Delivery and complaints>
- Delivery time, if stated, is only informative and is not binding for the Operator.
- The Operator undertakes to dispatch the goods to the Buyer as soon as it is feasible.
- The Operator is not liable for any damage caused by a delay in shipping or delivery of the goods for any reason.
Shipping, delivery and acceptance of goods
- The Buyer assumes the ownership right to the purchased goods upon their acceptance. Upon such acceptance, damage risk also transfers to the Buyer.
- The seller shall send to the Buyer a tax receipt electronically which includes a purchase date, product designation, purchase price and information about the seller.
- Upon acceptance of the goods from the carrier, the Buyer is obligated to check integrity of packaging and notify any faults immediately to the carrier. In the event of damage of packaging indicating unauthorised opening of the consignment, it is recommended that the Buyer does not accept the consignment from the carrier and files a record on consignment damage. By signing the delivery document the Buyer confirms that packaging was not damaged.
- Claims related to mechanical damage of the product, inappropriate goods, etc. that was not apparent upon acceptance of the consignment, must be raised by the Buyer immediately after discovering them. The Operator is not liable for any damage incurred on the goods during their shipment unless the Buyer makes a claim immediately pursuant to para. 3.2.3. and 3.2.4. of these Terms and Conditions.
- In the event that the goods need to be delivered repeatedly or in a different manner than stated in the order, due to the reasons on the part of the Buyer, the Buyer is obligated to pay the costs related to repeated delivery of goods, or costs related to a different delivery method.
- All communication of the seller can be delivered to the Buyer electronically to the email stated in his/her user account or in the order.
Withdrawal from the purchase agreement by the Buyer
- If the purchase agreement is concluded through means of remote communication (through the internet shop), the Buyer is entitled, pursuant to § 1829 et seq. Civil Code, to withdraw from the agreement within 14 days since the day of goods acceptance without stating the reason. In such case the Buyer shall contact the seller in writing and state he is withdrawing from the agreement, while including the order number, date of purchase and account number for refund. In the event of withdrawal from the agreement, the purchase agreement becomes void.
- The Buyer acknowledges that according to § 1837 of the Civil Code he/she cannot withdraw from the purchase agreement in the cases stipulated herein, in particular in the event of the delivery of goods that was adjusted based on the Buyer’s requirements or for him/her.
- In the event of withdrawal from the agreement, the goods must be returned to the Seller within fourteen (14) days since the Buyer withdraws from the agreement. The Buyer is entitled to receive the refund of shipping costs only in the lowest offered amount.
- In the event the Buyer withdraws from the purchase agreement, the Buyer bears the costs related to the goods return to the seller even in the event when the goods cannot be returned via standard post due to its character.
- In the event the Buyer rightfully withdraws from the purchase agreement, the Operator is obligated, with no unnecessary delay and within 14 days at the latest after the withdrawal, to return all monies including shipping costs of the goods corresponding to the lowest shipping costs, basically in the same manner as he/she accepted them. The entrepreneur refunds to the consumer all received monies in another way only if the consumer agrees to it and if he/she does not incur further costs.
- In the event the Buyer withdraws from the purchase agreement, the Operator is not obligated to refund accepted monies to the Buyer before the Buyer hands over the goods to the Operator. The seller is entitled to factor in compensation for damaged goods unilaterally against the Buyer’s claim for the purchase price refund.
- In the event the Buyer withdraws from the purchase agreement unrightfully and will return the goods to the Operator, the goods shall not be accepted, or the goods shall be dispatched back to the Buyer at the Buyer’s expense.
Withdrawal from the purchase agreement by the Operator
- The Operator ensures he/she has good awareness of the market related to the goods he/she sells; however, there can be exceptional situations when he/she will not be able to deliver the ordered goods for the conditions agreed in the purchase agreement. The Operator, therefore, reserves the right to withdraw from the purchase agreement in such cases.
- The Operator as well as the Buyer are also entitled to withdraw from the purchase agreement when the goods were offered for an incorrect price by mistake and the Buyer has not accepted the appropriate change of the purchase agreement, i.e. an increase in the price or shipping costs.
- Up until the Buyer’s acceptance of the goods, the seller is entitled to withdraw from the purchase agreement at any time.
- If the Operator withdraws from the purchase agreement, he/she is obligated to immediately notify the Buyer electronically to the email stated by the Buyer in the order. Hereinafter, the Operator is obligated to return to the Buyer the full price of the goods if it has been already paid.
Rights associated with defective performance
- Rights and obligations of the contractual parties regarding the rights associated with defective performance are governed by generally binding regulations (in particular § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
- The Buyer is obligated to enforce the right associated with defective performance that occurs on consumer products within the statutory period, i.e. 24 months from the acceptance.
- The seller is liable to the Buyer that the goods are faultless upon acceptance.
- In particular, the seller is liable to the Buyer that upon acceptance of the goods by the
- the goods have characteristics that the contractual parties agreed on and if there is no such agreement, it has such characteristics that the seller or manufacturer described or that the Buyer expected considering the character of the goods and based on the advertising of the goods,
- the goods are suitable for the purpose that the seller states or for the purpose that the goods are usually used for,
- the goods’ quality or finish corresponds to the agreed sample or artwork if the quality or finish had been determined based on an agreed sample of artwork,
- the goods are in sufficient quantities, amount, or weight and
- the goods comply with requirements of legal regulations.
- In the event a fault appears within the first 6 months since acceptance, the goods are considered to have been faulty upon acceptance.
- Rights associated with defective performance are claimed by the Buyer against the seller at his/her aforementioned address. The complaint is raised at the moment when the seller receives the claimed goods from the Buyer.
- When exercising the right associated with defective performance the Buyer is obligated to prove the conclusion of the purchase agreement. The Operator recommends to particularly present the invoice (purchase receipt) for this purpose.
- The Buyer is obligated to point out a fault to the seller, i.e. submit a description of the goods’ fault for which he/she makes a complaint.
- The right associated with defective performance does not apply to the Buyer if the Buyer, before accepting the product, knew that the product was faulty or if the Buyer caused the defect himself/herself.
- If the Operator does not reject the complaint, he/she issues to the Buyer a confirmation about complaint acceptance that will include, among other things, identification of the Operator and the Buyer, what the complaint includes according to the Buyer, which type of complaint resolution the Buyer is requesting, a date and location of complaint acceptance and a signature of an employee of the Operator.
- The Operator must send a notification to the Buyer about the resolution of the complaint and the type of resolution to the email stated by the Buyer as part of the complaint or by using other contact details that can be used for such notification. The Operator states the deadline for collecting the claimed goods in this notification.
- In the event the Buyer fails to collect the claimed goods within the time limit set by the Operator, the Operator is entitled to charge a reasonable storage fee to the Buyer or sell the goods at the expense of the Buyer through self-help. The Operator must inform the Buyer about this approach in advance and should provide a sufficient period for collection of goods.
- Other rights and obligations of the contractual parties relating to the liability of the seller for defects may be governed by the seller’s complaint procedure.
Terms and conditions
- Internet shop ZAGH, which sells goods through an online shop located at http://www.zaghcouture.com, is operated by company Z-Moda, s.r.o., ID No. (IČ): 03632890, Tax ID No. (DIČ): CZ03632890, as a seller, place of business at: Vinohradská 939/39, 120 00 Prague 2 - Vinohrady (hereinafter ‘seller’ or ‘Operator’), bank details: UniCredit Bank Czech Republic and Slovakia a.s., account No. 2110809360/2700. IBAN: CZ5227000000002110809360.
- These terms and conditions govern mutual rights and obligations of contractual parties arising in connection with or pursuant to the purchase agreement (hereinafter ‘purchase agreement’) concluded between the seller and any other natural person through the online shop of the seller.
General Terms and Conditions
- These Terms and Conditions form an integral part of the purchase agreement, concluded between the Operator and the Buyer, and govern mutual rights and obligations of the contractual parties arising from the purchase agreement.
- By placing an order the Buyer confirms its consent with the Terms and Conditions in their entirety.
- Unless the purchase agreement or its appendices explicitly stipulate a different arrangement, or validity of some provisions of these Terms and Conditions is excluded or otherwise modified by an explicit agreement between the Operator and the Buyer, these Terms and Conditions apply in any other matter for mutual relationships between the contractual parties.
- The Terms and Conditions do not apply in instances when a person who intends to purchase goods from the Operator is a Buyer – entrepreneur. In these business cases general statutory legislation for a purchase agreement applies.
- A product list means selected goods offered through a catalogue on the internet shop website. The product list is not considered to be a proposal to deliver goods within the meaning of § 1732 para. 2 of the Civil Code; the product list is informative and the seller is not obligated to conclude a purchase agreement regarding the goods.
- The Order can be created by a Buyer using a form on the internet shop website.
- When creating an Order using the form on the internet shop website, the Buyer first selects the goods that he/she is interested in purchasing.
- After selecting the desired quantity, type of shipping (see Art. 2.4.1.) and the payment method (see Art. 2.5.1.), the Buyer will confirm his/her order thereby submitting a binding proposal for a purchase agreement between the Buyer and the Operator.
Concluding a purchase agreement
- The contractual relationship between the Operator and the Buyer arises upon delivery of the Order (the so-called acceptance) that is sent by the Operator to the Buyer to the email stated in the Order.
- The method of goods delivery is stated in the Order form.
- The Operator undertakes to send information to the Buyer about dispatching the goods to the email stated by the Buyer when the Order is raised.
- Shipping the ordered goods means their dispatching to the address stated by the Buyer when creating the Order.
- The Operator offers the following payment methods: bank transfer, payment card via internet and PayPal.
- If the Buyer selects bank transfer as the payment method, he/she will pay the order price before it’s processed to the bank account of the Operator. In order to process the Order as fast as possible, the Operator recommends to pay the payment under the variable symbol which is the order number that the Buyer obtains when submitting the Order. In the event of payment by bank transfer the purchase price is considered paid when credited to the seller’s account.
- When selecting payment by a payment card online, the Buyer will be redirected to the payment server of a third party, upon submitting the Order, where he/she will be required to enter necessary payment details. After verifying their validity, the order will be confirmed and the purchase price will be deducted from the account of the Buyer.
- When selecting payment by PayPal, the Buyer will be redirected, upon submitting the Order, to the server of a third party to log into his/her PayPal account. After verifying validity of and sufficient balance on the PayPal account, the order will be confirmed and the purchase price will be deducted to the Buyer’s PayPal account.
- The seller reserves the right to make any changes and changes in prices in the internet shop. The price is valid at the time of ordering.
- The prices of the goods and services (e.g. shipping) exclude VAT.
Rights and obligations arising from concluding the purchase agreement
- The Operator is obligated to deliver to the Buyer the ordered goods for the agreed price and the Buyer is obligated to accept the goods and pay the purchase price.
- In the event of breaching the conditions of the purchase agreement or Terms and Conditions by the Buyer, the Operator reserves the right to withdraw from the purchase agreement. In this case the Buyer is obligated to pay to the Operator all costs related to his/her order, in particular shipping costs if he/she does not accept the goods.
- The Buyer is obligated, in particular when ordering goods, to enter correct and true data. The data necessary for concluding the purchase agreement entered by the Buyer are considered correct by the seller.
- The seller is not bound by any codes of conduct in the relationship with the Buyer within the meaning of § 1826 para. 1 letter e) of the Civil Code.
- Complaints are handled by the seller through the following email: firstname.lastname@example.org. The seller shall send the information about complaint resolution to the Buyer’s address.
- Communication language between the Operator and Buyer and the language of the purchase agreement is Czech. Concluded purchase agreements are archived by the Operator electronically and are not available to any other parties.
- In the event some of the provisions of these Terms and Conditions become invalid or ineffective for any reason, this fact does not cause invalidity or ineffectiveness of the remaining provisions of the Terms and Conditions or purchase agreement.
- Terms and Conditions may be changed or amended by the Operator. The amended Terms and Conditions are valid on the day when they are published. Rights and obligations of the Operator and Buyer arisen prior to the new Terms and Conditions coming into effect are not affected by the change.
- In the event the relationship arising from the purchase agreement includes an international (foreign) element, the contractual parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from the generally binding legislation.
Protection of personal data
- The Buyer agrees with the processing of his/her personal data, which includes a name and surname, home address, identification number, tax identification number, email address, gender, bank account number and telephone number and grants consent to the collection and processing of his/her personal data by the Operator.
- Handling personal data of Buyers is subject to the Act No. 101/2000 Coll., on Personal Data Protection, as amended.
- The Operator is registered with The Office for Personal Data Protection.
- The Buyer agrees with the processing of personal data by the seller for the purposes of realising rights and obligations arising from the purchase agreement, operating the loyalty programme for the Buyer and for the purposes of maintaining the user account. If the Buyer does not select another option, he/she gives consent to the processing of personal data by the seller also for the purposes of sending information and business notifications to the Buyer. The Buyer gives consent to the processing of personal data voluntarily and can anytime revoke it free of charge using the link at the end of business notifications. Consent to the processing of personal data in their entirety according to this article is not a requirement that would in itself prevent a purchase agreement from being concluded.
- The Buyer acknowledges that he/she is obligated to state his/her personal data (at registration, in the user account or in the order) correctly and truthfully and that he/she is obligated to inform the seller without any unnecessary delay about the change in his/her personal data.
- The seller may appoint a third party as a processing party to process personal data of the Buyer. Up-to-date information about processing parties of personal data will be provided to the Buyer at his/her request.
- Personal data will be processed for an indefinite period of time electronically in an automated manner or in print in a non-automated manner.
- The Buyer confirms that provided personal data are accurate and he/she provided the personal data voluntarily.
- In the event the Buyer thinks that the seller or the processing party processes his/her personal
data inconsistently with the protection of the Buyer’s private and personal life or
inconsistently with the law, in particular if personal data are not accurate with regard to the
purpose of their processing, he/she can:
- request explanation from the seller or the processing party,
- request rectification of the situation by the seller or the processing party.
- If the Buyer requests information about the processing of his/her personal data, the seller is obligated to provide this information. The seller is entitled to request adequate compensation for the provision of information according to the preceding sentence, not exceeding costs necessary for such information provision.
- The Buyer agrees to receive information related to goods, services or company of the seller to the Buyer’s email and furthermore he/she agrees to receive business notifications from the seller to the Buyer’s email.
- The Buyer agrees with storing cookies on his/her computer. None of the cookies used on the website of the internet shop collects and contains information that has the nature of personal data of the Buyer so it does not allow to identify a specific person in any way. By setting his/her web browser, the Buyer can delete individual cookies manually, block them or fully prohibit them. Individual cookies can be also blocked or allowed only for specific websites.
In Prague on 10 September 2015 Z-Moda s.r.o.