Terms and Conditions
I. Basic Provisions
These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").
SVĚTOVA 1 z.s.
ID: 09237607
VAT ID: CZ09347607
Registered office: Světova 523/1, 180 00 Prague 8, Czech Republic
Registered at the Municipal Court, File No. L 73690/MSPH
Contact details:
Email: [email protected]
Website: svetova1.cz
(hereinafter referred to as the "Seller")
These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person entering into a purchase agreement outside their business activities as a consumer, or within their business activities (hereinafter referred to as the "Buyer") through the web interface located on the website accessible at the internet address: s1.bigcartel.com (hereinafter referred to as the "Online Store").
The provisions of these Terms and Conditions are an integral part of the purchase agreement. Deviations in the purchase agreement take precedence over the provisions of these Terms and Conditions. These Terms and Conditions and the purchase agreement are concluded in the English language.
II. Information about Goods and Prices
Information about goods, including the prices of individual goods and their main characteristics, is provided for each item in the catalog of the online store. The prices of goods include value-added tax, all related fees, and the costs of returning the goods if the nature of the goods does not allow them to be returned by regular mail. The prices of goods remain valid as long as they are displayed in the online store. This provision does not exclude the conclusion of a purchase agreement under individually negotiated conditions.
All presentations of goods in the online store catalog are for informational purposes only, and the Seller is not obliged to conclude a purchase agreement for such goods.
Information about the costs associated with packaging and delivering goods is published in the online store. Information about the costs of packaging and delivering goods specified in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.
Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the Seller and the Buyer.
III. Order and Conclusion of Purchase Agreement
The costs incurred by the Buyer when using distance communication means in connection with the conclusion of a purchase agreement (costs of internet connection, telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.
The Buyer places an order for goods in the following ways:
through their customer account, if they have registered in the online store,
by filling out the order form without registration.
When placing an order, the Buyer selects the goods, the quantity of goods, the method of payment, and delivery.
Before submitting the order, the Buyer is allowed to check and modify the data entered into the order. The Buyer sends the order to the Seller by clicking the "submit order" button. The data provided in the order is considered correct by the Seller. The condition for the validity of the order is the completion of all required data in the order form and the Buyer's confirmation that they have read these Terms and Conditions.
Immediately after receiving the order, the Seller will send the Buyer a confirmation of the order to the email address provided by the Buyer during the order. This confirmation is automatic and does not constitute the conclusion of the contract. The current Terms and Conditions of the Seller are attached to the confirmation. The purchase agreement is concluded only after the Seller accepts the order. Notification of the acceptance of the order is sent to the Buyer's email address. / Immediately after receiving the order, the Seller will send the Buyer a confirmation of the order to the email address provided by the Buyer during the order. This confirmation is considered the conclusion of the contract. The current Terms and Conditions of the Seller are attached to the confirmation. The purchase agreement is concluded by confirming the order by the Seller to the Buyer's email address.
If the Seller cannot fulfill any of the requirements specified in the order, the Seller will send a modified offer to the Buyer's email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the Buyer confirming acceptance of this offer by the Seller to their email address as stated in these Terms and Conditions.
All orders accepted by the Seller are binding. The Buyer may cancel the order until the Seller sends a notification of the acceptance of the order. The Buyer can cancel the order by phone at the phone number or email of the Seller as specified in these Terms and Conditions.
In the event of an obvious technical error on the part of the Seller in specifying the price of the goods in the online store or during the ordering process, the Seller is not obligated to deliver the goods to the Buyer at this obviously incorrect price, even if the Buyer has received an automatic order confirmation according to these Terms and Conditions. The Seller will inform the Buyer about the error without undue delay and will send a modified offer to the Buyer's email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the Buyer confirming acceptance of this offer by the Seller to their email address as stated in these Terms and Conditions.
IV. Payment Conditions
The Buyer can pay the purchase price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the Seller using the following methods:
in cash at the Seller's premises at the address: Světova 523/1, 180 00 Prague 8, Czech Republic
cash on delivery to the address specified by the Buyer in the order,
by wire transfer to the Seller's account specified in the order,
electronically via the payment gateway provided by the payment service provider.
Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivering the goods at the agreed rate. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article III.5 of these Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the conclusion of the purchase agreement.
The Seller is entitled, especially if the Buyer does not provide additional confirmation of the order (Article III.4), to require payment of the full purchase price before sending the goods to the Buyer. The provisions of § 2119 (1) of the Civil Code do not apply.
V. Delivery and Acceptance of Goods
The Seller will deliver the goods to the Buyer at the place specified by the Buyer in the order.
The Buyer is obliged to take over the goods personally or to ensure that the goods can be taken over by the person authorized by them in the order.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier without delay. In the event of a violation of the packaging indicating unauthorized intrusion into the consignment, the Buyer does not have to take over the shipment from the carrier.
If the Buyer does not take over the goods from the carrier, the Seller is entitled to withdraw from the purchase agreement.
VI. Rights from Defective Performance
The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code).
The Seller is responsible 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 the Buyer took over the goods:
the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, the goods have the characteristics described by the Seller or expected by the Buyer given the nature of the goods and the advertising carried out by them,
the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
the goods are in the appropriate quantity, measure, or weight and correspond to the requirements of legal regulations.
The provisions of Article VI.2 of these Terms and Conditions do not apply to goods sold at a lower price agreed due to a defect for which a lower price was agreed, to wear and tear caused by common use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the Buyer, or if it is clear from the nature of the goods.
If a defect becomes apparent within six months of the Buyer taking over the goods, it is considered that the goods were already defective upon receipt.
The Buyer exercises their rights from defective performance at the Seller's address: Světova 523/1, 180 00 Prague 8, Czech Republic. The moment of the exercise of this right is considered to be the moment when the Seller received the goods claimed by the Buyer from the Buyer.
Other rights and obligations of the parties related to the Seller's liability for defects can be regulated by the Seller's Complaints Procedure.
VII. Other Rights and Obligations of the Contracting Parties
The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 (1) (e) of the Civil Code.
Out-of-court settlement of consumer disputes arises from the purchase agreement. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, is competent for out-of-court settlement of consumer disputes. More information is available on the website of the Czech Trade Inspection Authority: https://www.coi.cz/. The online dispute resolution platform is available at http://ec.europa.eu/consumers/odr.
European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, is responsible for the out-of-court settlement of consumer disputes arising from the purchase agreement.
The Seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade licensing office within its competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
VIII. Out-of-Court Dispute Resolution
The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from a purchase agreement. The online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer from the purchase agreement.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as a contact point in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
The seller is authorized to sell goods based on a trade license. The relevant trade licensing office carries out trade inspections within its scope. The Czech Trade Inspection, among other responsibilities, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.
IX. Final Provisions
All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase agreement includes an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
The seller is not bound by any codes of conduct concerning the buyer under Section 1826 (1) (e) of the Civil Code.
All rights to the seller's website, including copyrights to content, layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the seller's consent.
The seller is not responsible for errors resulting from third-party interventions in the online store or its misuse. The buyer must not use procedures that could negatively affect its operation when using the online store. The buyer must not engage in any activity that could allow unauthorized interference or use of software or other components constituting the online store by them or third parties, and must use the online store or its parts or software equipment in a manner that is not contrary to its purpose.
The buyer hereby assumes the risk of changes in circumstances within the meaning of Section 1765 (2) of the Civil Code.
The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.
The model withdrawal form is annexed to the terms and conditions.
These terms and conditions take effect on November 1, 2023.