Miroslavo s.r.o. with registered office at Masarykovo náměstí 156, 25601, Benešov, Czech Republic, identification number: 03068536, filed at the Municipal Court in Prague, Section C, File 227170 for goods through the online store located at www.miroslavo.com/shop
These business terms and conditions are governed by the laws of the Czech Republic and European Union.
1.1. These Business Terms and Conditions (” Business Terms & Conditions “) of Miroslavo s.r.o., with its registered office in Masarykovo náměstí 156, 25601, Benešov, Czech Republic, identification number: CZ 03068536, registered in the Commercial Register maintained by Prague C, insert 227170 (hereinafter referred to as ” Seller “), in accordance with Section 1751 (1) of Act No. 89/2012 Coll., (known in Czech law as “The Civil Code”) the reciprocal rights and obligations of the parties arising out of or in connection with the Purchase Agreement (hereafter the Purchase Agreement ) concluded between the Seller and another individual (the “Buyer”) through the seller’s internet store. The e-shop is operated by the seller on a website located at www.miroslavo.com (“Website”) through the website interface (“Web Interface”).
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who acts when ordering goods in the course of their business or in the independent pursuit of their profession.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the English language. The purchase contract can be concluded in the English language.
1.5. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.6. Based on buyer registration made on a website, buyers can access their user interface. From the user interface, the buyer can order goods (“user account”). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
1.7. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
1.8. Access to the user account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
1.9. The buyer is not authorized to allow the use of the user account to third parties.
1.10. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months or if the buyer violates his obligations under the purchase contract (including business terms).
1.11. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software of third parties.
1.12. All presentations of the goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
1.13. The store’s web interface contains information about the merchandise, including the prices of individual goods. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract for individually negotiated terms.
1.14. The store’s web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
1.15. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
1.15.1. ordered goods (the ordered goods “put” the buyer into the electronic shopping cart of the web interface of the store),
1.15.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
1.15.3. information about the purchase
1.15.3. information about the costs associated with the delivery of goods (collectively referred to as “order”).
1.16. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer’s ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the “I confirm the order” button. The data listed in the order they are deemed correct by the seller. Seller will confirm this receipt to the buyer by e-mail to the buyer’s email address listed in the user interface or in the order (“buyer’s e-mail”) immediately upon receipt of the order.
1.17. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
1.18. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer’s e-mail address.
1.19. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
1.20. The buyer may pay the buyer the following goods in the following manner: a) the price of the goods and any costs associated with the delivery of the goods under the purchase contract;
1.21. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
1.22. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
1.23. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 7 days of the purchase contract being concluded.
1.24. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
1.25. Seller is entitled, in particular, in the event that the buyer does not receive an additional confirmation of the order (Article 3), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
1.26. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
1.27. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value-added taxpayer. Tax document – The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
1.28. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer’s or his person’s wish, from the purchase contract for the delivery of goods subject to rapid perishable goods which after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the delivery of a sound or pictorial recording or a computer program, original packaging.
1.29. If the case referred to in Article 5 is not the case, or in another case where the purchase contract cannot be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, within 14 days from the receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an attachment to the business condition
1.29. If the case referred to in Article 5 is not the case, or in another case where the purchase contract cannot be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, within 14 days from the receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the sales contract may be made by the buyer, inter alia, to the address of the seller’s office or to the seller’s e-mail address .
1.30. In the event of withdrawal from the purchase contract under Article 5 of the Business Terms, the Purchase Agreement is abolished from the outset. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal route.
1.31. In the event of withdrawal under Article 5 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring 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 or proves that the goods have been dispatched to the entrepreneur.
1.32. The Seller is entitled to indemnify unilaterally the Buyer’s claim for a refund of the purchase price.
1.33. Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by credit card to the buyer’s account.
1.34. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
1.35. If the mode of transport is agreed upon by a buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transport.
1.36. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
1.37. If for reasons of buyer’s need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
1.38. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating an unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
1.39. Other parties’ rights and obligations in the carriage of goods may alter the seller’s special delivery terms when the seller is issued.
1.40. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
1.41. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
1.41.1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
1.41.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
1.41.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
1.41.4. the goods are in the appropriate quantity, degree or weight and
1.41.5. goods comply with legal requirements.
1.42. The provisions of Article 7 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 for wear and tear of the goods caused by their normal use or, in the case of used goods, to a defect corresponding to the degree of wear or tear used by the goods buyer, or if it results from the nature of the goods.
1.43. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.
1.44. Rights to defective performance are claimed by the buyer at the seller at his / her establishment, where acceptance of the claim is possible with regard to the range of goods sold, eventually even at the registered office or place of business. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.
1.45. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s claim rules.
1.46. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
1.47. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
1.48. Out-of-court complaint handling of consumers is provided by the seller via the electronic address . Buyer information will be sent to the buyer’s electronic address.
1.49. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
1.50. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
1.52. The buyer may be delivered to the email address listed in his user account or specified buyer in the order.
1.53. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.
1.54. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
1.55. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
1.56. A sample withdrawal form is available to each user in your account
1.57. Contact details of the seller: delivery address Masarykovo nám. 156, 256 01, Benešov.