SELLER DETAILS
Trading company ICO Yaroslav Shelest
Address: Olbramovická 699/17 142 00 Praha 12 Czech Republic
Correspondence address: Olbramovická 699/17 142 00 Praha 12 Czech Republic
Identification number (IČO): 21614563
Website: www.exoticsweet.com
GENERAL RULES
2.1. These Purchase Terms and Conditions (hereinafter referred to as the „Terms and Conditions“) of the trading company Yaroslav Shelest, Praha, IČO: 21614563 (hereinafter referred to as the „Seller“) regulate the rights and obligations of the parties arising from the purchase agreement (hereinafter referred to as the „Agreement“) concluded between the Seller and another natural or legal person (hereinafter referred to as the „Buyer“) via the Seller’s online store. The Seller’s online store is located at www.exoticsweet.com.
2.2. The Terms define the rights and obligations of the Parties in the scope of using the Seller’s website located at www.exoticsweet.com (hereinafter referred to as the „Website“), as well as other legal relations.
2.3. Conditions other than those set out in these Terms may be set out separately in a separate purchase agreement. The conditions set out in the purchase agreement shall take precedence over these Terms.
2.4. These Terms and Conditions constitute an integral part of the Agreement. These Terms and Conditions and the Agreement are drawn up in Polish.
2.5. The content of these Terms and Conditions may be changed or supplemented by the Seller. Thus, the current version of the document does not affect the rights and obligations of the parties that arose during the validity of the previous version of the document.
PERSONAL ACCOUNT
3.1. Based on the Buyer’s registration on the Website, the Buyer gains access to their personal account on the Website (hereinafter referred to as the „Personal Account“). The registered Buyer may make purchases on the Website. The Website also allows for making purchases without the need to register the Buyer on the Website.
3.2. In the event of a purchase without registration, the Buyer will be automatically registered on the website and a confirmation and a link to create a personal password will be sent to the Buyer’s e-mail address.
3.3. When registering on the Website and ordering goods, the Buyer is obliged to provide correct and truthful data. The Buyer is obliged to update the data saved in the Personal Account in the event of their change. The data entered by the Buyer in the Personal Account and the data indicated by the Buyer when ordering goods are considered correct by the Seller.
3.4. Access to the Buyer’s Personal Account is via the Username and password. The Buyer is obliged to keep confidential the information necessary to access his Personal Account and is aware that the Seller is not liable for failure to fulfill this obligation.
3.5. The Buyer is not obliged to make his/her Personal Account available to third parties.
3.6. The Seller may remove a registered Buyer, especially if the Buyer has not used the Personal Account for a long time or if the Buyer fails to fulfill the obligations arising from the Agreement, including these Terms and Conditions.
3.7. The Buyer is aware that the Personal Account will not be available at all times, in particular in the event of maintenance work on the server or software of the Seller’s devices or any maintenance work on the server or software of third party devices.
CONCLUSION OF THE AGREEMENT
4.1. The Seller’s Website contains a list of products offered for sale by the Seller, along with prices for all products offered. All prices on the Website include VAT applicable in the Czech Republic.The list of products and their prices are valid as long as they are displayed on the Website. This clause does not limit the Seller’s ability to conclude an Agreement on individual terms. The Seller is not obliged to conclude an Agreement based on product data posted on the Website.
4.2. The Seller’s Website also contains information on the costs associated with transporting the goods to the final buyer. Transport costs may vary depending on the Buyer’s location.
4.3. The Seller’s website does not contain information on any customs duties and taxes that the Buyer may have to pay in the country of receipt of the goods.
4.4. In order to purchase goods, the Buyer must place an order on the Website. The order will contain primarily the following information:
— ordered goods (the ordered goods will fit in the electronic basket of the Service).
— payment method and currency
— the method and costs of delivery of goods (hereinafter collectively referred to as the „Order“)
4.5. Before placing an order, the Buyer will have the opportunity to check and possibly change the data provided by him/her in the Order. The Buyer places an order by clicking on the „Place an order“ link. The information provided by the Buyer in the Order is accepted by the Seller as correct. After receiving the Buyer’s Order, the Seller immediately confirms receipt of the Order by e-mail to the e-mail address provided in the Order or in the Buyer’s personal account (hereinafter „E-mail Address“).
4.6. The Seller has the right, depending on the nature of the Order (quantity of goods, price of goods, estimated transport costs), to request additional confirmation of the Order from the Buyer (e.g. in writing or by phone)
4.7. The Agreement between the Seller and the Buyer is deemed to be concluded after the Buyer places an Order and receives appropriate confirmation electronically.
4.8. The Buyer is aware that the Seller is not obliged to conclude the Agreement, in particular with persons who have previously seriously violated the terms of the Agreement (including the Terms).
4.9. The Buyer agrees to the use of electronic communication when concluding the Agreement. The costs incurred by the Buyer due to the use of electronic communication in order to conclude the Agreement (Internet and telephone calls) are borne by the Buyer.
PRODUCT PRICES AND PAYMENT TERMS
5.1. All prices listed on the Service include VAT applicable in the Czech Republic. For the sale and shipment of goods to other countries, VAT rules may vary and will be applied accordingly.
5.2. The Buyer may pay the price of the goods and the shipping costs to the Buyer under the Agreement in the following manner
– by cashless transfer to the Seller’s bank account (for this purpose, you should additionally request the Seller to issue an Invoice for payment of the Order)
— using VIZA, MASTERCARD, MAESTRO payment cards on the Seller’s Website.
5.3. Along with the price of the goods, the Buyer is obliged to pay all fees and charges of the bank or third parties resulting from the transfer.
5.4. Along with the price of the goods, the Buyer is obliged to cover the costs of delivering the goods to the Buyer. Unless otherwise agreed, the price of the goods is the price of the goods together with the costs of delivering the goods to the Buyer.
WITHDRAWAL FROM THE CONTRACT
6.1. The Buyer is aware that it is not possible to withdraw from the contract in the case of goods processed or modified by the Buyer, perishable goods, goods with a limited shelf life, goods with a short period of use and aging.
6.2. Unless this applies to the goods referred to in point 6.1 or in any other case where withdrawal from the contract is impossible, the Buyer has the right to withdraw from the contract within 14 days of receipt of the goods by the Buyer.
6.3. In the event of withdrawal from the Agreement under point 6.2. The Agreement shall be terminated in its entirety. The Goods must be sent to the Seller within 5 business days from the date of delivery of the Application for Withdrawal from the Agreement to the Seller. The Buyer shall bear the costs associated with delivering the Goods from the Buyer to the Seller. In the event of a breach by the Buyer of the obligation in the previous sentence, the Seller shall be entitled to impose on the Buyer a penalty of CZK 250 (two hundred and fifty) for each day of extension. However, the amount of the penalty may not exceed the sales price of this product. The Goods must be returned to the Seller in an undamaged and unused condition, in the original packaging.
6.4. Within 10 days of receiving the goods from the Buyer, the Seller is obliged to check the returned goods, primarily for any damage or traces of use.
6.5. In the event of withdrawal from the Agreement in accordance with point 6.2 of these Terms, the Seller shall return to the Buyer the price of the returned goods (excluding the costs of delivering the goods to the Buyer) within 10 days of the expiry of the period for checking the goods in accordance with point 6.4 of these Terms. The refund shall be made: by transfer to the Buyer’s account (in the event that the goods were paid for by transfer to the Seller’s account) or by transfer to the Buyer’s bank card (in the event that the goods were paid for by bank card via a payment terminal on the Seller’s Online Service).
6.6. The Buyer is aware that if the goods returned to the Seller are damaged, used or partially used, the Seller is entitled to compensation for damage caused by the Buyer as a result of damage or use of the goods. The Seller unilaterally deducts such compensation in cash from the value of the returned goods. The Seller may also deduct the amount of the penalty in accordance with point 6.3.
DELIVERY OF GOODS
7.1. Unless otherwise provided in the Agreement, the Seller reserves the right to decide on the method of delivery. In the event of choosing the method of delivery at the request of the Buyer, the risk and additional costs that may arise in connection with the choice of the method of delivery are borne by the Buyer.
7.2. When placing an order, the Buyer may choose one of the offered delivery methods:
7.2.1. Delivery via Zasilkovna.cz
7.2.2. Delivery via DPD (in some cases)
7.3. If the Buyer, for any reason, refuses to receive the goods from the forwarding company, he is obliged to cover all costs related to the storage of the goods and their possible return to the Seller.
7.4. Delivery time is usually 2 to 7 days.
LIABILITY FOR DEFECTS, WARRANTY
8.1. The rights and obligations of both Parties regarding liability for defects, including warranty liability, are governed by the Civil Code of the Czech Republic.
8.2. The Seller guarantees that the goods sold under the Agreement are in good working order and free from defects. Compliance with the agreement means that the goods have the quality and properties described in the agreement and described by the Seller, Manufacturer or its representative, in the appropriate quantity, measure or weight and correspond to the purposes of use that the Seller describes for the goods or for which the goods are usually used.
8.3. If after receiving the goods the Buyer finds that they are not in accordance with the contract, they have the right to obtain goods in accordance with the contract or to have the defective goods replaced or repaired. If this method is not possible, the Buyer may request an appropriate reduction in the value of the goods or withdraw from the contract. This provision does not apply if, before receiving the goods, the Buyer knew about the non-conformity of the goods with the contract or this non-conformity was caused by the actions of the Buyer or the transport company.
8.4. In order to consider a warranty case, the Buyer should complete an appropriate application with a description of the problem and send it to the postal or e-mail address of the Seller.
8.5. The Seller shall perform warranty obligations at its actual address. All costs related to the transport of goods to and from the place of performance shall be borne by the Buyer.
8.6. If after receiving the goods the Buyer finds that the package is damaged, the package should be opened in the presence of a postal worker/courier and the completeness of the package should be checked. A protocol should be drawn up and, if possible, photos or a video recording should be taken.
8.7. After receiving the shipment, the Buyer should check its completeness. If it is found that some elements are missing from the shipment, it is necessary to take a photo or record a video of the open box and its elements, as well as determine the total weight of the items. The Buyer is obliged to report the incompleteness of the goods within 24 hours of receiving the shipment.
OTHER OBLIGATIONS OF THE PARTIES
9.1. Ownership of the goods passes to the Buyer upon payment of the purchase price.
9.2. The Buyer is aware that all software and other elements of the online store Service (including photos of the goods offered) are protected by copyright. The Buyer undertakes not to conduct any activities that would allow him or a third party to illegally enter or use the software or other parts of the online store Service.
9.3. The Buyer may not use any mechanisms, software or other means when using the Online Store Service that could have a negative impact on the operation of the Online Store Service. The Online Store Service may only be used to the extent that it does not infringe the rights of other Buyers and in a manner consistent with its intended use.
9.4. The Buyer is aware that the Seller is not liable for errors resulting from interference in the operation of the online store Website by third parties or from the use of the store Website for purposes other than its intended purpose.
PERSONAL DATA PROTECTION AND COMMERCIAL INFORMATION.
10.1. Information on the protection of personal data can be found at the following link.
EXCHANGE OF CORRESPONDENCE
11.1. Unless otherwise agreed, all correspondence relating to the Agreement shall be delivered to the other Party in writing, i.e. by e-mail, in person or by registered mail through a postal service representative.
11.2. The message is deemed to have been delivered:
11.2.1. in the case of an electronic letter – the moment of its acceptance on the incoming mail server; the integrity of letters can be ensured by a certificate
11.2.2. In the case of personal delivery or by post, upon receipt of the shipment by the addressee
11.2.3. In the case of personal delivery or by post, also by refusing to accept the shipment if the addressee (or a person authorized to accept the shipment on behalf of the addressee) refuses to accept it
11.2.4. In the case of postal deliveries, also the period of 10 days from the date of receipt of the shipment at the post office and issuing to the addressee a notice of the need to collect the shipment or if the addressee has not received information about the shipment.
RESOLUTION OF CONSUMER DISPUTES
12.1 In the event of a consumer dispute between the Seller and the Buyer under the Agreement, which cannot be resolved by mutual agreement of the parties, the Buyer has the right to submit an application for an out-of-court settlement of such dispute to the body competent to resolve such disputes, which is:
Czech Trade Inspection (Česká obchodní inspekce)
Chief Inspectorate – ADR branch
Štěpánská 15
120 00 Praha 2
Czech Republic
Email: adr@coi.cz
Web: adr.coi.cz
FINAL PROVISIONS
13.1. If the relationship between the Seller and the Buyer related to the use of the Service is of an international nature, this relationship is subject to the law of the Czech Republic. This does not affect the rights of the consumer resulting from generally binding legal acts.
13.2. The Seller is obliged to sell goods on the basis of a business permit issued by the relevant supervisory authority.
13.3. If any provision of these Terms is or becomes invalid, the closest valid meaning to the invalid provisions shall apply instead. If any clause is invalid, this shall not apply to the remaining clauses of these Terms. Amendments or supplements to the Agreement or these Terms must be in writing.
13.4. The Agreement, together with the Terms of Purchase, is archived by the Seller in electronic form and is not available.
13.5. Seller’s contact details for correspondence: Self-employed person Yaroslav Shelest, Olbramovická 699/17 142 00 Praha 12 Czech Republic, e-mail address: info@exoticsweet.com
Prague, 20/12/2024