The company Klara Alba Bartlvoa
with its registered office at Betlémská 262/10, Staré Město, 110 00 Prague 1, ID: 0900800, registered in the Commercial Register at the Municipal Court in Prague
1. Basic provisions
1.1. These Terms of Business (hereinafter referred to as “Business Terms”) govern, in accordance with the provisions of Section 1751 (1) of the Civil Code, the mutual rights and obligations arising under the Contract as defined below, concluded between Klara Alba Bartlova, with the registered office at Betlémská 262/10, Staré Město, 110 00 Praha 1, ID: 0900800 (hereinafter referred to as “Supplier”) and the Client as defined below, and also govern the rights and obligations of the Supplier and the Client in connection with the use of the User account, as defined below.
1.2. For the purposes of these business terms, the terms listed below, with a large initial letter, are as follows:
Acceptance has meaning as per paragraph 3.6.
Price The purchase price of the goods determined in accordance with § 2079 of the Civil Code
Supplier Seller pursuant to Section 2079 of the Civil Code, which is always Klara Alba Bartlova, with registered office at Betlémská 262/10, Staré Město, 110 00 Praha 1, ID: 0900800, registered in the Commercial Register at the Municipal Court in Prague
Cart Part of the Website where the Customer by the relevant features of the Website adds or withdraws goods for the purpose of making an Order
Civil Code Act No. 89/2012 Coll., The Civil Code, as amended
Purchaser Purchaser pursuant to Section 2079 of the Civil Code or Client under a Contract for Work under Section 2586 of the Civil Code; “Customer” means also the person for whom these Terms and Conditions use the term “Consumer”
Order has the meaning given in paragraph 3.3.
The access password has the meaning given in paragraph 2.4.
Registration has the meaning of paragraph 2.2.
Agreement A contract for the supply of goods between the Supplier and the Client
Consumers in accordance with Section 419 of the Civil Code, any person (a natural person) who, outside of his / her business or outside the scope of his / her independent profession, concludes the Contract with the Supplier
Parties Supplier and Customer
The Supplier’s Account is defined in paragraph 5.5. . C)
User a natural person who uses his / her User account
User account a part of the Website that is made available to a single User and is set up by Registration and is made available after entering the e-mail address entered under the Registration and Access Password
Website The Supplier’s Website located at www.leopardessa.com
2. User account
2.1. The Customer has the right to register the User Account on the Website for the purpose of simplifying the ordering of the Goods. In the event that the Website allows the Store, the Customer may also order the goods directly from the Store Website without performing the User Account Registration.
2.2. The user registers the User account by filling in at least the mandatory registration information on the Website, such as the e-mail address and the Access Password, and then stores them. At the same time, the User must agree to these Terms and Conditions (hereafter referred to as “Registration”).
2.3. The data specified by the User in the User Account is believed to be true and correct. Liability arising from the incorrect or untrustworthy submission of data is the responsibility of the User only.
2.4. Access to the User account is secured by a password (hereinafter “Access Password”). Both the User and the Supplier are required to maintain confidentiality regarding the Access Password.
2.5. The user is not entitled to allow the User account to be used by third parties.
2.6. The Contractor is entitled to cancel the User Account, especially if the User does not use his User Account for more than one year, or if the Customer violates his obligations under the Agreement, including these Terms and Conditions.
2.7. The User acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the Hardware and Software Equipment of the Supplier, necessary maintenance of hardware and software of third parties.
3. Conclusion of the Agreement
3.1. Ordering of goods is possible via e-shop on the Website.
3.2. All presentations of the goods placed on the Website are of an informative nature and the Supplier is not obliged to conclude the Contract regarding these goods. Section 1732 (2) of the Civil Code does not apply.
3.3. To Order Goods through the Website The Client selects the kind of goods, puts it in the Basket in the quantity required and completes the order form. The order form includes:
(a) details of the type of goods ordered and its quantity, (b) details of the chosen payment method Prices of goods, (c) details of the required delivery of the ordered goods, (d) information on the costs associated with the supply of goods, (e) information on the costs associated with the payment of the Goods, (f) information on the name and surname of the Customer, or, as the case may be, the Company’s business name and ID, the delivery address, the e-mail address; if the Customer is at the same time a User, this information is automatically pre-filled (hereinafter referred to as “Order”).
3.4. Prior to sending a Purchase Order, the Customer is allowed to review and modify the data entered by the Customer in the order, also with respect to the Customer’s ability to detect and correct errors resulting from entering the data into the Order.
3.5. An order sent by the Supplier by click on the “Finish Order” function (within the Website) is a proposal for the conclusion of the Contract, which is made by the Customer to the Supplier (hereinafter referred to as “Offer”).
3.6. The Supplier shall immediately notify Customer to the Customer by receiving an Order Notice by e-mail upon receipt of the Order. By sending this notice to the Customer, which confirms that the ordered goods are available (hereunder Acceptance), the Contract is concluded.
3.7. The supplier reserves the right to change the design and shape of the ordered goods during the delivery period, unless the subject of delivery or its function and appearance are fundamentally altered.
3.8. The contract is concluded in the Czech language.
3.9. The Agreement and all its components will be deposited in the Supplier’s electronic archive, and the Consumer shall have access to these data upon written request.
4. Reservation of Property Rights
4.1. The right to ownership of the goods is transferred to the Client on the basis of the Contract by payment of the entire Price. 4.2. The Client shall be obliged to deliver the goods, to which he has not yet transferred the ownership right, at any time upon request of the Supplier, even if the goods are located with a third party.
5. Payment Terms
5.1. The website contains information about the goods, including the indication of the prices of each item of goods. Goods prices are listed including VAT. Product prices remain valid for as long as they are displayed on the Website. The promotional prices are valid until the stock is sold out, when the number of pieces of the stock is stated or for a specified time. This provision does not limit the Supplier’s ability to conclude the Contract on individually negotiated terms. Any discounts on the Price of the Goods provided by the Supplier to the Client can not be combined unless the Contractor specifies otherwise on the Website.
5.2. Together with the Price, the Customer is obliged to pay the Supplier also the costs associated with the delivery of the Goods. Except as expressly provided herein, the price and costs associated with the delivery of the goods are understood to be the price.
5.3. The cost of the means of distance communication does not differ from the basic rate and the Supplier does not charge any additional fees except for the costs associated with the delivery of goods and the costs associated with the payment of the Goods (in particular, for cash) if stated on the Website under the Order .
5.4. The Supplier is entitled to claim payment of the entire Price prior to dispatching the goods to the Customer. Section 2119 (1) of the Civil Code does not apply.
5.5. The Supplier may pay the price to the Supplier in the following ways:
(a) in cash or by means of a payment card for on-site collection that the Customer chooses from the supply points offered within the Order;
(b) cash on delivery of goods; cash is taken over by the carrier from the ordering party, the client also pays a fee for the use of a cash payment specified in the order form or communicated by the supplier in the offer sent by e-mail;
(c) payment card online via a payment service provider (on-line payment gateway); The Customer will be redirected to an on-line payment gateway upon sending the Order;
(d) by cashless transfer to the account of the Supplier, which is stated in the order confirmation by e-mail (hereinafter referred to as “Account of the Supplier”); goods are dispatched after the payment has been credited to the Supplier’s Account.
5.6. The Supplier reserves the right not to allow the Client to choose any method of reimbursement The price mentioned in paragraph 5.5.
5.7. The selected method of payment shall be specified by the Customer in the Order. The selected method of payment may be changed by the Customer only with the Supplier’s agreement. The proposal for a change in the method of payment shall be made by the Client in writing to the Supplier’s address or to the e-mail address of the Supplier.
5.8. In the case of a cash on delivery service, the price is payable upon delivery of the goods.
5.9. In the case of non-cash payment, the Price is payable within 10 days of the conclusion of the Contract, unless otherwise specified in the advance invoice sent to the Client.
5.10. If the Price is not paid by the Customer at the time of payment, the Customer who is the Consumer is deemed to have withdrawn from the Contract unless it has the opposite effect.
5.11. In the case of non-cash payment, the Supplier is assigned a Variable Symbol on the Order Acceptance or in the advance deposit invoice, and the Client is required to pay the Prize together with the variable payment symbol.
5.12. In the case of a non-cash payment, the Buyer’s obligation to pay the Prize is fulfilled when the relevant amount is credited to the Supplier’s Account.
5.13. If it is customary in the course of trade or if the legal order so provides, the Supplier shall issue a tax invoice – invoice in respect of payments made under the Contract to the Client.
6. Delivery Terms
6.1. The supplier provides the following delivery methods:
(a) dispatch to a place designated by the Customer in the Order via the carrier, within the territory of the following countries: Czech Republic, Slovak Republic;
(b) delivery for a personal take-off at a take-off point, which is allowed to be selected by the Customer on the Website under the Order.
6.2. The costs associated with the delivery of the goods are listed on the Website. Costs associated with the delivery of goods are in effect for as long as they are displayed on the Website.
6.3. In the event that the mode of transport is agreed upon by a specific order of the Client, the Client bears the risk and any additional costs associated with this mode of transport.
6.4. If the delivery method is agreed upon, the Supplier will fulfill its obligation to hand over the goods to the first carrier for delivery to the Client. However, if the Customer is a Consumer, the Supplier will fulfill its obligation to hand over the goods to him at the moment the Purchaser acquires the goods in physical possession.
6.5. If the Contractor is required to deliver the goods to a place designated by the Order in the Order, the Customer is obliged to accept the goods upon delivery.
6.6. In the case of personal collection, the Customer is obliged to take over the goods within 10 working days of the date when the Supplier is notified that the goods are ready for takeover; The Supplier will notify the Customer of this at the email address specified by the Orderor in the Order. In the event that the Website contains diverging take-back conditions for delivery to a particular place of delivery, the take-back conditions stated on the Website or in the information provided by the Purchaser by the Point of Sale Operator shall apply.
6.7. The supplier, transporter or downpay operator is entitled to request the presentation of an identity card (ID card or passport) prior to handing over the goods. Without submitting any of these documents, the Supplier, carrier or downpayer may refuse to issue the goods.
6.8. In the case of a cash on delivery, the Contractor is obliged to deliver the goods and allow the Customer to dispose of the goods within 15 days of the conclusion of the Contract, unless they specify a different delivery period for individual goods. If the goods are stated as “stock”, the Supplier shall send the goods within 5 days from the date of conclusion of the Contract at the latest.
6.9. In the case of a non-cash payment, the Supplier is obliged to deliver the goods to the Client within 15 days from the fulfillment of the Customer’s obligation to pay the Prize if he does not specify another delivery period for the individual goods. If the goods are listed as “stock”, the Supplier shall send the goods within 5 days of the date of fulfillment of the Customer’s obligation to pay the Prize.
6.10. If the Contractor fails to fulfill his obligation to deliver the goods at the time specified in paragraph 6.7. or 6.8., the Customer will prompt the Supplier to deliver within an additional period corresponding to the circumstances. If the Supplier fails to submit the Goods within this additional period, the Consumer shall be entitled to withdraw from the Contract.
6.11. Documents on goods, especially tax documents, certificates and certificates, are sent by the Supplier to the Client together with the goods.
6.12. The Contractor shall not be liable, in the case of legally agreed time limits, for delays in the supply of goods on the basis of force majeure and events that make the Supplier considerably more difficult or impossible to deliver and which the Supplier did not induce. For instance, mobilization, war, insurrection, strike, lockout, official regulation, or other unforeseeable obstacles are considered to be cases of force majeure, even if they occur with suppliers of the Supplier and their subcontractors. Such circumstances entitle the Supplier to dispose of the supply for the duration of the barrier and for a reasonable period of time to ensure delivery after the obstacle has disappeared. If the delivery of the goods becomes impossible or impossible for the Supplier as a result of the above, the Supplier is entitled to withdraw from the Contract.
7. Danger Transition
7.1. If the goods are delivered at a selected point of delivery, the risk of damage to the goods occurs at the moment of receipt of the goods or at the moment when the Customer is obliged to take over the goods and the Supplier has allowed this acceptance, but the Customer has not taken over the goods.
7.2. If delivery is effected by way of delivery as a way of delivery of the goods, there is a risk to the Client when the Goods are delivered to the First Carrier by the Contractor for transportation to the Customer by the Contractor. However, if the Customer is a Consumer, the danger passes over to him as soon as the Consumer becomes physically in possession; this does not apply if the Consumer has commissioned the Carrier to the Carrier which the Supplier did not offer to him.
7.3. Loss or damage to goods resulting from the passing of danger to the Client does not exempt the Customer from the obligation to pay the Price unless the loss or damage was caused by the Supplier’s negligence or negligence.
8. Rights of Defective Performance and Right of Withdrawal by the Consumer
8.1. Rights to the Customer’s defective performance and the right of withdrawal by the Consumer are described and modified in a separate document – the Complaint Procedure, which is an integral part and appendix to these Terms and Conditions and is available on the Website.
9. Other Supplier’s Rights
9.1. The Supplier has the right to withdraw from the Contract if the goods are no longer produced, delivered or otherwise unavailable or the price of the supplier of the goods has changed significantly.
9.2. The Supplier has the right to withdraw from the Contract if the Customer is in arrears with the payment of the Prize of more than 15 days.
9.3. If a gift is provided together with the ordered delivery, the Gift Agreement between the Client and the Supplier is concluded with the provisioning condition that in the event of withdrawal from the Agreement by any Party, the Gift Agreement shall cease to be effective and the Client shall return the Gift.
10. Legal Responsibility
10.1. In the event of Seller’s delay in payment of the Price, the Contractor shall be entitled to demand the payment of a contractual penalty of 0.05% of the amount due for each day of commencement of the delay. This provision does not apply if the Customer is a Customer.
10.2. Entitlement or payment of a contractual fine shall not affect the right of the eligible Party to compensation in full.
12. Communication and delivery
12.1. Unless otherwise agreed between the Parties, any communications under the Agreement will be conducted in accordance with this Business Terms and Conditions. In addition to other means of communication agreed between the Parties, personal service, delivery by registered post, courier service or e-mail shall be deemed to be effective at the addresses of the Parties notified to the other Party in writing.
12.2. Letterheads duly addressed are considered delivered:
i. the physical delivery date of the notification if the notice is sent through the courier or postal service provider (except for registered mail) or delivered in person; or
ii. the date of delivery confirmed on the delivery note if the notification is sent by registered mail and is actually delivered; or
iii. the expiry of the 5-day period after the notification has been deposited with the appropriate post office, if the notification sent by the postal service provider fails to deliver or the denial of the notification is denied.
12.3. A message addressed via e-mail is deemed to have been received when the message is sent by e-mail, unless the recipient of the message states that the message was not available to him.
13. Final provisions
13.1. These Business Terms and Conditions are an integral part of the Agreement.
13.2. Legal relationships arising from the Agreement between the Supplier and the Client are governed by the law of the Czech Republic excluding private international law.
13.3. Contracts concluded in accordance with these Terms and Conditions may only be amended in writing.
13.4. The Supplier is not bound by any Code of Conduct within the meaning of Section 1826 (1) e) of the Civil Code.
13.5. The Client takes on the risk of changing the circumstances within the meaning of Section 1765 (2) of the Civil Code.
13.6. If there is a dispute between the parties, the Consumer shall be entitled to extrajudicial settlement. The proposal for extrajudicial settlement of the dispute pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended, is the Client entitled to file with the Czech Trade Inspection Authority (all details of the extrajudicial solution can be found on the website www.coi.cz or via the European Union’s online platform for out-of-court settlement of consumer disputes (for more information here).
13.7. The following are an integral part of these Terms and Conditions:
(a) Complaints Procedure,
(b) Model withdrawal form.
13.8. These Business Terms and Conditions become effective on May 30, 2018.
13.9. Contact Dealer Contact:
|(a) address for service||(b) the electronic mail address||c) telephone|
|Klara Alba Bartlova. Betlémská 262/10 110 00 Prague firstname.lastname@example.org||+420 777 629 188|