Terms and conditions
These general commercial conditions (hereinafter referred to as "commercial conditions") are issued in accordance with secs. 1751 et seq. Law No. 89/2012 Coll., Civil Code (hereinafter, the "Civil Code")
Name: MASANTA s.r.o.
with registered office: Dolnocholupická 915/65, 143 00 Prague 4
Tax identification number: CZ25730533
registered in the Commercial Register of the Prague Municipal Court, Section C, register 65055.
As exclusive distributor of
GOOD MASK s.r.o.
Tax identification number: CZ09112286
with registered office: Balbínova 529/1, Prague, 12000, Czech Republic
registered with the Prague Municipal Court on April 27, 2020
- E-shop: +420 734 715 459
- Shipping and delivery: +420 734 715 463
(hereinafter the "seller")
These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter, "buyer") through a web interface located on a website available. In Internet. address www.goodmask.org. (hereinafter "online store").
The provision of commercial conditions is an integral part of the purchase contract. Divergent provisions of the purchase contract prevail over the provisions of these terms and conditions.
These commercial conditions and the purchase contract are concluded in English.
II. INFORMATION ON GOODS AND PRICES
Information about products, including prices of individual products and their main properties, is provided for individual products in the online store catalog. The prices of the goods are indicated including the value added tax, all fees and costs related to the return of the goods, if the goods cannot, by their nature, be returned by the usual postal route. The prices of the products remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract on individually agreed conditions.
The entire presentation of the products included in the online store's catalog is for informational purposes and the seller is not obliged to enter into a purchase contract with respect to these products.
Information on the costs associated with the packaging and delivery of the products is published in the online store. The information on the costs associated with the packaging and delivery of the products listed in the online store is valid only in cases where the products are delivered within the territory of the Czech Republic.
Discounts on the purchase price of goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
III. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
The costs incurred by the buyer in the use of remote communication means in relation to the conclusion of the purchase contract (Internet connection costs, telephone call costs), will be borne by the buyer himself. These costs do not differ from the basic rate.
The buyer requests the merchandise in the following ways:
through your customer account, if you have previously registered in the online store completing the order form without registration.
When placing an order, the buyer chooses the merchandise, the number of pieces, the payment method and the delivery.
Before submitting the order, the buyer can verify and change the data entered in the order. The buyer sends the order to the seller by clicking the buy button. The data listed in the order in which they are considered correct by the seller. The condition for the validity of the order is to complete all the mandatory information in the order form and the confirmation of the buyer that he has read these terms and conditions.
Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the seller's current business conditions. The purchase contract is concluded only after acceptance of the order by the seller. The order receipt notice is sent to the buyer's email address.
In the event that the seller cannot meet any of the requirements specified in the order, he will send the modified offer to the buyer's email address. The modified offer is considered a new draft of the purchase contract and, in such case, the purchase contract is concluded by the buyer's confirmation of the acceptance of this offer to the seller at his email address specified in these terms and conditions.
All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order from the seller. The buyer can cancel the order by phone to the phone number or email of the seller specified in these terms and conditions.
In the event that there is an obvious technical error on the part of the seller when indicating the price of the products in the online store or during the order, the seller is not obliged to deliver the products to the buyer for this obviously incorrect price even if the buyer was sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the modified offer to the buyer at his email address. The modified offer is considered a new draft of the purchase contract and, in such case, the purchase contract is concluded by a confirmation of acceptance by the buyer to the seller's email address.
IV. CUSTOMER ACCOUNT
Based on the buyer's registration made in the online store, the buyer can access their customer account. The buyer can order goods from his customer account. The buyer can also order products without registration.
When registering in the customer's account and when placing an order for goods, the buyer is obliged to indicate all the data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the customer's account and when ordering goods are considered correct by the seller.
Access to the customer's account is protected by a username and password. The buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The seller is not responsible for the misuse of the customer's account by third parties.
The buyer has no right to allow the use of the customer's account to third parties.
The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase agreement or these terms and conditions.
The Buyer acknowledges that the user account may not be available 24 hours a day, especially with respect to the necessary maintenance of the Seller's hardware and software equipment, or required maintenance of third-party hardware and software.
V. CONDITIONS OF PAYMENT AND DELIVERY OF GOODS
The price of the goods and the costs associated with the delivery of the goods under the purchase agreement, the buyer can pay in the following ways:
bank transfer to the seller's bank account: CZ24 2010 0000 0020 0007 0593 / FIOBCZPPXXX, held at Fio banka sro
Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of the goods.
In the case of cash payment, the purchase price is paid upon receipt of the merchandise. In the case of non-monetary payment, the purchase price is paid immediately from the conclusion of the purchase contract.
In the case of payment through a payment gateway, the buyer will follow the instructions of the corresponding electronic payment provider. [S16]
In the case of non-monetary payment, the buyer's obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the seller's bank account.
The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before shipment of the merchandise does not constitute a deposit.
Under the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the income received with the tax administrator online and, in case of technical failure, within 48 hours at the latest.
The goods are delivered to the buyer:
- to the address specified by the buyer of the order
- at the collection point designated by the buyer
The choice the delivery method is made during the order of goods.
The costs of delivering the goods according to the method of shipping and receiving the goods are specified in the buyer's order and in the seller's order confirmation. If the mode of transport is contracted on the basis of a special request from the buyer, the buyer assumes the risk and additional costs associated with this mode of transport.
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 charge of the goods at the time of delivery. In the event that for reasons of the buyer it is necessary to deliver the merchandise repeatedly or in another way than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the merchandise, respectively costs associated with another delivery method.
Upon receipt of the goods by the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of defects, immediately notify the carrier. In the event of finding a packaging violation indicating unauthorized entry to the shipment, the buyer does not have to take over the shipping from the carrier.
The seller will issue a fiscal document - invoice to the buyer. The tax document is sent to the buyer's email address. / The tax document is attached to the delivered merchandise.
The buyer acquires ownership of the goods by paying the full purchase price of the goods, including shipping costs, but first by taking over the goods. The responsibility for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or at the time the buyer was forced to take over the goods, but did not do so in violation of the contract shopping.
VI. WITHDRAWAL FROM THE CONTRACT
A buyer who has entered into a purchase contract outside of his commercial activity as a consumer has the right to terminate the purchase contract.
The contract withdrawal period is 14 days.
from the date of receipt of the merchandise
from the day of receipt of the last delivery of goods, if the object of the contract is several types of goods or delivery of several parts
from the day of receipt of the first delivery of goods, if the object of the contract is a repeated periodic delivery of goods.
The buyer may not, among other things, rescind the purchase contract:
- the provision of services, if they were fulfilled with his prior express consent before the expiration of the contract withdrawal period and the seller informed the buyer before entering into the contract that in such case he has no right to withdraw from the contract,
- in the supply of goods or services, the price of which depends on fluctuations in the financial market regardless of the will of the seller and which may occur during the withdrawal period of the contract,
- in the supply of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations in the financial market regardless of the will of the seller,
- in the delivery of goods that have been modified in accordance with the wishes of the buyer or for his person,
- the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
- delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return,
- the provision of an audio or video recording or computer program if its original packaging has been broken,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content, if it was not delivered in a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such case he has no right to terminate the contract,
- in other cases specified in sec. 1837 of the Civil Code.
To meet the withdrawal period, the buyer must submit a withdrawal statement within the withdrawal period.
To withdraw from the purchase contract, the buyer can use the standard withdrawal form provided by the seller. The buyer will send the withdrawal of the purchase contract to the email or the delivery address of the seller specified in these terms and conditions. The seller will immediately confirm the receipt of the form to the buyer.
The buyer who has rescinded the contract is obliged to return the goods to the seller within 14 days after the termination of the contract to the seller. The buyer will cover the costs associated with returning the goods to the seller, even if the goods cannot be returned by their nature by ordinary mail.
If the buyer terminates the contract, the seller shall return to him without delay, but no later than within 14 days after the termination of the contract, all funds, including shipping costs, that he has received from him, in the same way . The seller will return the funds received to the buyer in another way only if the buyer agrees and incurs no additional costs.
If the buyer has opted for a method of delivery of goods other than the cheapest offered by the seller, the seller will reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of goods offered.
If the buyer terminates the contract of sale, the seller is not obliged to return the funds received to the buyer before the buyer delivers the goods or demonstrates that he sent the goods to the seller.
The goods must be returned by the buyer to the seller without damage, without use and without contamination and, if possible, in the original packaging. The seller is entitled to unilaterally offset the right to compensation for damage caused to the goods with the buyer's right to a refund of the purchase price.
The seller has the right to terminate the purchase contract due to the sale of stocks, unavailability of goods or when the manufacturer, importer or supplier of goods has interrupted the production or importation of goods. The seller will immediately inform the buyer via the email address specified in the order and will return within 14 days of notification of the withdrawal of the purchase contract all funds, including shipping costs received from him under the contract, in the same way or in the manner specified by the buyer.
If the delivery address is not correctly completed by the buyer, and the order is returned, GOOD MASK is NOT responsible for the time that this return may last and neither for the cost of the second shipment. Returns usually take 3 to 5 weeks to complete as they are extremely slow. Please check that your delivery address is as complete and accurate as possible. The last name that appears must be the same as that appears on your doorbell / mailbox. If it is not a private address, use the "company" field to indicate the name of the store, office, or place where you want to receive the delivery.
By confirming these terms and conditions, the customer agrees to pay second postage in cases of returns for incomplete addresses, not completed by it and for shipments not claimed in time.
VII. RIGHTS FOR DEFECTIVE PERFORMANCE
The seller is responsible to the buyer that the merchandise is free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
the goods have the characteristics agreed by the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or that the buyer expected with respect to the nature of the goods and on the basis of their advertising,
the goods are fit for the purpose indicated by the seller for their use or for which goods of this type are habitually used,
the products correspond in quality or design to the agreed sample or model, if the quality or design was determined in accordance with the agreed sample or model,
the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
The seller has obligations for defective performance at least to the extent that the manufacturer's obligations for defective performance persist. Otherwise, the buyer has the right to exercise the right to a defect that occurs in consumer goods within twenty-four months after receipt.
When the products sold, their packaging, the instructions accompanying the products or the advertising in accordance with other legislation indicate the period during which the products can be used, the provisions of the quality assurance shall apply. By guaranteeing quality, the seller undertakes that the merchandise is suitable for normal use for a certain period of time or that it will retain its usual properties. If the buyer has rightly criticized the seller for the defect in the goods, the period for exercising rights to the defective performance or the warranty period does not run through the period during which the buyer cannot use the defective goods.
The provisions referred to in the previous paragraph of the Terms and Conditions will not apply to goods sold at a price lower by a defect for which a lower price has been agreed, to wear caused by normal use, to used goods by a defect corresponding to the degree of wear or tear accepted by the buyer, or if it derives from the nature of the commodity. The right of defective performance does not belong to the buyer, if he knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.
In the event of a defect, the buyer can file a claim with the seller and request:
- exchange for new goods,
- repair of goods,
- a reasonable discount from the purchase price,
- withdraw from the contract.
The buyer has the right to terminate the contract:
- if the merchandise has a substantial defect,
- If he can't wear the thing properly due to recurrence of defect or defects after repair,
- in case of a greater number of defects of the merchandise.
A breach of contract is material if the party to the breach already knew or should have known at the time the contract was entered into that the other party would not have entered into the contract had it foreseen the breach.
In the case of a defect that signifies a minor breach of the contract (regardless of whether the defect is remediable or irremediable), the buyer has the right to eliminate the defect or a reasonable discount on the purchase price.
If a remediable defect has occurred repeatedly after repair (usually a third claim for the same defect or a fourth for different defects) or the merchandise has a large number of defects (generally at least three defects simultaneously), the buyer has the right to claim a discount on the purchase price, exchange goods or withdraw from the contract.
When filing a claim, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that turns out to be irreparable. If the buyer does not choose his right of a substantial breach of the contract on time, he has the same rights as in the case of a minor breach of the contract.
If repair or exchange of goods is not possible, upon termination of the contract, the buyer may demand a refund of the purchase price in full.
If the seller proves that the buyer was aware of the defect in the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
The buyer cannot claim discounted products for the reason the products are discounted.
The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, or at the registered office or place of activity. The seller is obliged to issue a written confirmation to the buyer as to when the buyer exercised the right, what is the content of the claim and what method of handling the claim requires the buyer, as well as confirmation of the date and method of processing of the claim, including confirmation of repair and duration, or written justification rejection of the complaint.
The seller or an employee authorized by him will resolve the complaint immediately, in complex cases within three business days. This period does not include the time appropriate to the type of product or service required for a professional evaluation of the defect. Complaints, including removal of defects, must be resolved immediately, no later than 30 days from the date of the complaint, unless the seller and buyer agree on a longer period. The expiration of this period in vain is considered a material breach of the contract and the buyer has the right to terminate the purchase contract. The moment of the claim is considered to be the moment when the buyer's will is expressed (exercise of the right due to defective performance) to the seller.
The seller informs the buyer in writing about the result of the claim.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer himself caused the defect.
In the case of a justified complaint, the buyer is entitled to reimbursement for costs deliberately incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
The buyer can choose the method of complaint.
The rights and obligations of the contracting parties with respect to the rights derived from defective performance are governed by Articles 1914 to 1925, Articles 2099 to 2117 and Articles 2161 to 2174 of the Civil Code and Law No. 634/1992 Coll., Consumer Protection.
Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.
The Contracting Parties may communicate with each other all written correspondence by email.
The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
All information you provide in our cooperation is confidential and we will treat it as such. Unless you give us your written permission to do so, we will not use your data for any other purpose than to perform the contract, except for the email address to which commercial communications can be sent, as this is permitted by law unless you deny. These communications may only refer to similar or related goods and may be unsubscribed at any time in a simple way (by sending a letter, email or by clicking on a link in the commercial communication). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
EXTRAORDINARY RESOLUTION OF DISPUTES
The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for judicial dispute resolution of consumers derived from the contract of sale. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a point of contact in accordance with Regulation (EU) No. 524 / 2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation for online consumer dispute resolution) .
The seller has the right to sell goods on the basis of a business license. Business licensing is carried out within the purview of the relevant business licensing office. To some extent, the Czech Trade Inspection Authority also monitors compliance with Law no. 634/1992 Coll., Consumer protection.
All agreements between the seller and the buyer according to the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights derived from generally binding legal regulations.
The seller is not bound by any code of conduct in relation to the buyer within the meaning of the provisions of § 1826 para. 1 year. e) of the Civil Code.
All rights to the seller's website, in particular the copyrights to the content, including the page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or use the website or any part of it without the consent of the seller.
The seller is not responsible for errors caused by interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that may negatively affect its operation and may not carry out any activity that may allow him or third parties to interfere with or use the software or other components that make up the online store and use the online store, or its parts or software in a way that is contrary to its purpose.
The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
The seller files the purchase contract, including the commercial conditions, in electronic format and is not accessible.
The seller can modify or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations that arise during the period of validity of the previous version of the terms and conditions.
A model form for the withdrawal of the contract is provided here in the Returns section.
These commercial conditions come into effect on May 4, 2020