an informative nature and the seller is not obliged to conclude a purchase agreement regarding this goods. The provision of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The shop's web interface contains information about goods, including the prices of individual items. Goods prices are stated including value added tax and all related fees. Goods prices remain valid for the period during which they are displayed in the shop's web interface. This provision does not limit the seller's possibility to conclude a purchase agreement under individually agreed conditions.

3.3. The shop's web interface also contains information about costs associated with packaging and delivery of goods. Information about costs associated with packaging and delivery of goods stated in the shop's web interface applies only in cases where goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer shall fill in the order form in the shop's web interface. The order form contains in particular information about:

3.4.1. the ordered goods (the buyer "places" the ordered goods into the electronic shopping cart of the shop's web interface),
3.4.2. the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods, and
3.4.3. information about costs associated with delivery of goods (hereinafter collectively referred to as "order").

3.5. Before sending the order to the seller, the buyer is given the opportunity to check and modify the data that the buyer has entered into the order, including with regard to the buyer's ability to identify and correct errors that occurred when entering data into the order. The buyer shall send the order to the seller by clicking the "SUBMIT ORDER" button. The data stated in the order are considered by the seller to be correct.

3.6. Sending the order is considered to be an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and constitutes a binding offer of a purchase agreement for the contracting parties. The condition for the validity of the order is the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and confirmation by the buyer that he has familiarized himself with these terms and conditions.

3.7. The seller shall promptly upon receipt of the order confirm this receipt to the buyer by electronic mail at the buyer's email address stated in the user interface or in the order (hereinafter referred to as "buyer's electronic address").

3.8. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of purchase price, expected transport costs), to ask the buyer for additional confirmation of the order (for example in writing or by telephone).

3.9. The offer of a purchase agreement in the form of an order is valid for fifteen days.

3.10. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail at the buyer's electronic address.

3.11. In the event that the seller cannot fulfill any of the requirements stated in the order, the seller shall send the buyer a modified offer at the buyer's electronic address, stating possible order variants, and shall request the buyer's position.

3.12. The modified offer is considered a new offer of a purchase agreement and the purchase agreement is in such case concluded only by the buyer's acceptance via electronic mail.

3.13. The buyer agrees to the use of distance communication means when concluding the purchase agreement. Costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.

4. Price of Goods and Payment Terms

4.1. The buyer may pay the seller for the price of goods and any costs associated with the delivery of goods according to the purchase agreement in the following ways:

4.1.1. by non-cash transfer to the seller's account no. 183734831/0300, held with CSOB a.s. (hereinafter "seller's account");
4.1.2. by non-cash payment through a payment system;
4.1.3. by non-cash payment by credit card;

4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price shall also include costs associated with the delivery of goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provision of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price in advance.

4.4. In case of cash payment or in case of payment on delivery, the purchase price is due upon receipt of the goods. In case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase agreement.

4.5. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the specification of the payment variable symbol. In case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the seller's account.

4.6. The seller is entitled, in particular in the event that the buyer fails to provide additional confirmation of the order, to require payment of the entire purchase price before sending the goods to the buyer. The provision of § 2119 subsection 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be mutually combined.

4.8. If it is customary in business practice 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 VAT payer. The seller shall issue the tax document – invoice – to the buyer after payment of the price of goods and shall send it in electronic form to the buyer's electronic address.

5. Withdrawal from the purchase agreement

5.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the purchase agreement, in particular, in the following cases:

5.1.1. for the supply of goods whose price depends on fluctuations in the financial market beyond the seller's control and which may occur during the period for withdrawal from the agreement,
5.1.2. for the delivery of alcoholic beverages that can only be delivered after thirty days have elapsed and whose price depends on fluctuations in the financial market beyond the seller's control,
5.1.3. for the supply of goods that have been customized according to the Buyer's wishes or for the Buyer's person,
5.1.4. for the supply of goods that are perishable in nature, as well as goods that have been irreversibly mixed with other goods after delivery,
5.1.5. for the supply of goods in sealed packaging that the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
5.1.6. for the supply of audio or video recordings or computer programs if the Buyer has damaged their original packaging,
5.1.7. for the supply of newspapers, periodicals or magazines,
5.1.8. for the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the Buyer before the expiration of the period for withdrawal from the agreement, and the seller informed the Buyer before concluding the agreement that in such a case the Buyer has no right to withdraw from the agreement.

5.2. Unless it is a case referred to in Article 5.1 or another case where withdrawal from the purchase agreement is not possible, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days from the receipt of the goods, whereby if the purchase agreement concerns several types of goods or delivery of several parts, this period runs from the day of receipt of the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence.

5.3. To withdraw from the purchase agreement, the Buyer may use the sample form provided by the seller, which forms an attachment to these Terms and Conditions. The Buyer may send the withdrawal from the purchase agreement, among other things, to the address of the seller's place of business or registered office. The provisions of Article 11 of these Terms and Conditions apply to the delivery of withdrawal from the agreement.

5.4. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the Terms and Conditions, the purchase agreement is terminated from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal from the agreement. If the Buyer withdraws from the purchase agreement, the Buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by ordinary postal means due to their nature.

5.5. In the event of withdrawal from the agreement pursuant to Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the purchase agreement to the Buyer in the same manner in which the seller received them from the Buyer. The seller is also entitled to return the performance provided by the Buyer already upon the return of the goods by the Buyer or in another manner, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the Buyer until the Buyer returns the goods to the seller or proves that the Buyer has sent the goods to the seller.

5.6. The seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer's claim for the return of the purchase price.

5.7. Until the goods are received by the Buyer, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller shall return the purchase price to the Buyer without undue delay by bank transfer to the account specified by the Buyer.

5.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the seller and the Buyer is concluded with a resolutive condition that if the Buyer withdraws from the purchase agreement, the gift agreement with respect to such gift loses its effect and the Buyer is obliged to return the provided gift to the seller together with the goods.

6. Transport and delivery of goods

6.1. If the mode of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the seller is obliged under the purchase agreement to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

6.3. In the event that goods must be delivered repeatedly or in a manner other than stated in the order due to reasons on the buyer's side, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with an alternative delivery method.

6.4. Upon receipt of goods from the carrier, the buyer is obliged to check the integrity of the goods packaging and in case of any defects, notify the carrier immediately. In the event of finding packaging damage indicating unauthorized access to the shipment, the buyer does not have to accept the shipment from the carrier.

7. Rights arising from defective performance

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the applicable general binding regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).

7.2. The seller warrants to the buyer that the goods are free from defects upon receipt. In particular, the seller warrants to the buyer that at the time the buyer accepted the goods:

7.2.1. the goods have the properties agreed upon by the parties, and if no agreement exists, have such properties as described by the seller or manufacturer or which the buyer could expect having regard to the nature of the goods and on the basis of advertising conducted by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are normally used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if quality or workmanship was determined according to the agreed sample or model,
7.2.4. the goods are in the agreed quantity, measure or weight, and
7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of these terms and conditions shall not apply to goods sold at a reduced price for a defect for which the reduced price was agreed, to wear of goods caused by its normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had upon receipt by the buyer, or if this follows from the nature of the goods.

7.4. If a defect manifests itself within one year from receipt, it is presumed that the goods were defective at the time of receipt.

7.5. The buyer asserts rights arising from defective performance against the seller at the address of his place of business where it is possible to accept complaints having regard to the range of goods sold, or alternatively at his registered office or place of business. The moment of asserting a complaint is considered to be the moment when the seller received the complained goods from the buyer.

7.6. Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure.

8. Further rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.

8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 subsection 1 letter e) of the Civil Code.

8.3. The seller handles consumer complaints through the electronic address. The seller will send information about the resolution of the buyer's complaint to the buyer's electronic address. Email address: vierma@vierma.cz,

8.4. The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the competent trade office within its scope of authority. Supervision in the field of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises supervision, within a defined scope, inter alia over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.5. The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 subsection 2 of the Civil Code.

9. Protection of Personal Data

9.1. The protection of personal data of a buyer who is a natural person is provided by Act No. 110/2019 Coll., on the Protection of Personal Data, as amended.

9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").

9.3. The buyer agrees to the processing of personal data by the seller for the purpose of performing rights and obligations arising from the purchase agreement and for the purpose of maintaining a user account. Unless the buyer chooses otherwise, the buyer also agrees to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full scope according to this article is not a condition that would in itself prevent the conclusion of a purchase agreement.

9.4. The buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order through the shop's web interface) correctly and truthfully and that he is obliged to inform the seller without unnecessary delay of any changes to his personal data.

9.5. The seller may entrust the processing of the buyer's personal data to a third party as a processor.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the provided personal data is accurate and that he has been informed that this is a voluntary provision of personal data.

9.8. If the buyer believes that the seller or processor (Art. 9.5) is processing his personal data in a manner that is contrary to the protection of the buyer's privacy and personal life or in breach of the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he may:

9.8.1. request an explanation from the seller or processor,
9.8.2. request that the seller or processor remedy the situation thus created.

9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to request reasonable compensation for providing the information according to the previous sentence, not exceeding the costs necessary to provide the information.

10. Sending Commercial Communications and Storing Cookies

10.1. The buyer agrees to the sending of information related to goods, services or the business of the seller to the buyer's email address and further agrees to the sending of commercial communications by the seller to the buyer's email address.

10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and for the seller to perform its obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke his consent according to the previous sentence at any time.

11. Delivery

11.1. Notices concerning the relationship between the seller and buyer, in particular concerning withdrawal from the purchase agreement, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the purchase agreement. Notices are delivered to the appropriate contact address of the other party and are considered delivered and effective at the moment of their delivery by post, with the exception of notices of withdrawal from the contract made by the buyer, whereby the withdrawal is effective if the notice is sent by the buyer within the withdrawal period.

11.2. A notice shall also be considered delivered if its receipt was refused by the addressee, which was not collected during the storage period, or which was returned as undeliverable.

11.3. The contracting parties may deliver ordinary correspondence to each other via electronic mail at the email address stated in the buyer's user account or stated by the buyer in the order, or at the address stated on the seller's website.

12. Final Provisions

12.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers arising from generally binding legal regulations.

12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions. Changes and amendments to the purchase agreement or terms and conditions require written form.

12.3. The purchase agreement including the terms and conditions is archived by the seller in electronic form and is not accessible.

12.4. The appendix to the terms and conditions consists of a sample form for withdrawal from the purchase agreement.

12.5. Seller's contact details: Karen Hartley, delivery address: Letenska 605/17, Praha 1, 118 00 email address: vierma@vierma.cz, telephone: 725 868 132.