TERMS AND CONDITIONS OF INTERNET TRADE MYSTYLECO.CZ
- GENERAL CONDITIONS
- ELECTRONIC SERVICES IN INTERNET SHOP AND APPLICATIONS
CONDITIONS FOR CONCLUDING THE PURCHASE AGREEMENT
- PAYMENT METHODS AND CONDITIONS
- COSTS, METHODS AND DEADLINE OF DELIVERY
- PRODUCT COMPLAINT
EXTRAORDINARY DISPUTE RESOLUTION METHODS AND TERMS AND CONDITIONS OF ACCESS TO THESE PROCEEDINGS
RIGHT TO WITHDRAW FROM THE CONTRACT
- LICENSE
- PROTECTION OF PERSONAL DATA
- TERMINATION OF THE AGREEMENT ON PROVISION OF SERVICES AND CHANGE OF TERMS AND CONDITIONS
PROVISIONS CONCERNING NON-CONSUMER CUSTOMERS
FINAL PROVISIONS
Model withdrawal form from a distance contract
Internet shop www. mystyleco.cz respects the rights of consumers. The consumer cannot waive the rights that belong to him/her by law. Provisions of contracts that are less favorable to consumers than the legal provisions protecting consumers' rights are invalid and are replaced by these legal provisions. Therefore, no provisions of these terms and conditions exclude or limit the rights of consumers under the binding provisions of the law and any doubts will be interpreted in favor of the consumer. In the event of an unintentional conflict between the provisions of these terms and conditions and the above legal provisions, the legal provisions shall prevail and the seller undertakes to comply with them in this way.
GENERAL CONDITIONS
- Online store available at www. mystyleco.cz is operated by My Style s.r.o., with its registered office at Roztylská 2321/19, 148 00 Prague 4 - Chodov, Czech Republic, entered in the register of entrepreneurs kept at the Municipal Court in Prague, C 108993 / MSPH. ID: 27370283, VAT: CZ27370283. E-mail address: contact@mystyleco.cz., Contact telephone number: (+420) 272 075 500.
- The use of an online store requires that the terminal equipment and communication system used by the customer meet the technical requirements.
- The Terms and Conditions are intended for both consumer and non-consumer customers who use an online store, electronic services or enter into a purchase agreement (with the exception of Part XII of the Terms and Conditions, which is intended only for customers who are not consumers).
- Acceptance of these terms and conditions is voluntary, but is necessary to create an account and / or order or reservation by the customer.
- The information provided on the website of the online store or, in the case of an order using other means of distance communication, in an electronic message confirming the content of the proposed purchase contract referred to in Part III, paragraph 6 of the Terms and Conditions, is an invitation to enter into the contract selling to the customer, and not an offer in accordance with § 1731 of the Civil Code. The provision of § 1732 para. 2 of the Civil Code is expressly excluded and shall not apply.
- Whenever the following terms are used in the following sections of these Terms and Conditions, they shall be construed as follows, unless the context of their application necessarily indicates otherwise:
- APPLICATIONS - software (mobile applications) made available to the customer by the seller, which is intended for installation on the customer's mobile device and allows, in particular, the use of an online store without the customer having to launch a web browser. The provisions concerning the application will be applied from the moment the application is made available by the seller of the application in the online stores with mobile applications referred to in Article II. paragraph 11 of these conditions and also subject to their further availability.
- ZSP - Customer Service of the Seller, which provides customers with information within the activities of the online store, including information regarding products, trade, business conditions and current offers, on working days during the hours listed under the link "Contact" on the phone numbers and e-mail addresses, via a chat in the online store and a contact form on the website of the online store under the link "Contact". The customer bears the communication costs of the connection to the ZSP according to the standard price of the connection of his operator.
- PRICE - an amount in Czech crowns or in another currency, including VAT, belonging to the seller for the transfer of ownership of the goods to the customer in accordance with the purchase contract. The price does not include shipping costs, unless otherwise stated in the current offer.
- WORKING DAY - one day from Monday to Friday, except public holidays.
- PASSWORD - a string of alphanumeric characters intended for access to the customer's account, which the customer determines when creating the account. Account registration requires re-entering the password to detect and correct any errors. The customer is obliged to keep the password secret (especially not to publish or disclose to any third party). The seller provides the customer with multiple options to change the password.
- CUSTOMER - (1) natural person; or an authorized representative; or (2) a legal person; or (3) an organizational unit without legal personality that is provided with legal capacity by law. In the event that the customer is a natural person with limited autonomy, he undertakes to obtain the legally effective consent of his lawyer to enter into a purchase contract or service contract and prove such consent at the request of the seller, while purchase contracts concluded in small ordinary everyday matters.
- Trademark - Act No. 89/2012 Coll., Civil Code, as amended.
- CONSUMER - a natural person who engages in legal acts with the entrepreneur that are not directly related to his business or professional activities.
- ACCOUNT - an electronic service, marked with an individual name (login) and a password chosen by the customer, containing resources provided by the seller, which allow the customer to use special functions or services. The customer accesses the account via login and password after registering in the online store. The account allows you to store information about the customer's contact information for sending products, it also allows you to monitor the status of orders and their history, reservations and other services provided by the seller.
- BASKET - service available to every customer who uses the online store to create orders for one or more products, create reservations, insert discount codes that reduce the price in accordance with the conditions specified in separate agreements or business conditions, display an overview of prices of individual items and everything goods (including possible transport costs), display of the expected date of delivery of goods. The basket collects offers created by the customer for the conclusion of a purchase contract, ie. within one order, the customer can send more than one offer to conclude a contract.
- LOGIN - e-mail address of the customer provided when creating the account.
- NEWSLETTER - an electronic service that allows all its users to receive regular information from the seller, especially about the goods, online store, including new goods and promotions, to the customer's specified e-mail address or telephone number, with the express consent of the customer. The rules for providing the Seller's Newsletter services regulate special conditions available within the online store.
- GOODS - a movable item available in the online store for the purpose of concluding a purchase contract between the buyer and the seller, which will become the subject of the contract, at the specified price, or the subject of the reservation. All goods offered on the home page of the online store are brand new.
- SPECIAL OFFER - special conditions of sale or provision of services regulated by the rules stated in the online store offered by the seller for a limited period of time, during which the customer can use these special conditions. These are, for example, discounts on the price of goods or transport costs.
- TERMS AND CONDITIONS / CONTRACT FOR PROVISION OF SERVICES - This document sets out the rules for concluding purchase contracts and rules for the provision and use of services provided by the seller through the online store for its customers, incl. reservation services. The business conditions set out the rights and obligations of the customer and the seller.
- RESERVATION - a service provided to customers selling sellers consisting in enabling the reservation of selected goods for the purpose of viewing / testing them in a selected store and their eventual purchase. Making a reservation is not an obligation to conclude a purchase contract for the reserved goods in the store. The reservation is active (ie the goods are ready for collection at the store) from the moment of confirmation of delivery of the goods to the store by the seller until the end of the store's working hours on the next working day. The provisions concerning the reservation will be applied from the moment of making available by the reservation seller within the operation of the online store and also depending on their further availability.
- STORE - a stone shop operated by the seller. The list of available stores is displayed when placing an order / reservation.
- INTERNET SHOP - a platform enabling the creation of orders and reservations by the customer, as well as the provision of services by the seller, operated by the seller on the website available at: www.mystyleco.cz, as well as through the application.
- Seller - My Style s.r.o., with its registered office at Vršovická 1525, 101 00 Prague 10 - Vršovice Czech Republic, entered in the register of entrepreneurs kept at the Municipal Court in Prague, C 108993 / MSPH. ID: 27370283, VAT: CZ27370283. E-mail address: contact@mystyleco.cz., Contact telephone number: (+420) 272 075 500.
- CONTENTS - text, graphic or multimedia items (eg product information, pictures of goods, promotional videos, descriptions, comments), incl. works under copyright law, as well as portraits of natural persons, which are and published in the online store by the seller, cooperating entities of the seller, customers or any other persons using the online store.
- PURCHASE AGREEMENT - a purchase contract within the meaning of the Civil Code concerning the sale of goods selling to a customer at a price possibly increased by additional payments, including the price of transport, the conditions of which are set out in detail in these terms and conditions. The purchase contract is concluded between the customer and the seller by means of distance communication after the acceptance of the order by the seller in accordance with the principles set out in these terms and conditions. The purchase contract specifies in particular the goods, their main features, price, transport costs and other relevant conditions. Each product is the subject of a separate purchase agreement. This also applies to a situation where the seller, in the operation of the online store for objective (factually justified) reasons, conditions the conclusion or wording of the purchase contract for the product by negotiating another purchase contract, taking into account the direct link between products. The seller may enter into purchase agreements with a customer who is not a consumer, on the basis of an agreement also by a procedure not stipulated in these terms and conditions, which will be mutually confirmed by e-mail at the request of either party. Making a reservation is not a conclusion of a purchase contract or an obligation to conclude it.
- ELECTRONIC SERVICE - electronic services are provided by the seller to the customer via an online store in accordance with the contract for the provision of services. As the services are provided by entities cooperating with the seller, the relevant provisions concerning the rules for the use of these services can be found in the rules concerning the provision of services by these entities.
- ZOS - Act No. 634/1992 Coll., On consumer protection, as amended.
- TECHNICAL REQUIREMENTS - minimum technical requirements that must be met in order to use the seller's electronic system, incl. concluding a purchase or service contract, namely: (1) a computer, laptop or other multimedia device (in the case of an application: mobile device) with Internet access; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) cookies and Javascript enabled in the web browser; in the case of concluding a purchase contract by telephone: (6) using a telephone; for applications: (7) mobile operating system: Android 5.0. or higher or iOS 11 or higher, and in the case of some functionalities also (8) mobile devices with a camera and geolocation service (GPS). To enter into a sales contract, the customer must have a valid e-mail address, as well as a keyboard or other device that allows you to fill out an electronic form.
- ORDERS - expression of the customer's will to conclude a distance purchase contract using means of distance communication, which defines the goods in respect of which the customer wants to conclude a purchase contract and contains the customer's data necessary for the possible conclusion and performance of the purchase contract. The order of each product will be considered a separate offer of the customer to conclude a purchase contract (technical simplification). This also applies to a situation where the seller within the operation of the online store for objective (factually justified) reasons conditions the conclusion or wording of the purchase contract contracts, taking into account the direct link between the products. One number can be assigned to the order and all offers for concluding the contract contained in it will be processed at once. By accepting the individual offers contained in the order, individual purchase contracts are concluded. By accepting the entire order, purchase contracts are concluded according to all offers contained in the order (see above).
ELECTRONIC SERVICES ON THE INTERNET SHOP AND APPLICATIONS
The seller provides customers with the following electronic services free of charge via the online store:
- account
- interface for creating orders, reservations by customers (but not before this booking option will be enabled by the seller) concluding purchase contracts according to the conditions set out in these terms and conditions
- presentation of advertising content to clients tailored to their interests
- enabling customers to use the shopping cart service
- browsing content located in an online store
- Newsletter
- in the case of customers using the application (the following provisions may apply to current or future electronic services - the use of certain electronic services depends on currently available application features), and its availability on the mobile application e-commerce site referred to in Article II. :
- scanning and storing barcodes of selected goods by mobile phone for price comparison by the customer
- presentation of goods in the online store based on customer-uploaded photos of selected goods
- locating the seller's stone shop or collection point using location
- restriction of the offer of products or events, for example, according to the size specified by the customer (eg shoe size) or to categories (eg men / women / children)
- displaying current notifications directly on the screen of the mobile device (push notification)
- creating lists of favorite goods
- In addition, for customers who have created an account, the seller provides the following services free of charge via the online store:
- maintaining a client session after logging in to your account (using a browser or application)
- storing and making available the history of orders and reservations to the customer through the account
- Use of the account is possible after the following steps have been performed by the customer:
- filling in the registration form and accepting the provisions of these terms and conditions,
- Click on the "Register" button.
- The contract for the provision of services is concluded upon receipt of confirmation of the conclusion of the contract for the provision of services sent by the seller to the e-mail address provided by the customer during registration. The account is provided free of charge for an indefinite period. The customer may at any time and for any reason request the seller to delete his account, in particular via e-mail: contact@mystyleco.cz or in writing at the address: Vršovická 1525, 101 00 Prague 10 - Vršovice, Czech Republic. You do not need to create an account to create an order in the online store.
- The use of the basket begins the moment the customer adds the first item to the basket.
- The basket is provided free of charge, has a one-time nature and ends with the creation of an order or reservation from its contents, or premature termination of use by the customer, while the basket stores information about goods selected by the customer than 7 days; however, this does not guarantee the availability of goods selected by the customer in order to enable the execution of an order or reservation at a later date. When the cart is used by a customer logged in to the account via a browser, the contents of the cart are synchronized with the account then launched via the application (and vice versa).
- In particular, the customer is obliged to:
- provide only true, current and all necessary data in the order and login forms when creating an account
- immediately update the data, including personal data provided by the customer to the seller in connection with the conclusion of a contract for the provision of services or a purchase contract, in particular if it is necessary for the proper performance of this contract; the customer has the option to change the data entered when creating the account using the options available after logging in to the account
- use the services and functions provided by the seller only in a way that does not interfere with the proper operation of the seller, online store or application
- use the services and functions provided by the seller only in accordance with the provisions of legal regulations, provisions of business conditions as well as measures adopted in the field of moral principles and rules of social coexistence
- use the services and functions provided by the seller only in a manner that does not harm other customers and the seller;
- pay the price and other costs agreed between the customer and the seller on time and in full
- take over the goods on time according to the ordered method of delivery and payment, and the reserved goods
- not to provide or publish in the course of trade content prohibited by law, in particular content that infringes the copyrights of third parties or their personal rights
- refrain from activities such as:
- sending unsolicited commercial messages or placing them in the online store, as well as placing any content that violates the law in the online store (prohibition of placing illegal content)
- perform IT or any other activities aimed at obtaining information that is not intended for the customer, including data about other customers or make other interventions in the rules or technical aspects of the operation of the online store, applications and payment processing
- unauthorized changes to the content provided by the seller, in particular that listed in the online store or in the description of the goods
- download the application only from legal sources.
- Complaints regarding the provision of electronic services or applications may be filed, for example:
- In writing to the address: Vršovická 1525, 101 00 Prague 10 - Vršovice, Czech Republic.
- in electronic form by e-mail to: contact@mystyleco.cz
- The Customer is advised to include in the complaint description: (1) information and circumstances relating to the subject matter of the complaint, in particular the nature and date of the irregularity; (2) the customer's request and (3) the complainant's contact details, which will facilitate and expedite the handling of the complaint by the seller. The requirements set out in the previous sentence take the form of a recommendation and do not affect the effectiveness of the complaint without a recommended description of the complaint.
- The seller shall resolve the complaint without delay, no later than within 30 days from the date of its submission in accordance with § 19 par. 3 ZOS, unless a different period expires from legal regulations or special conditions.
- The seller may allow the customer to download the application on the customer's mobile device from online stores with mobile applications free of charge, in particular:
- Apple App Store for iOS mobile devices;
- Google Play / Play Store for Android mobile devices.
- By using applications downloaded from sources other than those listed in paragraph 11, Customer runs the risk of compromising the integrity of the application and the connection to malware, thereby compromising the security of its mobile device and the data stored on it.
- For the purposes of using the application, the customer must:
- familiarize themselves with these rules and the application information available in the shops referred to in paragraph 11 and accept them.
- download the application from the store referred to in paragraph 11 and install the application on your mobile device according to the instructions displayed during installation or provided in the stores referred to in paragraph 11.
- The application connects to the online store via the Internet.
- The function of the application serves the seller to provide electronic services in a simple way, which makes it easier for customers to use the online store, including acquaintance with the content, goods and prices.
- In order to use the functions of the applications listed in Part II. paragraph 1 (a) g. the customer must give appropriate voluntary consent to the application's access to certain services of the customer's mobile device, voluntary consent to receive "Push" notifications or to provide information about his preferences.
- The Customer may at any time revoke the consent referred to in paragraph 17 or uninstall (remove) the Application from the mobile device using the settings of this device.
CONDITIONS FOR CONCLUDING THE PURCHASE AGREEMENT
- The main characteristics of use according to the subject of provision and the method of communication with the customer are determined for each product separately or in another way suitable for the product in the online store.
- The seller can create an order for goods as follows:
- via an online store;
- by contacting ZSP:
- by telephone;
- by e-mail;
- using a chat program on an online store's website.
- As part of the development of products or services available in the online store and due to their specificity, the seller may impose restrictions on the methods of placing orders for specific products. If more than one order is entered at the same time, of which the above restriction applies to at least one, this may affect the possibility of creating orders for the remaining ones.
- As part of the development of services, the seller may introduce other ways to place orders by means of distance communication in accordance with the terms of these terms and conditions.
- The conclusion of the purchase contract between the customer and the seller will take place after the creation of the order by the customer.
- The seller allows the customer to create an order through the online store, in the following order:
- The customer adds the selected goods to the cart and continues to the order form. The seller may provide other services for the product added to the cart within the online store, eg personalization, addition of other related products that are not available for independent sale in the online store;
- The customer logged in to his account confirms in the order form the timeliness of the data needed to conclude and fulfill the purchase contract. The unregistered customer must fill in the order form with the data necessary for concluding and fulfilling the contract. The provision of outdated or incorrect data by the customer may prevent the fulfillment of the Contract. In the order form, the customer must provide his following information: name, address (street, descriptive number / orientation number / apartment number, postal code, municipality, country), e-mail address, contact telephone number and information concerning the purchase contract: goods , quantity of goods, if available, type, color and size of goods, place and method of delivery of goods, method of payment. In the case of non-consumer customers, the name of the company is also required and, if the form requires the issuance of a tax document, also the tax identification number. As part of the development of products or services available in the online store, the seller may impose an obligation to provide in the content of the order form or other appropriate place other relevant information about the product or customer and in case of personal data also necessary, especially due to the nature of the product or service. product;
- The customer chooses one of the offered delivery methods.
- The customer chooses the method of payment of the purchase price and all other costs specified in the order.
- The customer completes the order (thus submitting the offer to the seller) using the functions of the online store designed for this purpose (button: "I order and pay"). An unregistered customer (a customer who has not yet accepted these terms and conditions) will accept these terms and conditions.
- When creating an order until its completion, the customer has the option to modify the contents of the basket by adding or removing goods. Deleting a given item can also automatically remove another item from the basket due to the direct relationship between the products;
- Depending on the payment method chosen, the customer may be redirected to the payment service provider's website for the purpose of payment;
- In the event that the seller on his own initiative offers the customer the conclusion of a purchase contract by other means of distance communication, incl. by phone:
- The seller will send the customer an e-mail confirmation with the content of the proposed purchase agreement.
- The customer sends the order to the seller by e-mail to the e-mail address from which he received the confirmation according to the previous letter
- In the case of a customer who does not have an account and has not yet accepted these terms and conditions, the customer is obliged to accept these terms and conditions.
- in cases other than those mentioned in paragraph 6, conclusion of a purchase contract using other means of distance communication, incl. telephone, at the initiative of the customer, the provisions of the following paragraphs shall apply mutatis mutandis, taking into account the circumstances and the means of communication used.
- In response to the customer's order, the seller immediately sends the customer an automatic message to the e-mail entered by the customer for this purpose confirming the receipt of the order and the start of its verification.
- After verifying the order, without undue delay, the seller will send the customer the following information to the e-mail address provided by the customer:
- confirmation of acceptance of one or more individual offers for the conclusion of a purchase contract relating to individual items of goods contained in the order, and thus conclusion of the purchase contract (acceptance of an offer relating to the goods specified in the report); or
- information on the non-acceptance of all offers for the conclusion of the purchase contract contained in the order for the reasons stated in Part IV. paragraph 5 (no payment); or for the reasons set out in the provisions of Part XI. paragraph 5 (non-acceptance of the consignment).
- The purchase contract is concluded by accepting the offer (s), ie by receiving the message referred to in paragraph 9 (a). a. to the extent of the goods specified in this document. In the case of products that are not prefabricated, the purchase contract is concluded by confirming the offer (s), ie the customer receives the message referred to in paragraph 9 (a). and above to the extent of the products listed herein, unless the seller immediately informs the customer of the impossibility of performing the service within the ordered non-prefabricated product. In that case, the purchase contract relating to the offer for a non-prefabricated product is considered invalid. The seller sends the customer a confirmation of the terms of the contract to the e-mail address provided by the customer.
- In case of impossibility to accept all or only some of the offers contained in the order, ZSP will contact the customer to:
- inform the customer of the impossibility of accepting all the submitted offers for the conclusion of the contract contained in the order; or
- the customer has confirmed the intention to propose the conclusion of purchase contracts in the part of the order in which the seller agrees to accept the offer to conclude the purchase contract. The customer can then cancel the entire order (as far as all offers are concerned), without prejudice to his right to withdraw from the contract. If the customer cancels the order, the seller is not obliged to process it, or perform the contract concluded on its basis. After the cancellation of the order, the procedure is in accordance with paragraph 12.
- In case of impossibility to accept all or only some of the offers contained in the order, purchase contracts in the scope of goods specified in the ZSP report are not concluded, the seller will immediately, no later than 14 days return the payments made by the customer to this order to the extent of no purchase contracts. The provisions of Part VIII, paragraph 6 of the Terms and Conditions shall apply mutatis mutandis.
- The seller can inform the customer without obligation about the status of the order, especially by sending a message to the customer's e-mail address, via SMS or by phone.
- The seller tries to ensure the availability of goods and fulfillment of the purchase contract. In case of impossibility to perform services and in other situations stipulated by law, the relevant provisions of the Civil Code, including §§ 2006 - 2008 of the Civil Code, may apply, especially as regards the obligation to return the performance to the consumer immediately.
- The total value of the order includes the price, shipping costs and possibly other costs for optionally paid services selected by the customer. The seller may set a minimum order limit, from which the customer does not pay the cost of delivery. The total price of goods, including VAT, which are the subject of the order, as well as delivery costs (including fees for transport, delivery and postal services), and other costs, and if the amount of these fees cannot be determined - the obligation to pay them, the client is informed creating an order, including the moment when the customer expresses his will to be bound by the purchase contract.
- Events in the online store cannot be combined, unless explicitly stated otherwise in the event rules.
- In the case of a reservation service, the provisions of this Part shall apply mutatis mutandis subject to the reservations set out in the following paragraphs.
- The reservation service allows customers to make a reservation for goods in a selected store. In order to use the reservation, the customer puts the selected goods in the cart, and then goes to the order form.
- The list of stores in which it is possible to pick up reserved goods is always available after the customer indicates in the order form the choice of delivery option intended exclusively for the needs of the reservation: collection of goods in the store.
- The possibility of using the reservation may depend on the region / address filled in by the customer in the order form or the availability of the order service. Creating several orders or several reservations at the same time, at least one of which meets the above restrictions, may affect the availability of the reservation service for the remaining products.
- The seller will also allow the customer to make a reservation using the technical infrastructure of the online store available in the store. In this case, the customer does not have the option to create an account or log in to the account and is obliged to manually fill out the form to the extent of his information necessary to make a reservation, in particular to enter a phone number and optionally an email address.
PAYMENT METHODS AND CONDITIONS
- The Seller shall allow the Customer in principle, subject to Part XI. paragraph 5, the various methods of payment under the purchase agreement, in particular:
- Current payment options are available on the website of the online store under the link "Payment" and on the page of each product, including the moment of the customer's interest in creating a purchase contract. Available payment methods may depend on the selected delivery method or product. Available payment methods can be changed in case of creating several orders at the same time with respect to the products contained in them.
- Personal collection of goods in the store is possible especially when booking the product. In case of creating several orders or reservations at once - applies to information of all products selected by the customer.
- Billing of electronic payments and payment cards is performed according to the customer's choice through authorized services.
- In case of non-receipt of payment by the seller in case the customer has chosen payment in advance, ie payment by bank transfer, electronic payment or payment by credit card, ZSP may contact the customer with a request for payment, including sending an e-mail. Failure to pay within 3 days of completing the order, or within the replacement period of another 2 days will result in non-acceptance of the offer contained in the customer's order. The customer can also cancel the order until the moment of sending the order, through ZSP, this does not affect his right to withdraw from the contract - however, this does not apply to non-prefabricated products manufactured at the customer's request or according to his individual needs.
- If the customer chooses cash on delivery, the customer is obliged to make a payment upon receipt of the shipment. By refusing to accept the shipment even in the additional period for collection, the purchase contract is terminated. The customer can cancel the order within the specified period, without any consequences, without prejudice to his right to withdraw from the contract - but this does not apply to products not prefabricated made at the customer's request or according to his individual needs.
COSTS, METHODS AND DEADLINE OF DELIVERY
- Delivery is possible on the territory of the Czech Republic and selected countries, which are listed under the link "Date and method of delivery" of the online store and the page of the goods.
- Delivery of goods to the customer is for a fee, unless the purchase contract provides otherwise. Currently available methods of transport and prices of delivery of goods are listed under the link "Date and method of delivery" of the online store and on the page of each goods, even at the time when the customer expresses his will to be bound by the purchase contract.
- Available delivery methods may depend on the payment method selected by the customer or the product. The available delivery methods can be changed in case of creating several orders at the same time with regard to the products contained in them.
- The total time of delivery of goods to the customer consists of the time of preparation of the order for transport by the seller and the delivery of goods by the carrier.
- The delivery date of the goods to the customer is max. 14 working days, unless a shorter date is specified in the description of the goods or in the order.
- The time of preparation of the transport order by the seller is always stated on the page of the individual goods and is calculated from (beginning of the delivery period):
- Delivery of payment to the seller's bank account - in the event that the customer chooses the method of payment by bank transfer, electronic payment or payment card;
- By concluding a purchase contract - if the customer chooses the method of payment when picking up.
- To the above time is added the time of delivery of goods by the carrier, which depends on the customer's chosen method of delivery, which is always listed on the goods page and under the link "Order execution time" on the website of the online store.
- In the case of a reservation, the delivery date of the goods to the store is 14 working days, unless a shorter date is specified in the description of the goods or during the creation of the reservation.
- The time of preparation of the goods for dispatch by the seller is always stated on the page of the given goods and is calculated from the day (beginning of the delivery period) of concluding the contract for making the reservation. To this time must be added the time of delivery of goods, which is always listed on the page of the goods, and also under the link "Order execution time" in the online store.
- In the case of creating an order or reservation for several products with different delivery dates, the delivery date is the longest specified period, which, however, may not exceed 14 working days.
COMPLAINT
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
- The seller responds to the customer that the goods are free of defects upon receipt. In particular, the seller is responsible to the customer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or the manufacturer, having regard to the nature of the goods and the advertising made by them,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
- the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of legal regulations.
- If the goods do not have the properties specified in § 2161 of the Civil Code (ie the properties specified in paragraph 2), the customer may require delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only part of the goods, the customer only requires a replacement part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the customer has the right to free removal of the defect.
- The customer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the customer also has the right to withdraw from the contract.
- If the customer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The customer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant inconvenience to the customer.
- The provisions referred to in paragraph 2 shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the customer, or if it follows from the nature of the goods.
- If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The customer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
- The customer exercises the rights arising from defective performance with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of making a complaint is considered to be the moment when the seller learned about the complaint.
- Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
- The seller is obliged to return the cost of delivery of goods only in the amount corresponding to the cheapest offered method of delivery of goods.
EXTRAORDINARY DISPUTE RESOLUTION METHODS AND TERMS AND CONDITIONS OF ACCESS TO THESE PROCEEDINGS
- The out-of-court settlement of consumer complaints is provided by the seller via the electronic address contact@mystyleco.cz. The seller will send information on the settlement of the customer's complaint to the customer's e-mail address.
- The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with the ZOS.
- According to ZOS, the customer has the right to out-of-court settlement of a consumer dispute arising from the purchase contract. The Czech Trade Inspection Authority is the entity that is authorized to resolve the dispute out of court. More information is available at https://www.coi.cz/ or at the online dispute resolution website http://ec.europa.eu/consumers/odr.
RIGHT TO WITHDRAW FROM THE CONTRACT
In accordance with the provisions of § 1829 par. 1 of the Civil Code, the customer who concluded the distance contract has the right to withdraw from the purchase contract within thirty (30) days of receiving the goods (which means extension of the 14-day withdrawal period set by ZOS) . To maintain the deadline, it is sufficient if the customer makes a statement to the seller before it expires. The customer can make any unambiguous statement informing about his withdrawal from the contract. Withdrawal from the contract can be made, for example:
- in writing to the address: Vršovická 1525, 101 00 Prague 10 - Vršovice, Czech Republic.
- in electronic form to the e-mail address: contact@mystyleco.cz
- The above does not apply to contracts relating to non-prefabricated products manufactured at the customer's request or according to his individual needs.
- To withdraw from the purchase contract, the customer can use the sample withdrawal form, but this is not necessary.
- The period of withdrawal from the purchase contract begins with the acceptance of the goods by the customer or his agent and in the case of a purchase contract which
- relates to several goods which are delivered separately, in parts or parts - by taking over the last goods, part or part, or
- depends on the regular delivery of goods over a period of time - from the receipt of the first goods.
- In the event of withdrawal from the distance contract, the contract is considered not concluded.
- The seller is obliged without delay, no later than 14 days from receipt of the customer's statement of withdrawal from the contract, to return to the customer all his payments, incl. the cost of transporting the goods (with the exception of the increased costs resulting from the customer 's chosen mode of transport other than the cheapest conventional mode of transport available in the online store.
- In the event of withdrawal from the contract, the seller will return the funds received from the customer within fourteen (14) days of withdrawal from the purchase contract by the customer, in the same way as the seller received from the customer. The seller is also entitled to return the performance provided by the customer when returning the goods by the customer or in another way, if the customer agrees and the customer does not incur additional costs. If the customer withdraws from the purchase contract, the seller is not obliged to return the funds received to the customer before the customer returns the goods or proves that he sent the goods to the seller.
- The customer is obliged to return the goods to the seller immediately or no later than 14 days from the date of withdrawal from the contract, or hand them over to a person designated by the seller, unless the seller has offered to pick up the goods himself. In order to maintain the deadline, it is sufficient if the goods are dispatched within that deadline. The goods can be sent to the address: Vršovická 1525, 101 00 Prague 10 - Vršovice, Czech Republic. As far as possible, please enclose proof of purchase of goods.
- The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the customer's right to a refund of the purchase price.
- Until the goods are taken over by the customer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the customer without undue delay, non-cash to the account specified by the customer.
- If a gift is provided to the customer together with the goods, the gift contract between the seller and the customer is concluded with the untying condition that if the customer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the customer is obliged to return given a gift.
LICENSE
- Exclusive rights to content published or placed in the online store of the seller or its suppliers, in particular copyrights, the name of the online store (trademark), which is part of the graphics system, software (including application) and database rights are subject to legal protection and held by the seller or the entity with which the seller has entered into the relevant contract. The customer is entitled to use the above in the usual way. The content, including the application, is provided free of charge in the same way as content published and distributed by other customers in accordance with the law in the online store, but only for personal use and for the proper use of the online store, worldwide. Other use of the content, including the application, is only permitted with the express prior written consent of the authorized entity.
- By placing any content in the online store (including through an application), in particular graphics, comments, opinions or account information or elsewhere in the online store, the customer grants the seller a non-exclusive, free license to use, store in computer memory, change, delete, add, public production, public display, reproduction and dissemination (especially on the Internet) of such content worldwide. This right includes the right to sublicense to the extent justified for the performance of the purchase contract or the contract for the provision of services (including the operation and development of e-commerce). The customer also authorizes the seller himself or through a third party to develop, adapt, process and translate the work in the sense of Act No. 121/2000 Coll., On Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), in wording of later regulations. If the customer is not entitled to grant the licenses referred to in this paragraph. 2, undertakes to obtain such a license for the seller.
- Notwithstanding the foregoing, the Application is subject to the proprietary copyrights of the Seller. Along with the installation of the application on the customer's mobile device, the seller grants a non-exclusive license to use the application in the usual way, including copying the application only in connection with downloading it to his mobile device, installing and running the application on the customer's mobile device. The customer can install the application on any number of his mobile devices, but only one copy of the application can be installed on one mobile device.
- In particular, Customer is not authorized to translate, adapt, redistribute or make any other changes to the Application, including its source code, except as permitted by law;
PROTECTION OF DATA
- The personal data of the customer are processed by the seller as the administrator of personal data.
- The provision of personal data by the customer is voluntary, but necessary for the purposes of opening an account, using the said electronic services, concluding a purchase contract or making a reservation.
- Detailed information regarding the protection of personal data is available under the link "Privacy Policy" published on the website of the online store.
TERMINATION OF THE AGREEMENT ON PROVISION OF SERVICES AND CHANGE OF TERMS AND CONDITIONS
Seller may terminate the Service Agreement or any license granted under Part IX at any time. these terms and conditions to the customer with one month's notice for the following serious reasons:
- amendment of the law governing the provision of electronic services by the seller relating to the reciprocal rights and obligations specified in the contract concluded between the customer and the seller or change of interpretation of this legislation as a result of court decisions, administrative decisions, recommendations or instructions in the field of public authorities or similar entities;
- change in the method of providing services only for technical or technological reasons (especially updating of technical requirements specified in these regulations);
- modification of the scope or provision of services covered by these terms and conditions, introduction of new functions or services, modification or cancellation of existing functions or services.
- Notwithstanding the content of paragraph 1 and with regard to the Seller's special care for the protection of customers' personal data and their processing for an appropriate period, the Seller may terminate the service contract with immediate effect in case of customer inactivity in the online store for at least 3 years.
- The Seller shall send the notice pursuant to paragraphs 1 and 2 to the e-mail address provided by the Customer during the creation of the account, order or reservation, and in the event that the Seller does not have the contact e-mail address of the Customer.
- Seller may terminate Customer's service agreement or any license granted under Part IX of the Terms and Conditions with seven days' notice and / or prevent Customer from using the Online Store (including through the app) and creating orders, as well as restricting access to part or all for serious reasons, ie in the event of a gross breach of these terms and conditions by the customer, ie in cases where the customer violates the provisions of Part II, paragraph 7.
- these terms and conditions.
- For serious reasons, ie in the event of a gross breach of these terms and conditions by the customer, if the customer has breached the provisions of Part II, paragraph 7 (f) or (g) of these terms and conditions, the seller may restrict acceptance of offers made by the customer for a particular method of payment or delivery. to prevent further damage. This provision applies regardless of the data by which the customer is identified and what he provides when creating orders, especially if the customer also violates the provisions of Part II, paragraph 7 of the Terms and Conditions.
- Customers to whom the provisions of paragraph 4 or 5 apply may use the online store or use the payment or delivery methods concerned after contacting the seller (via ZSP) and obtaining the seller's consent to continue using the online store or specific payment or delivery method.
- These business conditions and their annexes are business conditions in the sense of § 1751 par. 1 of the Civil Code.
- The seller may change these terms and conditions (with the exception of Part XII of the Terms and Conditions, which applies to non-consumers and may be subject to change at any time under generally applicable law) only if there is at least one of the following important reasons:
- amendment of the law governing the provision of electronic services by the seller relating to the reciprocal rights and obligations specified in the contract concluded between the customer and the seller or change of interpretation of this legislation as a result of court decisions, administrative decisions, recommendations or instructions in the field of public authorities or similar entities;
- change in the method of providing services only for technical or technological reasons (especially updating of technical requirements specified in these regulations);
- changing the scope or manner of providing the services covered by these terms and conditions by introducing new functions or services, changing or removing existing functions or services.
- In the event of changes to these terms and conditions, the seller will publish the full new version of the terms and conditions on the website of the online store and also send them to the e-mail address specified by the customer when concluding the service agreement. This method is considered sufficient by the customer and the seller in order to enable the customer to become acquainted with the information on the change in the content of the terms and conditions. If the seller does not have the customer's e-mail address, a message will be sent to the customer as part of the notification in the application.
- The change of business conditions takes effect within 14 days from the day of sending the notification of the change. In the case of customers who have concluded an agreement on the provision of services, ie customers with an account, they have the right to terminate the contract for the provision of services within 14 days from the date of notification of changes in business conditions. Changes to the terms and conditions do not apply to purchase contracts concluded by the customer and the seller before the change in the terms and conditions.
PROVISIONS CONCERNING NON-CONSUMER CUSTOMERS
- This part of the terms and conditions and the provisions contained therein apply only to customers who are not consumers.
- The seller has the right to withdraw from the purchase contract concluded with a customer who is not a consumer within 14 days of its conclusion, without giving a reason. Withdrawal from the purchase contract in this case does not create any claims against the seller, which is not a consumer, apart from the obligation to return the mutually provided services.
- In the case of non-consumer customers, the seller has the right to limit the available payment methods. The seller also has the right to demand payment in advance, in whole or in part, regardless of the chosen method of payment and regardless of the content of the concluded contract.
- The risk of damage to the goods passes to the customer, who is not a consumer, at the time of delivery of the goods to the seller carrier. The seller is not responsible for loss, destruction or damage to the product, which occurred after its receipt by the carrier until delivery to the customer. It is also not responsible for delays in the delivery of the shipment.
- Any warranty for the goods against the customer who is not a consumer is completely excluded.
- In the case of non-consumer customers, the seller may terminate the service contract or any license concluded under the terms and conditions with immediate effect and without giving reasons by sending the relevant statement to the customer in any form.
- Neither the Seller nor its employees or agents shall be liable to the Customer, its contractual partners, employees or agents for damages, including lost profits, unless the damage was caused intentionally.
- In the case of liability of the seller, his employees or representatives in relation to a non-consumer customer, regardless of its legal basis, the amount of damages is limited, both per claim and for any total claims, up to the amount paid purchase prices and delivery costs according to the last concluded purchase contract, but up to a maximum of six thousand Czech crowns.
- The court of jurisdiction according to the place of business of the seller is competent to resolve any disputes that arise between the seller and the customer who is not a consumer.
- These provisions of the terms and conditions, which apply only to customers who are not consumers, may be changed by the seller at any time in accordance with generally applicable laws.
FINAL PROVISIONS
- These terms and conditions are binding from 28.04.2020.
- Contracts concluded by the seller are concluded in the Czech language.
- Securing, securing and making available the relevant provisions of the Contract for the provision of services electronically takes place by sending an e-mail to the e-mail address provided by the customer.
- Securing, securing, making available and confirming the necessary provisions of the purchase contract to the customer is done by sending an order confirmation to the customer's e-mail and attaching documents containing order specifications and tax documents on the purchase of the goods. The content of the purchase contract is further recorded and stored in the IT system of the online store.
- The Seller implements technical and organizational measures corresponding to the degree of threat to the security of the provided functions or services within the framework of the contract for the provision of services. The use of electronic services involves typical risks associated with the transmission of data over the Internet, such as its dissemination, loss or unauthorized access.
- The seller informs and the customer acknowledges that the use of the online store through a web browser or application, including creating orders, as well as telephone contact with ZSP, may be associated with the need to incur the cost of internet connection (for data transfer fee) in accordance with the tariff of the service provider used by the customer.
- Czech law, in particular Act No. 89/2012 Coll., The Civil Code, as amended (OZ), Act No. 634/1992 Coll., On Consumer Protection, as amended, applies to issues not expressly regulated by these terms and conditions. (ZOS).
- The choice of Czech law on the basis of these terms and conditions does not affect the protection of consumer rights on the basis of provisions which cannot be deviated from by agreement between the seller and the consumer, according to the law applicable in the absence of this choice.
The administrator of your personal data My Style s.r.o., with its registered office at Roztylská 2321/19, 148 00 Prague 4 - Chodov, Czech Republic. E-mail address: contact@mystyleco.cz., Contact telephone number: (+420) 272 075 500
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We process your personal data for marketing purposes My Style s.r.o. and our potential partners - so we can send you attractive ads and offers (discounts) by e-mail. If you provide your additional data in the future, it may also be processed for the purpose of sending (addressed to you) messages via a postal delivery service, or with additional consent, to a mobile phone. The legal basis for processing your personal data for these purposes is the Newsletter Rules - the contract concluded between you and Mystyleco.cz We will also process your data for purposes related to the potential for disputes during the implementation of the contract ( . Of course, you can unsubscribe from the newsletter, even with the possibility of unsubscribing to a limited extent, eg only from sending messages to the phone.
Depending on, among other things, your activity on our website and our profile on social networks using your e-mail address (eg whether you open an account in our store and what products you buy) or consent to the use of cookies, we can better newsletter to adapt just for you (in a simplified way we analyze your activity, thanks to which we can better adapt the newsletter for a specific group of our clients, eg the newsletter for men and women will look different, while we do not restrict access to interesting offers for different groups of clients and do not fundamentally affect their decision). Of course, you have the right to file a complaint against these activities (the legal basis for data processing in this case is our legitimate interest or the justified interest of our partners as so-called third parties - marketing activities). If you are over 18 years of age and have given your consent - the analysis of your activity on the Internet will also serve us to create and present ads and offers (discounts) designed to you completely tailored to your preferences, which can fundamentally affect your user decision -
However, we ask you to agree to such conduct. Such behavior differs from the usual "profiling" (ie, for example, adapting our messages, banners to your interests) in that their result can fundamentally influence your choices as consumers, so as a result a very advantageous, time-limited offer on goods can be sent. solely to you based on the history of your purchases and activity on our site, to which other our customers will not have access. As a rule, the more often you use our services and buy our products, the better special offers and surprises we can prepare for you. However, the basis of this activity is your voluntary consent. You can revoke your consent at any time - but this will not affect the lawfulness of the processing we perform before revoking it. Thanks to the use of advanced technologies, we often develop our content and send it automatically using our system, thanks to which you can quickly get acquainted with the most up-to-date content.
As a rule, we will process certain categories of your data until you unsubscribe from the newsletter or file complaints against their processing, and to the extent that processing is carried out with your consent, until such time as the consent is revoked, unless we are required by law to longer processing of these data, or we will be forced to keep them due to potential claims, for the period of their limitation stipulated by legal regulations, especially the Civil Code. - lodge a complaint with the President of the Office for Personal Data Protection; - transfer their personal data, eg to another controller (unless the processing is based on a legally justified interest of the controller); - to access their personal data, including a request for a copy; - filing objections to the processing of personal data if the reason for the processing is a legitimate interest; - request modification, restriction of processing or deletion of your data and unsubscription from the newsletter. We may pass on your data to entities that help us send e-mail messages within the newsletter (eg support us in marketing campaigns), ensure the support and operation of our tools and information and communication systems (eg data retention), carry out shipments and ensure routine legal services, carry out audits, etc.
Furthermore, as part of the above activities, we may pass your data to companies from our capital group. Exceptionally, we may pass on your data to our partners processing them outside the European Economic Area (EEA), but only to the extent necessary in connection with the services they provide us, especially information (eg data storage in the cloud) and supporting e-commerce and application functionality. Data processing by our partners outside the EEA may take place primarily in the United States (USA). The security of your data is ensured by the security we use, including standard contractual clauses approved by the European Commission. We also try to make our partners part of the Privacy Shield program. You can obtain a copy of your data transferred to non-EEA countries, in particular by contacting our Data Protection Officer.