Terms and Conditions
GENERAL TERMS AND CONDITIONS
These general terms and conditions (hereinafter referred to as "terms and conditions") apply to contracts concluded through online commerce www.oxoshop.cz located on the web interface www.oxoshop.cz (hereinafter referred to as "web interface") between
businessman
Factcool Kft., Podmaniczky utca 57., 2.em. 14., 1064 Budapest, Hungary
ID: 01 09 306505
VAT number: HU26184340
company registered in the commercial
register of the District Court Budapest
Delivery address: Bubblestar CZ s.r.o., Koněvova 2660/141, Žižkov (Prague 3), 130 00 Prague
Contact email: info@oxoshop.cz
and you as buyers
1. INTRODUCTORY PROVISIONS
By the purchase contract, we undertake to deliver to you the goods specified in order, and you undertake to take delivery of these goods (either in person or from the carrier) and pay us the purchase price stated in Purchase price (or just "price") includes the costs associated with the delivery of goods and any fees related to the selected payment method. The amount of these costs will always be communicated to you before the binding dispatch of the order.
You acquire ownership of the goods by paying the full purchase price, but not before you take delivery of the goods.
1.1. Does the purchase contract apply only to the goods?
Like purchase agreement (or just "bargain") refers here to any contract concluded according to these terms and conditions. It may therefore also include a contract for the provision of services.
1.2. Is the purchase contract a consumer contract?
A consumer contract is a contract in if you are a consumer, i.e. if you are a natural person and you purchase goods outside the scope of your business activity or outside the scope of the independent performance of your profession. In otherwise, it is not a consumer contract and you are not subject to consumer protection under legal regulations and these terms and conditions. In particular, as a non-consumer, you do not have the right to withdraw from the contract without giving a reason.
1.3. What specific rights do you have as a consumer?
As a consumer, you have, above all,:
- the right to withdraw from a contract concluded using means of distance communication, such as telephone, e-mail or online store (Article 5 of these Terms and Conditions);
- warranty claim for unused consumer goods in duration of 24 months (the warranty is governed by the Complaints Procedure);
- the right to be informed before the contract is concluded (the information is contained in these terms and conditions or on the web interface);
- the right to out-of-court settlement of a consumer dispute arising from a contract (Article 7.3 of these Terms and Conditions).
1.4. What governs our legal relationship?
Our legal relationship is governed by the following documents:
- these terms and conditions, which define and specify our mutual rights and obligations;
- Complaints Procedure, according to which we will proceed when claiming goods;
- Terms of Use web interface, which regulate registration on the web interface, protection of your personal data, protection of the content of the web interface and some other relations related to using the web interface;
- the conditions and instructions stated on the web interface, especially when concluding a contract;
- by ordering and receiving it from our side,
and in issues not regulated here also by the following legal regulations:
- Act No. 89/2012 Coll., the Civil Code, in in its effective wording (hereinafter referred to as "civil code");
- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your place of residence or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you acknowledge that our relationship governed by Czech law.
1.5. How do you express your consent to terms of trade?
By sending your order and also by confirming it in the web interface, you confirm that you have read and agree to these terms and conditions. them.
We may change or supplement the wording of the Terms and Conditions. Your rights and obligations are always governed by the wording of the Terms and Conditions under which they were created.
2. PURCHASE AGREEMENT
2.1. How do we conclude a purchase contract?
The web interface provides a list of goods, including a description of the main features of each item. The price of each item, including all taxes, duties and fees, is listed. The presentation of the goods is of an informative nature and does not constitute our proposal to conclude a contract within the meaning of Section 1732, paragraph 2 of the Civil Code.To conclude a contract, it is necessary for you to submit an order and for the receipt of this order from our side.
2.2. How to place an order?
You can always place an order via the web interface (by filling out the form), by e-mail or in another way that we allow according to the current information provided on the web interface.
The order must contain all the information prescribed in the form, in particular the exact designation of the ordered goods (or numerical designation of the goods), the number of pieces, the chosen method of payment and shipping, and your contact details (delivery and, if applicable, billing).
Before the binding submission of the order, you will be provided with a summary of the order including the final price (depending on the chosen shipping and payment method). We recommend checking in particular the type and quantity of goods, telephone number, e-mail and delivery address. IN During the recapitulation you have the last chance to change the entered data.
You place a binding order by pressing the "Send order" button. The data provided in binding order we consider correct and completePlease inform us immediately by email about any changes.
If we have any doubts about the authenticity and seriousness of an order, we may contact you to verify it. We may reject an unverified order. Such an order will then be considered as if it had not been placed.
2.3. So when is the contract concluded?
The purchase contract is concluded at the moment when you receive the order acceptance from our side. Order acceptance will be sent to the email address you provided in order. If the If the order has not been accepted, the contract is concluded when you pay the full purchase price or take delivery of the ordered goods (whichever occurs first). Acceptance of the order (acceptance) may be part of the information on receipt of the order pursuant to Article 2.2 of these terms and conditions (if applicable). confirmation explicitly stated), or it may follow this confirmation separately.
Information about the individual technical steps leading to the conclusion of the contract can be seen from web interface.
2.4. Can you cancel an order that has already been sent?
An order that we have not yet accepted (i.e. you have not been sent an order acceptance from our party according to the article 2.3 of these terms and conditions), you can cancel by e-mail. All orders received by us are binding. Later cancellation of the order is only possible after agreement with us. If an order for goods for which the contract cannot be withdrawn is cancelled in this way (for more details see Article 5), we are entitled to reimbursement of costs that we have already incurred connection with they spent by contract.
2.5. Can the price listed on the web interface change?
The prices of the presented goods and the prices for packaging, transport and delivery remain valid for the period they are displayed in the web interface. Any discounts on the price of the goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.
IN in the event that there was a completely obvious technical error on our part when stating the price of the goods in the web interface or in during the ordering process, We are not obliged to deliver the goods to you at this clearly incorrect price., and not even in in the event that you have been sent an order acceptance according to these terms and conditions. IN in such a case, we reserve the right to withdraw from the contract.
2.6. You have the opportunity to obtain a contract in in text form?
The contract is not concluded in writing with signatures of the contracting parties. The contract consists of these terms and conditions, your order and its acceptance from our side. The entire contract will be sent to you by e-mail or, at your request, printed by post. When sending by post, we may ask you to pay the costs with connected with it.
2.7. What if something in Don't you understand the contract?
If you have any questions about the terms and conditions or the contract, you can contact us via email. We will be happy to provide you with all the necessary information.
2.8. In In what languages can the contract be concluded?
The contract can be concluded in in the Czech language, unless we expressly agree otherwise. another language.
2.9. Is the contract stored somewhere?
We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you upon request.
3. PAYMENT TERMS
3.1. What payment methods do we accept?
You can pay the purchase price mainly in the following ways:
- in cash on delivery or personal collection of goods;
- cashless before delivery of the goods by transfer to our bank account (instructions will be given to you in order confirmation).
Any other payment methods are listed on the web interface.
Some payment methods (especially cash on delivery) may incur additional fees.These fees are listed on the web interface. In The order will always include the final price, which already includes fees related to the selected payment method.
3.2. When is the purchase price due?
In case of payment in cash, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is payable within ten days of receipt of the order according to Article 2.3. Your obligation to pay the price in the case of non-cash payment is fulfilled at the moment the relevant amount is credited to our bank account.
3.3. In What currency can you pay in?
Payment for goods is possible in in Czech crowns (CZK) and in in euros (EUR).
3.4. When can we request a deposit or advance payment?
We may request a deposit on the purchase price, especially for orders with with a total price of over 10,000 CZK.
We are also entitled to ask you for payment of the full price of the goods before they are shipped or handed over (Section 2119(1) of the Civil Code does not apply).
4. DELIVERY TERMS
4.1. How do we ship the goods?
The delivery methods are listed on the web interface.You can choose the specific method of delivery of goods in If you do not select any shipping method, we can determine it for you.
4.2.What are the costs of delivering goods?
The cost of delivering goods always depends on the size and nature of the goods and on the price list of the selected carrier. The current cost of delivering goods is listed on the web interface.
IN The order will always include the final price, which already includes the costs of the selected shipping method.
4.3. When will we deliver the goods to you?
The delivery time of goods always depends on their availability and the chosen method of shipping and payment.
We usually ship goods that are in stock within 3 working days of receiving the order (when sending goods on delivery or in person), or from the time the payment is credited to our account (when paying by bank transfer).
We will ship out-of-stock items as soon as possible. We will inform you of the exact date.
Delivery of goods under these terms and conditions is understood to be the moment when the goods are delivered to you. If you refuse to accept the goods without reason, this fact is not considered a failure to fulfill the obligation to deliver the goods from on our part, nor for withdrawal from the contract Your side.
4.4. How to proceed when receiving the goods?
When receiving the goods, check that the packaging is intact.If you find any defects, please inform the carrier and us immediately. If you reject the shipment with If you accept the goods with damaged packaging, this is not considered an unjustified rejection of the goods.
The moment of receipt of the goods (or the moment when you were obliged to receive the goods, but in you did not do so in breach of the contract), you are responsible for accidental destruction, damage or loss of the goods.
4.5. What happens in in case you do not receive the goods?
If it is from for reasons on your part, the goods must be delivered repeatedly or in a manner other than the agreed upon, you are obliged to pay the costs associated with by such delivery.
Furthermore, we have in in such a case, the right to withdraw from the contract.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. How can you withdraw from the contract?
You can withdraw from the purchase contract within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend that you send the notice of withdrawal from the purchase contract to our delivery address or e-mail. We will confirm receipt of the notice without undue delay.
You do not have to give any reason for withdrawing from the contract.
5.2. What are the consequences of withdrawing from the contract?
By withdrawing from the contract, the contract is cancelled from the beginning and is regarded as if it had not been concluded.
If you were provided with the goods with With your consent, the gift contract will cease to be effective upon withdrawal from the contract by either party. Send the gift back to us together with returned goods.
5.3. When can you not withdraw from the contract?
IN In accordance with Section 1837 of the Civil Code, it is not possible to withdraw from, among others, the following contracts:
- about the delivery of goods that have been customized according to your wishes or for your person;
- about the delivery of goods in a sealed package that you have removed from the packaging and cannot be returned for hygiene reasons.
5.4. How will you return the goods to us?
You are obliged to return the goods to us within 14 days of withdrawing from the contract to our delivery address, to any establishment or to the address of our registered office. Do not send goods on delivery.We are not obliged to accept goods sent on delivery.
TO We recommend that you enclose the following with the returned goods:
- a copy of the delivery note and invoice, if these documents were issued, or another document proving the purchase of the goods;
- a written statement of withdrawal from the contract (on our form or otherwise) and the account number. Please include the delivery address, telephone number and e-mail in the statement.
Failure to submit any of the the above documents do not prevent the positive processing of your withdrawal from the contract according to the legal conditions.
5.5. When will you get your money back?
We will refund any money received to you within 14 days of your withdrawal from the contract. However, please note that we are not obliged to refund your money until you have returned the goods to us or proven that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the costs of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest one we offer, we will refund the costs of delivering the goods to you. in the amount corresponding to the cheapest offered method of delivery of goods.
We will refund your money by bank transfer to your bank account.
In addition to the above methods, we can always return the money by sending it to the bank account you provided or the account from which the funds were transferred to. payment of the purchase price (if you do not notify us of any withdrawal from the contract within ten days). By accepting these terms and conditions, you express your consent to the sending of funds in accordance with the previous sentence, provided that you do not incur any additional costs in this way.
Costs associated with by sending the returned goods to our address You pay, even in in the event that the goods cannot be returned by regular mail due to their nature.
5.6. When can we withdraw from the purchase contract?
We reserve the right to withdraw from the contract in the following cases:
- due to a technical error, a clearly incorrect price of the goods was displayed on the web interface (Article 2.5 of these terms and conditions);
- goods from for objective reasons (primarily because the goods are no longer produced, the supplier has stopped supplying to the Czech Republic, etc.) it is not possible to deliver under the original conditions;
- performance becomes objectively impossible or unlawful.
IN in the event that any of the following occurs above, we will inform you immediately of our withdrawal from the contract. The withdrawal is effective against you from the moment it is delivered to you.
If you have already paid the purchase price in full or in part, we will refund the amount received to you by bank transfer to the account you provide us with for this purpose or from which you made the payment. We will refund the money within five days of withdrawing from the purchase contract.
6. RIGHTS FROM DEFECTIVE FULFILLMENT
Your rights from defective performance is governed by the relevant generally binding legal regulations (in particular the provisions of Section 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
When exercising rights from defective performance, we will proceed in accordance with our Complaints procedureBefore sending a complaint, please contact Please read the complaints procedure carefully so that the complaint can be handled as quickly as possible. Your satisfaction.
7. FINAL PROVISIONS
7.1. What permissions do we have to performance of our activities and who controls us in doing so?
TO We are authorized to sell goods based on a trade license. Our activities are not subject to any other authorization.
Trade licensing inspection is carried out within the scope of its competence by the relevant trade licensing office. Inspection of compliance with legal regulations concerning technical requirements for goods and safety of goods is carried out by the Czech Trade Inspection Authority (http://www.coi.cz/). The Czech Trade Inspection Authority also carries out inspections of compliance with consumer protection regulations. Consumer rights are also defended by their interest groups and other entities for their protection.
7.2. How do we handle complaints?
We handle any complaints via our contact email. You can also contact the entities listed in Article 7.1.In relation to We are not bound by any codes of conduct to our customers, nor do we adhere to any.
7.3. What are your rights in the event of a consumer dispute?
If you are a consumer and a dispute arises between us regarding contract that we are unable to resolve directly, you have the right to contact this dispute to the Czech Trade Inspection (http://www.coi.cz/) for the purpose of out-of-court settlement of a consumer dispute. You can exercise this right no later than 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.
7.4. What else should you know?
When concluding the contract, means of distance communication (especially the Internet) are used. You are responsible for the costs incurred when using means of distance communication (especially the costs of an Internet connection or telephone calls). These costs are no different from the regular rate.
Unless otherwise agreed, all correspondence relating to the contract between us shall be in in writing, either by sending it by e-mail, registered mail or by personal delivery. From We will deliver our party to you at the e-mail address specified in order or in your user account.
IN In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that most closely matches the meaning of the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. The contract (including terms and conditions) can only be amended or supplemented in writing..