General Terms and condition of an internet shop (E-shop)
1. General provisions
1.1. These General Terms and Conditions govern the rights and obligations of the Contracting Parties arising from a remote contract between the company AKSANA s.r.o., ID number: 25743031 a company registered with the Commercial Register of the Regional Court of Hradec Králové, Section Sro, Insert No. C 23897 (hereinafter referred to as the "Seller") and the Buyer, the subject of which is the purchase and sale of goods, as well as the delivery of custom-made goods on the Seller's Web site titled https://www.castellonhatscaps.com.
1.2. The General Terms and Conditions are an integral part of the Contract of Sale. If the Seller and the Buyer conclude a written Contract of Sale in which they agree on the terms which are different from the General Terms and Conditions, the provisions of the Contract of Sale shall refer to the General Terms and Conditions.
1.3. Key definitions:
● E-shop – a computer system located in the Internet network with public access that enables to purchase goods.
● Buyer - a person or legal entity who has concluded a Contract of Sale with the Seller.
● Consumer - a person who is acting for the purposes which are outside their line of business, employment or profession, when concluding and performing the Contract.
● Goods - products that are in the current offer of the E-shop. The term "goods" shall mean "new goods", "used goods" and "custom-made goods" unless the context indicates otherwise.
● New goods - goods that have not been used and are in the manufacturer's original packaging, including all accessories.
● Used goods - goods which have already been used and are designated as "used goods". The Buyer takes into account that the used goods may be worn out or may have defects caused by their use. The condition of the goods is specified on the E-shop in its description and any defects or wear and tear are taken into account in the price of the goods.
● Custom-made goods – production of goods based on the Buyer’s specific requirements, e.g. production of baby-carriers from fabrics provided by the Buyer.
● Purchase price – total price in which the price of the goods is included, including the cost of delivery.
1.4. These General Terms and Conditions shall also govern the rights and obligations of the Contracting Parties when goods are borrowed via the E-shop.
2. Electronic ordering and conclusion of the Contract of Sale
2.1. An electronic order for the purpose of delivering the goods shall mean:
2.1.1. An electronic form containing information about the Buyer, a list of ordered goods from the offer of the E-shop including the size of the goods, patterns, or accessories on the baby-carrier / jackets / jumpers, the total price of such goods and the delivery cost, the payment method and the delivery method processed by the electronic commerce system.
2.2. In case of the electronic ordering of production and delivery of baby- carriers, the Buyer shall order via the configurator.
2.3. An electronic order for the delivery of custom-made goods shall mean:
2.3.1. An electronic form which contains information about the Buyer, the size of the goods, information on the production from own baby-wraps, or textiles (fabrics), accessories on baby-carriers / jackets / jumpers, the total price of such goods and the delivery cost, the payment method and the delivery method processed by the electronic commerce system.
2.4. The validity of an electronic order is conditioned by the provision of all required information in the registration form by the Buyer, including their phone contact.
2.5. The Contract of sale is concluded at the moment of acceptance of the contract by notification of the receipt of the order by the Seller's electronic system.
3. Price terms
3.1. When ordering goods, a price published as the price of the goods shall apply to the goods. Selling prices in the E-shop shall be displayed in Euro. The delivery cost of goods or cost of custom-made production are not included in the price of goods; they will be added to the price of goods, according to the General Terms and Conditions.
3.2. Special offers and any other discounts shall apply for the period during which the special offer stands, and subject to the conditions specified for each special offer or discount separately. Various special offers and discounts can not be combined unless stated otherwise.
3.3. In case of delivery of goods or services abroad, the Seller is not responsible for the customs duties, fees and taxes incurred due to the transport of goods from the Slovak Republic. These costs shall be covered solely by the Buyer.
4. Method of payment
4.1. Cash on delivery - the Buyer shall pay the courier for the goods upon the receipt of the shipment.
4.2. Cashless bank transfer to the bank account of the Seller – after receiving a request for payment and receipt of the necessary data by e-mail sent by the Seller, the Buyer shall transfer the total amount for the ordered goods (purchase price) to the account within the Czech Republic: Account number 1143129359/0800, please enter the order code as a variable symbol
Payment from abroad: Account number 2012517233/0800, IBAN: CZ4308000000002012517233, BIC (SWIFT): GIBACZPX, please enter the order code as a variable symbol (it is important to fill in both IBAN and SWIFT!) The Order will be processed after the total amount of the purchase price has been credited to the Seller's account within the delivery periods referred to in Art. 5 of these General Terms and Conditions. In case of termination of the contract, the payment shall be refunded to the buyer’s account in full amount.
4.3. Payment via GlobalPayments payment gateway (prompt payment, credit card payment, payment by bank transfer). Approved and regulated by the National Bank of the Czech Republic and the Ministry of Finance of the Czech Republic.
5. Delivery terms
5.1. Delivery of ordered goods is processed in the shortest possible time depending on the availability of the goods and the Seller's operational possibilities. The Seller shall send all goods indicated as available in stock within 72 hours of order confirmation, or, if paid in advance by bank transfer, the goods will be shipped within 72 hours of receiving the total amount of the purchase price in the Seller's account. Upon the delivery of goods ordered per order, as well as the goods out of stock at the time of order confirmation, the goods will be sent within 6 weeks of order confirmation and crediting the total amount of the purchase price to the Seller's account. In justified cases, the Seller is entitled to prolong the delivery period of goods even repeatedly.
5.2. In case of an order of custom-made goods, these orders are processed within 6 weeks of the order confirmation, crediting the total amount of the purchase price to the Seller's account as well as delivery of the fabric (textile) from the Buyer. And this delivery time begins to run until all previous conditions have been met. In justified cases, the Seller is entitled to prolong the delivery period of goods, even repeatedly.
5.3. If the order contains numerous items and some of them are not in stock, the Seller shall inform the Buyer of this, offering the possibility of partial deliveries and advising of delivery costs.
5.4. Goods are delivered through third parties (suppliers) to the address provided by the Buyer in the order form, and the Buyer is obliged to accept the delivery at this address.
5.5. The invoice is delivered electronically to the Buyer's E-mail address provided in the order form. The invoice also serves as a warranty card.
5.6. Goods can be accepted in person at the Seller's shop floor by mutual agreement.
5.7. Goods are delivered to the Czech Republic or another country by mutual agreement.
5.8. The proprietary right to the goods shall be transferred to the Buyer by the acceptance of the goods.
5.9. When accepting delivery of goods, the Buyer is encouraged to check:
– whether the goods were delivered per the order,
– whether the goods were delivered in quantity specified in the order,
– whether the goods are damaged.
If the buyer receives goods they did not order, the buyer is recommended to contact the Seller by e-mail or by phone within 24 hours of the receipt of the delivery. If the goods have been delivered that are showing signs of damage or visible defects, the buyer is recommended to contact the Seller by e-mail or by phone within 24 hours of the receipt of the delivery. If the goods are found to be damaged, the Buyer is obliged to summarise the extent and nature of the damage on record, the correctness of which will be confirmed by the Courier. Based on this written record delivered to the Seller, the Seller may subsequently offer the removal of the defect, a discount on the goods or, in the case of defects that can not be removed, the delivery of new goods to the Buyer.
6. Withdrawal from the Contract of Sale
6.1. The Seller has the right to withdraw from the Contract of Sale in the following cases:
a. if the Contract of Sale cannot be executed due to reasons caused by the Buyer and the Buyer fails to provide the Seller with the necessary assistance upon written request (incorrect contact details, the Buyer’s lack of communication with the Seller, etc.)
b. if the Buyer has not accepted the order within five working days from the day on which the Buyer was required to accept it,
c. in case of damage to the goods upon dispatch of the order, while the seller cannot fulfil the order due to the current unavailability of such goods in stock,
d. if the goods, at the time of the order, are out of stock, are no longer produced or delivered or the price has changed significantly with the Supplier of the goods and for these reasons the Seller is not able to deliver the goods to the Buyer or to deliver it at a price indicated in the E-shop,
e. in the event that the Buyer has not previously accepted the goods or otherwise violated these General Terms and Conditions or is the Seller's debtor.
f. in case of the supply of custom-made goods, if the Buyer fails to provide the Seller with the necessary assistance (the Buyer has supplied an unsatisfactory, poor quality fabric (textile)).
6.2. In the event that the Buyer has paid to the Buyer the purchase price or part thereof at the time of termination of the Contract of Sale due to withdrawal from the contract by the Seller, the Seller shall return the already paid purchase price or part thereof within 14 days after the expiration of the Contract of Sale by transferring it to the Buyer's bank account unless the Contracting Parties agree to refund the purchase price otherwise.
6.3. 14 day cooling off period (right to cancel and return your order within 14 days, for any reason and without a justification): Buyer, who is a consumer (who is a resident in the European union), complies with the provisions of § 7 (1) of Act No. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the Seller, as amended (hereinafter referred to as "Act No. 102/2014 Coll.), is entitled to withdraw from the Contract of Sale within 14 calendar days from taking over the goods, without giving any reason. If the Buyer makes use of the right to withdraw from the contract, without giving any reason, the Buyer shall bear the cost of returning the goods (postage), even if the goods can not be returned by post concerning the nature of the goods. This provision does not apply on a Contract of Sale concluded with a Buyer who is non residing in the European union.
6.4. The Buyer may withdraw from the Contract of Sale in accordance with clause 6.3 of these General Terms and Conditions before the start of the withdrawal period. The withdrawal period shall remain effective if the notice of withdrawal has been sent to the Seller, at the latest on the last day of the withdrawal period.
6.5. In compliance with the provisions of § 7 Article (6) letter c) of Act No. 102/2014 Coll., the Buyer, who is a consumer, is not entitled to withdraw from a Contract of Sale the subject of which is the sale of goods manufactured to the specific requirements of the consumer, custom-made goods or goods specifically intended for a single consumer.
6.6. The Buyer may exercise the right to withdraw from the Contract of Sale in relation to the Buyer in paper form or send this withdrawal by E-mail to the address of the Seller specified in Seller's contact data. Proof of purchase (the invoice) shall be attached to the withdrawal from the contract. The withdrawal from the contract must include the number and date of the order or the list of the ordered goods, the date on which the goods were delivered, the Buyer's name and surname, permanent address and the manner in which the received payments are to be refunded, including the bank account number in the form of IBAN in the case of a cashless refund.
If the Buyer wishes to withdraw from the contract in writing, the Buyer may use the following template to withdraw from the Contract:
AKSANA s.r.o. Náměstí 31, Nasavrky, 538 25, adresa elektronické pošty firstname.lastname@example.org, telefon 420 469 677 225 .
Re: Withdrawal from the Contract of Sale
I hereby give notice that I withdraw from the Contract of Sale of the following goods:
write the name of goods or order number and invoice number based on which the goods have been delivered to you
Date of ordering the goods: write the date of order,
Date of receipt of the goods: write the date when the goods were delivered to you,
Reason for withdrawal: The Buyer is not obliged to indicate the reason for withdrawal
I ask to return the funds to my account number as follows: please enter your account number in the form of IBAN, bank contact: name of bank / in cash by postal order to the address: please state your name, surname and address
In write the place and date
state your first name and surname, address (including street and number, postcode and village/city) and your signature
Send to: AKSANA s.r.o. Náměstí 31, Nasavrky, 538 25, the Czech Republic
6.7. The Buyer is obliged to send the goods back to the Seller to the following address: AKSANA s.r.o. Náměstí 31, Nasavrky, 538 25, the Czech Republic, within 14 days from the day of withdrawal, or hand the goods over to the Seller in person at the Seller's shop floor by mutual agreement. The Buyer shall bear the cost of returning the goods (postage). The time limit referred to in the first sentence shall be deemed to be maintained if the goods have been handed over to transport or directly to the Seller at the latest on the last day of the time limit. Since the Seller is not responsible for the possible loss of the goods during transport, we recommend that you send the goods by the insured, recorded delivery or by a chosen Courier company. The Seller shall not accept the goods sent cash on delivery.
6.8. The Seller is obliged to refund all payments received upon or in connection with the Contract of Sale to the Buyer, including the delivery cost of goods within 14 days from the date of delivery of the goods. The payment shall be made in the same way as the Buyer used for payment to the Seller unless the Contracting Parties agree to refund the purchase price otherwise, without charging any additional fees.
6.9. The right of the Buyer to withdraw from the contract expires if the Buyer has not exercised it within the withdrawal period and in the manner set out in the preceding paragraphs of these General Terms and Conditions.
6.10. We recommend to the Buyer, when returning the goods, to send the insured package by a Courier.
6.11. The Buyer acknowledges that when gifts are provided with the goods, the donation agreement between the Seller and the Buyer is concluded with a termination clause, ie. if the Buyer's right of withdrawal is exercised, the donation contract shall cease to have effect and the Buyer shall be obliged to return, together with the goods which were the subject of the contract, the gifts provided. If these gifts are not returned, their values will be considered as unjust enrichment to the Buyer. If it is not possible to return subjects of unjust enrichment, the Seller has the right to a monetary compensation equal to the usual price of gifts.
6.12. Remittance of any discount coupons to the Buyer is a unilateral legal act of the Seller. If the Buyer withdraws from the Contract in respect of goods for which the discount coupon has been used in whole or in part, the Buyer is not entitled to ask for compensation for the coupon in cash nor in any other way. The Buyer is always entitled only to reimbursement of the paid purchase price and delivery costs.
6.13. The withdrawal conditions set out in this Article of the Terms and Conditions shall not apply to a non-consumer Buyer or a Buyer with residential address in outside of the European Union.
6.14. The Buyer is not entitled to ask for exchange of the goods, unless the parties agree otherwise.
7. Warranty terms and conditions and return policy
7.1. The Seller shall be liable for defects of the goods on delivery and for defects which occur on the goods during the warranty period. The Seller shall not be responsible for defects which were caused by wear and tear of the goods associated with using. The Seller shall not be liable for a defect for which a lower price has been agreed upon.
7.2. When the Buyer is a consumer, the warranty period shall be 24 months for new goods and 12 months for used goods. Where the Buyer is a person other than a consumer, in particular a legal entity, the warranty period for new and used goods shall be 12 months. The warranty period shall run from the date of receipt of the goods by the Buyer or authorized representative.
7.3. Complaints handling procedure subjects to warranty terms in force. The Buyer confirms by sending an order to the Seller that he/she has been fully informed of the conditions and the method of claiming the goods, which includes the information where a complaint can be lodged, in accordance with the provisions of § 18 (1) Act No. 250/2007 Coll. on Consumer Protection amending the Act No. 372/1990 Coll. on misdemeanors, as amended (hereinafter referred to as "Consumer Protection Act") and Act No. 102/2014 Coll.
7.4. The warranty terms and conditions shall apply to goods purchased by the Buyer from the Seller via the e-shop.
7.5. The Buyer has the right to set up a claim to warranty only for the goods with defects purchased from the Seller.
7.6. The Buyer is obliged to complain about defects of the goods to the Seller, without unreasonable delay; otherwise, this right of the Buyer expires. The day of claim submission is considered to be the day of delivery of the written claim to the seller, whereupon the buyer is obliged to hand over the claimed goods to the Seller. Postage shall be paid by the Buyer when sending the returned goods.
7.7. The Buyer is recommended to examine the goods upon receipt.
7.8. If the goods have defects, the Buyer has the right to make a complaint by describing in a written complaint the nature of the defect and the proposed method of handling the claim. If the goods do not have the agreed properties, and the defect can be repaired, the Buyer has the right to for the goods to be repaired free of charge, on time and accurately. The Seller is obliged to remove the defect without delay. Instead of removing the defect, the Buyer may also require replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part if this does not incur disproportionate costs concerning the price of the goods or the severity of the defect. Instead of removing the defect, the Seller may always replace defective goods with new goods, provided that this does not cause severe difficulties for the Buyer.
7.9. The Seller shall issue a receipt of the received claim in an appropriate form chosen by the Seller, e.g. as an e-mail message or in written form.
7.10. The Buyer has no right to warranty for the defects of which the Seller notified the Buyer at the time of conclusion of the contract or of which the Buyer had to be aware considering the circumstances under which the purchase contract was concluded (i.e. lower price).
7.11. The right of the Buyer to claim to Seller shall expire under the following conditions:
- in case of damage to goods caused by normal wear and tear,
- in case of incorrect handling or inappropriate use of goods,
- in case of using the goods in conditions in which the goods are typically used - different temperature, dustiness, humidity, chemical and mechanical influences in the environment,
- in case of interference with the products by an unauthorized person (improper repairs or alterations),
- for use in violation of instructions, technical standards, other documentation for the goods or the purpose for which the products are designed,
- mechanical damage, in particular, torn, cut, thermally damaged goods, goods damaged by careless disproportionate physical treatment, intentional scratching of layers of goods, etc.,
- after the warranty period has expired.
7.12. The Seller is obliged to resolve the complaint and terminate complaints procedure by handing over the repaired goods, replacement of goods, refunding the purchase price of the goods, sending a written notice with request for receipt of performance, providing a reasonable discount on the price of the goods or an explained rejection of the claim.
7.13. The resolution of the claim shall only apply to defects listed in the description of defects when the complaint is lodged.
7.14. With respect to a removable defect, the claim shall be settled in such a way that the Seller will provide for the removal of the defect. The Seller may replace a defective item with an indefectible item instead of removing the defect.
7.15. As for a defect that cannot be removed and which disable the goods from being correctly used, the Buyer has the right to exchange the item or to withdraw from the Contract (unless the Buyer is a resident of non-EU country) or is entitled to a reasonable discount on the price of the goods.
7.16. If goods sold at a lower price or used goods have a defect for which the Seller is responsible, the Buyer has the right for a reasonable discount instead of the right to have the goods replaced
7.17. The Seller reserves the right to replace defective goods for other similar goods with comparable parameters. In case of replacement, the warranty period runs from the date of the receipt of the new goods.
7.18. The Seller is obliged to resolve the claim and issue a written document about the settlement to the Buyer who is a consumer (even by e-mail) within 30 days of the date of the claim.
7.19. Under the Consumer Protection Act, the 30-day period shall not apply to resolve the claim if the Buyer is not a consumer. In such case, the period for settlement is not set by the law. However, the Seller undertakes to resolve the claim within 60 days.
7.20. The warranty period shall be extended for the period during which the Buyer is not able to use the goods due to the warranty repair of the goods.
8. Privacy, e-shop registration and copyright
8.1. E-shop visitor can register in the e-shop and become a registered user.
8.2. Registration in the e-shop is possible by filling in the registration data and expressing the voluntary consent to registration, giving the registered user the opportunity to manage their orders online, the possibility of making future purchases without having to re-enter contact information, the ability to track purchase history and take advantage of the seller's loyalty program, ie services provided by the Seller free of charge. A registered user bears only the price for the use of means of long-distance communication, which he will use when accessing the e-shop and during registration.
8.3. Possible complications during registration in e-shop or errors associated with a user account shall be reported the Seller. The Seller does not guarantee that the system, thus the user account will be available non-stop, mainly for reasons of necessary updates and necessary repairs of software and hardware equipment.
8.4. The user account of the registered user is protected by the login name, or e-mail address and password. The registered user is responsible for securing this login data against loss and misuse.
8.5. A registered user can cancel his / her user account in the e-shop at any time and without any restrictions.
8.6. The Seller may cancel the user account if the registered user has not used this account for more than 1 year or if the registered user violates his/her obligations arising from these Conditions.
8.7. If the registered user submits in the e-shop any comment or rating on the products of the Seller, eventually a photo or other copyrighted work, the registered user granted the seller free, exclusive, territorial and time-unlimited license to publish such work for further modification and commercial use by the seller. The registered user is obliged to refrain from submitting such actions in the e-shop that would violate generally binding legal regulations, in particular those which would, without consent, interfere with the personal or copyright rights of 3. persons which would offend the public with content or incite violence, which content is vulgar or otherwise manifestly inappropriate.
9. Final provisions
9.1. If the relationship established by the Purchase Contract contains in international (foreign) element, the Parties agree that the relationship shall be governed by Czech law. This shall not affect the rights of the consumer arising from the binding legislation.
9.2. If any of the provisions of the Business Terms and Conditions are invalid or ineffective, or if they become so, a provision shall be used instead of the invalid provision, the meaning of which is a close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and supplementations to the Purchase Contract or Business Terms and Conditions must be made in writing.
9.3. The Purchase Contract, including the Business Terms and Conditions, shall be archived by the Seller in electronic format and is not accessible.
9.4. A specimen form for withdrawal from the Purchase Contract constitutes an appendix to the Business Terms and Conditions.
9.5. Contact details for the Seller -
In Nasavrky 13.4.2020