Terms and conditions
General business terms and conditions of the company MASANTA sro,
IČ: 25730533, with its registered office at Dolnocholupická 915/65, Prague 4
These general terms and conditions (hereinafter also GTC) apply to purchases in the online store www.goodmask.org, which is operated by MASANTA sro, IČ: 25730533, with its registered office at Dolnocholupická 915/65, Prague 4, registration in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 65055.
These GTC regulate the relations between the Buyer and the Seller in the area of sale of goods between MASANTA sro, IČ: 25730533, with its registered office at Dolnocholupická 915/65, Prague 4, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 65055 and DIASTYL zs, IČO: 26999803, Dolnocholupická 915/65, Prague 4 (hereinafter referred to as the “Seller”) and its business partners (hereinafter referred to as the “Buyer”).
All contractual relations are concluded in accordance with the law of the Czech Republic.
By placing an order, the Buyer confirms that he has read these terms and conditions, which are an integral part of the Complaints Procedure, and that they agree with them. On these terms and conditions, the Buyer is sufficiently informed before the actual execution of the order and has the opportunity to meet them.
The seller is (company) MASANTA sro, IČO: 25730533, with its registered office at Dolnocholupická 915/65, Prague 4, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 65055.
In the case of some specific products, the seller is: DIASTYL zs, ID: 26999803, Dolnocholupická 915/65, Prague 4
The Buyer is a consumer or entrepreneur.
The Buyer is a natural person who, when concluding and fulfilling the Purchase Agreement with the Seller does not act in the course of his business or other entrepreneurial activity or in the context of a separate business in the exercise of their profession. At the beginning of business relations, the Buyer hands over to the Seller only his contact details necessary for the smooth execution of the order, or details that he wants to have listed on the purchase documents.
Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act no. No. 89/2012 Coll., Civil Code and Act. No. 634/1992 Coll. on consumer protection, both as amended, as well as related regulations.
- a person registered in the Commercial Register (especially a commercial company),
- a person who conducts business on the basis of a trade license (self-employed person in the trade register),
- a person who conducts business on the basis of other than a trade license according to special regulations (this includes, for example, the liberal professions such as advocacy, etc.), and
- a person who carries out agricultural production and is registered in accordance with the special prescription.
Legal relations between the Seller and the Buyer, who is an entrepreneur are not expressly regulated by these GTC.
The GTC and the Contract between the Seller and the Buyer are governed by the relevant provisions of Act no. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations.
The individual Contract of the Seller with the Buyer is superior to the business conditions.
3. Consumer Contract
Purchase contract, work contract, or other contracts according to the Civil Code, if contractual parties are, on the one hand, the consumer and, on the other hand, the supplier, resp. Seller.
Processing of personal data
All handling of Buyers' personal data is governed by Act No. 101/2000 Coll., On personal data protection as amended and other legislation in force in the territory of the Czech Republic. The buyer at his own discretion (by pressing the "Complete the order" button) expresses that he is aware of all the above facts and agrees to further processing of their personal data for the purposes of the business activities of the operator of this e-shop.
The provision of personal data is voluntary, you have the right to access the data and you are entitled to the protection of your rights to the extent provided by law. You can revoke this consent at any time in writing. Personal data will be fully secured against misuse. Data will be stored and not shared with third-party applications.
The operator of this e-shop is the administrator and at the same time the processor of personal data in the sense of the above law. These pages contain valid identification data of the eshop operator and an updated list of contacts for contact with Buyers. The company MASANTA sro. is registered in the Register of Administrators of the Office for Personal Data Protection under the registration number 00004879 with registration date 2.5.2011.
The Seller / Operator is entitled to use the provided personal data beyond the scope of processing necessary for the conclusion and performance of the Contract only under the conditions set out below.
Buyer by providing the above personal information and clicking on the confirmation icon voluntarily agrees that the information provided to the extent that it has completed or that it has been completed in a particular case obtained about it on the basis of a concluded Purchase Agreement or within the scope of browsing the website operator were processed by the Operator and the Seller, whose data are listed in the Preamble to these Terms, as the Administrator for the purpose of offering the Services and Products of the Administrator, sending information about the administrator's activities, including by electronic means (especially e-mail, SMS messages, telemarketing) according to Act No. 480/2004 Coll., for the period until the revocation of this consent (e.g. by sending any message to email: email@example.com). By processing above personal data may be authorized by the controller as a processor.
The controller hereby informs the data subject and provides him with an explicit rights arising from Act No. 101/2000 Coll., on the protection of personal data, i.e. in particular that the provision of personal data to the controller is voluntary, that the data subject has the right to their access, has the right to revoke the above consent at any time in writing at the administrator's address and beyond has the right to contact the Office for Personal Data Protection in the event of a breach of his rights and demand an appropriate remedy, such as refraining from such conduct by the administrator, elimination of the situation, provision of an apology, correction or addition, blocking, liquidation of personal data, payment of monetary compensation, as well as the use of other rights arising from § 11 and 21 of this Act. If the Buyer wishes to correct personal information, that the Operator or the Seller processes, he can request it at the email address firstname.lastname@example.org or at the above-mentioned postal address of the Operator or the Seller.
4. Order and conclusion of the Contract
The Buyer is entitled to order goods from the Seller through the ordering system of the e-shop, or by phone.
The proposal for concluding the purchase contract is the placement of the offered goods by the Seller on the website, the purchase contract is created by sending the order, or by telephone order of the Buyer the consumer and the acceptance of the order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by an informative email to the specified email, however, this confirmation for the creation of the Contract it has no influence. The resulting contract (including the agreed price) can be changed or canceled only on the basis of the agreement of the parties or on legal grounds.
These GTC are prepared in Czech, while the purchase contract can also be concluded only in Czech. A consumer who is domiciled in a Member State of the European Union outside the territory of the Czech Republic, or who is a citizen of a Member State of the European Union outside the territory of the Czech Republic, by confirming the order he agrees to the conclusion of the purchase contract in Czech. After concluding the purchase contract, it is not possible to determine whether, during processing data before placing the order, errors occurred, or to correct these errors. For closed purchase, the contract is archived by the Seller and is accessible to the Buyer within the deadline upon request 5 years from the date of its signature.
5. Price and payment
The offer with the prices stated on the seller's e-shop is contractual, final, always current, and valid, for as long as they are offered by the Seller in the online store. Costs for transport are listed in the section "Shipping and Returns". Other payments connecting with long distance communication are paid by the Buyer. The final calculated price after completion of the order form is already listed, including shipping. As a price at the conclusion of the contract between the seller and the buyer, the price stated for the goods at the time of ordering the goods by the buyer applies.
The tax document based on the Purchase Agreement between the Seller and the Buyer also serves as a delivery note. The buyer can take over the goods in principle only after full payment, if this is not agreed otherwise.
In the event that the Buyer makes the payment and the Seller is subsequently unable to ensure delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The deadline for returning the amount of funds spent depends on the chosen method of their return, but must not exceed for a period of 30 days from the moment when this impossibility arose.
The goods remain the property of the seller until full payment.
The seller accepts the following payment terms:
- Cash on delivery (only in CZ)
- Bank transfer
- Credit Card
6. Delivery time and delivery conditions
The seller will fulfill the delivery of goods by handing over the goods to the buyer, or by handing over the goods to the first carrier, thus also passes to the Buyer the risk of damage to the goods.
The product description indicates its availability. Delivery time depends on the availability of the product, payment terms and delivery terms, and is a maximum of 15 days. In some cases, we ship the goods within 1 working day of paying the full amount of the purchase price. The final delivery date is always stated in the email confirming the order. Included delivery is not the installation of purchased goods. Together with the shipment, the Buyer will receive a tax document/invoice.
The delivery period begins to run for the goods that will be paid by the Buyer upon receipt, i.e. cash on delivery on the day of the valid conclusion of the Purchase Agreement pursuant to Article IV. of these GTC. If the Buyer has chosen other variant of payment than payment for the goods upon receipt, the delivery period begins to run only from the full payment of the purchase price, i.e. from the crediting of the relevant amount to the Seller's account.
The seller accepts the following delivery conditions:
- Czech Post
- Out of the Czech Republic, please check with our Customer Service.
Within 14 days of purchasing the goods, we provide the opportunity to exchange the goods free of charge, this free exchange is available to the customer once, either by sending a new one size of the goods or another product.
In the case of returning the goods to the Seller within 14 days, the Buyer pays the return shipping costs.
7. Warranty and service
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or producer, having regard to the nature of the goods and the advertising made by them,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are normally used,
- the goods correspond in quality or design to the contracted sample or model, provided that the quality or design was determined on the basis of the contracted sample or model,
- the goods are in the appropriate quantity, measure or weight, and
- the goods comply with the requirements of legal regulations.
Provisions referred to in Article 7.2. 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 when taken over by the buyer, or this due to the nature of the goods.
If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
The Buyer exercises the rights arising from defective performance with the Seller at the address of its establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or the place of business.
In the case of sending the goods to the Seller, it is necessary to pack the goods for transport in such a way that it is not damaged during transport.
Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.
The Seller does not provide the Buyer with post-warranty service.
8. Complaints procedure
In the event that a defect occurs during the warranty period, the Buyer has, depending on the nature of this defect, when exercising the warranty the following rights:
in case of defect remediable:
a.) the right to free, proper and timely rectification of the defect
b.) the right to replace defective goods or defective parts, unless this is due to the nature of the defect disproportionately
c.) in case of impossibility of the procedures referred to in points a.) and b.) is entitled to a reasonable discount from the purchase price or withdrawal from the purchase contract in case of defect irreparable:
a.) the right to exchange defective goods or withdraw from the purchase contract in the case of a defect remediable, if the Buyer can not for the recurrence of the defect after repair (ie the goods have already been claimed 3 times for the same defect) or for a larger number defects the thing to use properly
a.) the right to exchange defective goods or withdraw from the purchase contract in the case of other irreparable defects and if the consumer does not request an exchange of the item:
a.) the right to a reasonable discount on the purchase price or withdrawal from the purchase contract
Complaints can be made to the Seller in all its establishments.
Complaints do not apply to cases:
if a defect or damage has occurred demonstrably by improper use, inconsistent with instructions for use or other incorrect actions of the Buyer demonstrable tampering with the goods for defects caused by normal wear and tear of consumer goods within a specified period use in accordance with special legal regulations if such a complaint is made after this period defects caused by natural disasters.
9. Termination of the Agreement
Due to the nature of concluding the Purchase Agreement through distance communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 14 days of receipt of the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with the provisions of Section 1829 of Act No. 89/2012 Coll., the Civil Code, as amended later regulations. The above does not apply to the Buyer, who is an entrepreneur and enters into a Purchase Agreement in connection with its business activities. In case of withdrawal from the contract, the Seller will return the funds received from the Buyer, including delivery costs, within fourteen (14) days of withdrawal from the purchase contracts by the Buyer, in the same way as the Seller received them from the Buyer. If the Buyer has chosen another than the cheapest method of delivery of goods offered by the Buyer, the Seller shall return to the Buyer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery of goods offered.
The seller is also entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another way if the Buyer agrees and they do not arise Additional costs to the buyer. If the Buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him or proves that he sent the goods to the Seller.
The Seller has the right to withdraw from the Contract in the event that the Buyer does not pay the full amount of the purchase prices within thirty (30) days from the date of conclusion of the Purchase Agreement.
10. Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
The handling of consumer complaints is provided by the seller via the electronic address email@example.com. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 00020869, Internet address: https://adr.coi.cz/cs , is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform, located at https://ec.europa.eu/consumers/odr , can be used to resolve disputes between the seller and the buyer under the purchase agreement.
European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: https://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
11. Final provisions
The Buyer shall enable the Seller to fulfill its obligations in accordance with the Offer / Contract, for which purpose develop all necessary synergies.
The Buyer undertakes to reimburse all costs incurred by the Seller by sending reminders and the costs associated with the recovery of any claims.
The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party.
The Buyer will immediately inform the Seller about the change of its identification data, no later than 5 working days from the date on which such a change occurred.
The Parties undertake to make every effort to settle amicably any disputes which may arise from the Contract and/or the GTC or in connection with them.
The mutual contractual relationship of the contracting parties is governed by the law of the Czech Republic, in particular, Act No. 40/1964 Coll., the Civil Code, as amended. For contracting purposes with an international element hereby in accordance with Article III. Regulation No 593/2008 on the law applicable for contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (Řím Rome I ’) that they had chosen the law applicable to the purchase agreement and these GTC Czech law, with the exclusion of the application of the “UN Convention on Contracts for the International Sale of Goods goods". This choice is without prejudice to Article VI of Rome I, concerning consumer contracts.
In the event that any provision of the Agreement and/or the GTC is or will happen or will be found invalid or unenforceable, it will not affect (to the maximum extent permitted by law regulations) the validity and enforceability of the remaining provisions of the Contract and/or the GTC. In contractual such cases, the parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision, which will be as identical and legal as possible permissible meaning and effect, as was the intention of the provision to be replaced.
Out of legal precaution, the parties hereby declare, in cases of contracting with the international element for any case of dispute (with the exception of disputes for which exclusive jurisdiction is given and/or in connection with them) or in cases where it would be a final decision the court found that there is no jurisdiction of the arbitrator under this article of the GTC, that in accordance with Art. 23 Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements judicial decisions in civil and commercial matters, conferring exclusive jurisdiction of the Municipal Court in Prague for resolving all future disputes under the Contract and/or GTC and/or in connection with them. The parties also hereby establish for all disputes in connection with the Contract and the GTC (with the exception of disputes in which the exclusive jurisdiction of the arbitrator is given and/or in connection with them) the exclusive jurisdiction of the Municipal Court in Prague.
These GTC come into force and effect on 1.7.2021 and are also available on the Internet Seller's website. The Seller is entitled to change these GTC at any time. The GTC then lose validity and effectiveness on the day the GTC enters into force later.
In accordance with Act No. 185/2001 Coll., On waste, as amended, the goods purchased by the Buyer are obliged to pay a recycling fee. The Buyer shall fulfill this obligation together with the payment of the purchase price to the Seller. The amount of the recycling fee is always stated in the product detail on the Seller's website.
In accordance with Act No. 216/2006 Coll., On Copyright, on Rights Related to Law copyright and amending some laws, as amended, in connection with the Decree of the Ministry of Culture No. 488/2006 Coll., the goods purchased by the Buyer apply the obligation to pay the so-called author's fee. The author's fee is paid from any goods, which is associated with the ability to copy data and record them. The specific amount of the author's fee is always stated in the product detail on the Seller's website.