TERMS AND CONDITIONS
of the company HANAH MARIAH s.r.o.
with registered office at Vladislavova 1388/6, 110 00 Prague 1
identification number: 25505033
registered in the Commercial Register maintained by the Commercial Court in Prague, Section C, Insert 229888
for the sale of goods through an on-line shop located at the Internet address www.parexcellence.cz
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of the company HANAH MARIAH s.r.o., with registered office at Vladislavova 1388/6, 110 00 Prague 1, identification number: 25505033, registered in the Commercial Register maintained by the Commercial Register of the Commercial Register in Prague, Section C, Insert 229888 (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online store.
1.2. Definition of terms:
- Consumer - a natural person who, when concluding and performing a contract, is not acting in the course of his/her trade or other business activity or in the course of his/her independent exercise of his/her profession.
- Non-consumer buyer - a person who, when concluding and performing a contract, is acting in the course of his trade or business or in the course of his profession.
1.3. The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller's website. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his/her business (not a consumer) when ordering goods.
1.4. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
1.5. The provisions of the terms and conditions are an integral part of the purchase contract. The contract of sale and the terms and conditions are in English. The contract of sale may be concluded in English.
1.6. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. From his user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3. Access to the user account is secured by a username and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 1 year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2. The web interface of the shop contains information about the goods, including prices of individual goods. The prices of the goods offered are inclusive of value added tax. The designation of the goods and their characteristics are indicated for each item directly in the e-shop. The delivery costs of the goods are listed separately on the web interface of the shop and are borne by the buyer.
3.3. The offer for sale of the goods and the prices of these goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.4. To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
- the goods ordered (the goods ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the shop),
- the method of payment of the purchase price of the goods, information on the desired method of delivery of the ordered goods, and
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5. Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8. The Buyer acknowledges that the Seller is not obliged to enter into the Purchase Agreement, in particular with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions).
3.9. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.
4. PRICE OF PRODUCTS AND PAYMENT TERMS
4.1. The price of the goods, which is always inclusive of the applicable VAT, and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- in cash, at the Seller's premises at PAR EXCELLENCE, Vladislavova 6, Prague 1 (personal pickup)
- cash on delivery, in cash or by credit card to the chosen carrier or at the delivery points of the Zásilkovna
- cashless, via bank buttons on the payment gateway, which will redirect you to the electronic banking system of your chosen bank
- cashless, by credit card, where the buyer is redirected to the bank's secure payment gateway, where the buyer enters the necessary details for payment. If the payment is not verified within 3 hours, the order for payment will be cancelled and the goods from the shopping cart will be returned to stock. This method of payment of the purchase price is considered an advance payment of the purchase price. Our staff do not have access to your credit card details, everything is in the hands of the bank only.
- Cashless, deferred payment, where the buyer is redirected to the bank's secure payment gateway where the buyer enters the necessary details for payment. This method of payment of the purchase price is considered an advance payment of the purchase price. Our staff does not have access to your credit card details, everything is in the hands of the bank only
- cashless - deferred payment by TWISTO
The "Twisto" payment is provided by Twisto payments a.s., ID No.: 01615165, registered in the Commercial Register maintained by the Commercial Registry Office in Prague, Section B, Insert 19085, with its registered office at Újezd 450/40, Malá Strana, 118 00 Prague 1 (hereinafter referred to as "Twisto") on the basis of an assignment of the claim for payment of the total purchase price with extended maturity to Twisto, under the terms and conditions set out in the "General Terms and Conditions for TWISTO Customers".
By opting for the Twisto service, the Buyer declares that he/she is of legal capacity and over 18 years of age and is aware that the "Twisto" payment service is only intended for persons meeting the above requirements.
In the event that the Buyer uses the "Twisto" service facilitated by the Seller and provided by "TWISTO", the Buyer shall pay the payment (i.e. the total purchase price and shipping costs) within 14 days from the date of shipment of the goods or services.
The conclusion of the Purchase Contract shall take place upon completion of the order by the Buyer, acceptance of the order by the Seller (by written confirmation sent by e-mail) and payment of the ordered goods or services by the Buyer or by using the "Twisto" service. The Buyer acknowledges that in case of using the "Twisto" service, this order is binding and does not serve as a reservation of goods or services.
The Buyer agrees that by selecting the "Twisto" service in the Merchant's shopping cart, and upon subsequent approval of the request by Twisto, the Buyer accepts the "General Terms and Conditions for TWISTO Customers"
4.2. Holders of "Egocard" discount cards are entitled to a 15% discount on all products and services offered by the PAR EXCELLENCE store, excluding already discounted goods, last items or goods on sale. The discount applied will only be deducted from those products purchased that are not covered by the above exceptions. The discount can also be applied by using a "Discount Coupon" when purchasing on the e-shop.
4.3. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods (transport costs) in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.4. The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.5. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods.
4.6. In the case of non-cash payment by credit card, payment system or deferred payment to Twisto, the purchase price is due upon dispatch of the order.
4.7. The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to demand payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.8. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.9. The Seller shall issue a tax document to the Buyer in respect of payments made under the Purchase Agreement, which the Buyer shall receive electronically (to the e-mail address provided at the time of ordering) together with the order confirmation. The Seller is a payer of value added tax.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of a sound or visual recording or a computer program if the consumer has broken the original packaging.
5.2. Unless the case referred to in Article 5.1 or any other case in which the purchase contract cannot be withdrawn from, the purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4. In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by 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 has returned the goods to the buyer.
5.5. The Seller shall be entitled to unilaterally set off any claim for payment for damage to the Goods against the Buyer's claim for reimbursement of the purchase price.
5.6. The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the Goods. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, in the same manner in which the Seller received the payment, unless otherwise agreed with the Buyer.
5.7. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the goods.
5.8. In the case of a buyer who is not a consumer, it is not possible to withdraw from the purchase contract.
6. SHIPPING AND DELIVERY OF GOODS
6.1. In the event that the method of shipping is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of shipping.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special shipping conditions, if issued by the Seller
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
- the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight and
- the goods comply with the requirements of the legislation.
7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to assert a right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. The Buyer shall assert the rights arising from defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. Out-of-court handling of consumer complaints is handled by the Seller via the Seller's electronic address. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
8.3.1. In the event that a consumer dispute arises between the Seller and the Buyer under the Purchase Contract, which cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is:
Czechia - Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, Email: firstname.lastname@example.org, Website: www.coi.cz
Slovakia - Slovak Trade Inspection Authority, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava, Email: email@example.com, Website: www.soi.sk
The buyer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/
8.4. The Buyer acknowledges that the software and other components forming the web interface of the Shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.
8.5. The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop when using the web interface of the shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and that is consistent with its purpose.
8.6. The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the website or from the use of the website contrary to its intended use.
8.7. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised 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.
8.8. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9.1. Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
9.3. The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5. The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
9.6. Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
9.8. In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is carrying out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
- ask the seller or processor for an explanation,
- require the seller or processor to remedy the situation.
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2. The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
10.3. We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Verified by Customers programme, in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor Heureka.cz, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.
11. FINAL PROVISIONS
11.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
11.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4. A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.
11.5. Contact details of the Seller: delivery address PAR EXCELLENCE, Vladislavova 1388/6, 110 00 Prague 1, e-mail address firstname.lastname@example.org (Czechia) or email@example.com (Slovakia)
11.6. These Terms and Conditions, including their components, are valid and effective from 15 May 2021 and supersede the previous version of the Terms and Conditions, including their components, and are available at the Seller's registered office and premises or electronically on the relevant websites.
Prague, 15 May 2021
CEO of the company