General Business Terms and Conditions
- These General Business and Conditions (hereinafter referred to as the "GBTC") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Sb., the Civil Code (hereinafter referred to as the "Civil Code")
GET Fashion s.r.o.
Comp. Reg. No.: 05863198
VAT ID: CZ05863198
Registered office: Roztylska 1860/1, Prague 14800
registered at the Municipal Court in Prague, section C, insert 272097
(hereinafter referred to as the “Seller”)
- These GBTC govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside of his/her business activity as a consumer or within the scope of his/her business activity (hereinafter referred to as the "Buyer") through the web interface located on the website available at www.donlemme.com (hereinafter referred to as the "Online Shop").
- The provisions of the GBTC are an integral part of the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these GBTC.
- These GBTC and the purchase agreement are concluded in the english language.
Information on the Goods and Prices
- Information on the goods, including the prices of the individual goods and their main features are listed in the catalogue of the Online Shop. The prices of the goods are inclusive of value added tax, all related charges, and the cost of returning the goods if they cannot be returned by normal mail by their nature. The prices of the goods remain valid for the period of time they are displayed in the Online Shop. This provision does not preclude negotiation of a purchase agreement on individually agreed terms.
- All presentation of the goods in the catalogue of the Online Shop is for information purposes only and the Seller is not obliged to conclude a purchase agreement in respect of these goods.
- Information on the costs associated with the packaging and delivery of the goods is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online shop is valid only in cases where the goods are delivered within the territory of the Czech and Slovak Republics.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless the Seller and the Buyer agree otherwise.
Order and Conclusion of the Purchase Agreement
- Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.
- The Buyer shall order the goods in the following ways:
- through the Buyer's customer account, if the Buyer has previously completed the registration in the Online Shop,
- by completing the order form without registration.
- When placing an order, the Buyer shall select the goods, the number of pieces of the goods, and the method of payment and delivery.
- Before sending the order, the Buyer is allowed to check and change the data the Buyer has entered in the order. The Buyer shall send the order to the Seller by clicking on the "Finish order” button. The information provided in the order shall be deemed correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that the Buyer has become familiar with these GBTC.
- Immediately upon receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation shall be considered to be a conclusion of the agreement. The confirmation shall be accompanied by the Seller's current GBTC. The purchase agreement shall be concluded upon the confirmation of the order by the Seller to the Buyer's email address.
- In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller shall send an amended offer to the Buyer's email address. The amended offer shall be considered to be a new proposal of the purchase agreement and in such case the purchase agreement shall be concluded by the Buyer's confirmation of acceptance of this offer sent to the Seller's email address specified in these GBTC.
- All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer receives the notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the telephone number or by sending an email to the Seller's email address specified in these GBTC.
- In the event that there has been an apparent technical error on the part of the Seller in the price of the goods in the Online Shop, or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at the apparently incorrect price. The Seller shall inform the Buyer of the error without any undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be considered to be a new proposal of the purchase agreement and in such case the purchase agreement shall be concluded by the Buyer's confirmation of acceptance of this offer sent to the Seller's email address.
- Based on the Buyer's registration in the Online Shop, the Buyer can access the Buyer's customer account. From this customer account, the Buyer can order goods. The Buyer can also order goods without registration.
- When registering for a customer account and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information stated in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods shall be considered correct by the Seller.
- Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access the Buyer's customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, especially if the Buyer no longer uses it or if the Buyer violates the Buyer's obligations under the purchase agreement and these GBTC.
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
Payment Terms and Delivery of the Goods
- The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
- cashless payment by credit card, Apple Pay or Google Pay
- cashless payment to the Seller's account through the payment gateway of GoPay s.r.o.,
- Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
- In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within three days of the conclusion of the purchase agreement.
- In the case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
- In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
- The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not a deposit.
- In accordance with the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator online, and in case of technical failure within 48 hours at the latest.
- The goods are delivered to the Buyer:
- to the address specified by the Buyer in the order
- through a delivery office to the address of the delivery office specified by the Buyer.
- The choice of the delivery method is made during the ordering process.
- The delivery costs of the goods depending on the method of shipment and receipt of the goods are specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.
- If the Seller is obliged under the purchase agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
- On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of finding any damage to the packaging indicating unauthorized intrusion into the shipment, the Buyer is not required to accept the shipment from the carrier.
- The Seller shall issue a tax document - invoice to the Buyer. The tax document shall be attached to the goods delivered.
Withdrawal from the Purchase Agreement
- A Buyer who has concluded a purchase agreement outside his/her business activity as a consumer has the right to withdraw from the purchase agreement.
- According to the law, the withdrawal period is 14 days; on the donlemme.com e-shop it is extended to 30 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, if the subject of the agreement is several types of goods or the delivery of several parts
- from the date of receipt of the first delivery of the goods if the subject of the agreement is a recurring delivery of goods.
- The Buyer may not, apart from other reasons, withdraw from the purchase agreement:
- for the provision of services, if they have been provided with the Buyer's prior express consent prior to the expiry of the withdrawal period and the Seller had informed the Buyer prior to the conclusion of the purchase agreement that in such a case the Buyer has no right to withdraw from the agreement,
- for the delivery of goods or services the price of which depends on financial market fluctuations independent of the Seller's will and which may occur during the withdrawal period,
- for the delivery of alcoholic beverages which may be delivered after the expiry of the 30-day period and the price of which depends on financial market fluctuations independent of the Seller's will,
- for the delivery of goods which have been adapted to the Buyer's wishes or for the Buyer,
- for the delivery of perishable goods and goods which have been irretrievably mixed with other goods after the delivery,
- for the delivery of goods in sealed packaging which have been removed from the packaging by the Buyer and cannot be returned for hygienic reasons,
- for the delivery of an audio or visual recording or a computer program if the original packaging has been damaged,
- for the delivery of newspapers, periodicals, or magazines,
- for the supply of digital content, if it has not been supplied on a physical medium and was supplied with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the agreement that in such a case the Buyer has no right of withdrawal,
- in other cases stipulated in Section 1837 of the Civil Code.
- To meet the withdrawal period, the Buyer must send a withdrawal notice within the purchase agreement withdrawal period.
- To withdraw from the purchase agreement, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal notice to the email address of the Seller or by mail to the address: Get Fashion s.r.o. U Továren 256/14 Praha 102 00. The Seller shall confirm receiving the form to the Buyer without any delay.
- The Buyer who has withdrawn from the agreement is obliged to return the goods to the Seller within 14 days of the withdrawal from the agreement. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal means due to their nature.
- If the Buyer withdraws from the agreement, the Seller shall refund to the Buyer all the funds received from the Buyer, including the delivery costs, without any delay, but no later than 14 days after the withdrawal, using the same payment method. The Seller shall return the funds received to the Buyer by other payment methods only if the Buyer agrees to such an arrangement and if no additional costs are incurred by the Buyer as a result.
- If the Buyer has chosen other than the cheapest method of delivery offered by the Seller, the Seller shall refund the Buyer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
- If the Buyer withdraws from the purchase agreement, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.
- The Buyer must return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
- The Seller is entitled to withdraw from the purchase agreement due to running out of stock, unavailability of the goods, or if the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The Seller shall immediately inform the Buyer using the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer based on the purchase agreement within 14 days of the withdrawal notice by the same payment method, or by the method specified by the Buyer.
Rights from Defective Performance
- The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepts the goods:
- the goods have the characteristics agreed between the parties and, in the absence of any agreement, have the characteristics described by the Seller or the manufacturer or which the Buyer expected taking into account the nature of the goods and based on the advertising carried out by them,
- the goods are fit for the purpose for which the Seller states they are to be used or for which goods of such type are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- the goods are in the appropriate quantity, extent, or weight; and
- the goods comply with the requirements of the legislation.
- If a defect appears within six months of the receipt of the goods by the Buyer, the goods shall be deemed to have been defective already upon receipt. The Buyer shall be entitled to claim the right arising from a defect occurring in the goods within 24 months of the receipt of the goods. This provision does not apply in the case of goods sold at a lower price - for the defect for which the lower price was agreed, for the wear and tear of the goods caused by their normal use, in the case of second-hand goods - for the defect corresponding to the degree of use or wear and tear that the goods already had at the time of their receipt by the Buyer, or if it follows from the nature of the goods.
- In the event of the occurrence of a defect, the Buyer may submit a complaint to the Seller and demand:
- exchange for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdrawal from the agreement.
- The Buyer has the right to withdraw from the agreement,
- if the goods have a material defect,
- if the Buyer cannot use the goods properly because of the recurrence of the defect or defects after repair,
- in the case of multiple defects in the goods.
- The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted, possibly also at the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer, stating when the Buyer exercised the right, what is the content of the complaint, and what method of the complaint settlement the Buyer requires, as well as a confirmation of the date and method of the complaint settlement, including a confirmation of the repair and its duration, or a written justification of the rejection of the complaint.
- The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect, appropriate to the type of the product or service. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of the agreement and the Buyer shall have the right to withdraw from the purchase agreement in such a case. The moment of making the complaint is considered to be the moment when the Buyer's expression of will (exercising the right from defective performance) reaches the Seller.
- The Seller shall inform the Buyer in writing of the outcome of the complaint.
- The Buyer shall not be entitled to the right from defective performance if the Buyer knew before taking over the item that the item has a defect or if the defect was caused by the Buyer.
- In the case of a justified complaint, the Buyer shall be entitled to compensation for reasonable costs incurred in connection with the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
- The manner of the complaint shall be at the Buyer's choice.
- The rights and obligations of the contracting parties with regard to rights from defective performance are governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Sb., on Consumer Protection.
Delivery of Correspondence
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver any correspondence to the Seller to the email address specified in these GBTC. The Seller shall deliver any correspondence to the Buyer to the email address provided in the Buyer's customer account or order.
Out-of-court Resolution of Disputes
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Reg. No. (IČ): 000 20 869, internet address: https://adr.coi.cz/cs, is the competent authority for the out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the purchase agreement.
- The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21st May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Dxirective 2009/22/EC (Regulation on online dispute resolution of consumer disputes).
- The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade authority. Among other things, the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.
- All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller shall not be liable for errors resulting from third party interventions in the Online Shop or as a result of its use contrary to its purpose. When using the Online Shop, the Buyer shall not use any procedures that could have a negative impact on its operation and shall not perform any activity that could enable the Buyer or third parties to interfere with or make unauthorised use of the software or other components forming the Online Shop and use the Online Shop or its parts or software in a manner that would be contrary to its purpose or intent.
- The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The purchase agreement including the GBTC is archived by the Seller in electronic form and is not accessible.
- The Seller may change or supplement the wording of the GBTC. This provision is without prejudice to the rights and obligations arising during the validity of the previous version of the GBTC.
- A sample withdrawal form is attached to the GBTC.
These GBTC come into force on 1st September 2018