TERMS AND CONDITIONS
FOR SALE OF GOODS THROUGH ON-LINE AT TRADE PLACED AT THE ADDRESS WWW.NILA.CZ
These business conditions regulate the mutual rights and obligations between the company NILA living s.r.o. with its registered seat at Finská 5, Prague 10, Czech Republic, postcode 10100, ID: 241 33 817, VAT: CZ24133817, registered in the Commercial Register at the Municipal Court in Prague, Section C, file 181681 (hereinafter referred to as "Nila" or "we" ) as the operator of the ecommerce site at the internet address www.nila.cz through its website interface (hereinafter referred to as "webstore Nila" and "website") and the seller of Goods offered in the webstore Nila and you, as a natural or legal person (hereinafter "you") in connection with the use of webstore Nila and concluding contracts for the purchase of Goods offered by us on the web interface (hereinafter referred to as "Goods") and other related legal relations. All our contact information can be found in the section "Contacts" on the web interface (hereinafter referred to as "Nila Contacts"). This section is part of these terms and conditions. If you are a natural or legal person who buys Goods as a consumer, for purposes other than for business and not in the course of his business or as an independent professional (the "Buyer - Consumer"), then the provisions of Law No. 40/1964 Coll. Civil Code, particularly § 51a et seq. on consumer contracts and § 612 et seq. the sale of Goods in the store apply for the relationship between us and you. The provisions hereof shall not affect your legal protection enshrined there. If you are a natural or legal person who is an entrepreneur within the meaning of § 2, paragraph 2 of Act No. 513/1991 Coll. Commercial Code (the "Commercial Code"), which buys Goods for business purposes or as part of its business (the "Buyer - Entrepreneur"), then provisions of the Commercial Code apply for the relationship between us and you. The rights and obligations established between you and us shall be governed by Czech law. If the legal relationship established with the use of webstore Nila or legal relationship of the purchase agreement includes an international (foreign) element, then this relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations. The text of these terms and conditions may change or be supplemented. This provision shall not affect rights and obligations arising after the effective period of the previous version of business conditions. You agree to use the means of distance communication in the contract between us and you. Expenses you incurred in connection with entering into a contract with us (e.g. cost of internet access, telephone costs) you will pay for you yourself. You acknowledge that the purchase contract entered into in connection with the use of Internet commerce, including business conditions Nila we are archived in electronic format and are not accessible.
1. YOUR USER ACCOUNT
Based on your registration with webstore Nila you can access your user interface. From your user interface, you can order Goods (hereinafter referred to as "User Account"). Your registration is not mandatory. Orders in the webstore Nila can be performed with or without registration, directly from the website. The information you provide in the user account when ordering we consider to be correct. When you register on the web interface you are obliged to correctly and truthfully provide all data and update any changes. Access to your user account is secured with a username and password. You are required to confidentiality maintain the information necessary to access your user account and acknowledge that in the event of a breach of your obligations we assume no liability. You may not permit third parties the use of your user account. Your user account can be cancelled at any time, especially if your user account is not used for more than one year, or if you breach or violate your obligations to us, including the obligations set out in these terms and conditions. Please note that your user account may not be available continuously, especially with regard to the necessary maintenance of our hardware and software, or necessary maintenance of hardware and software by third parties.
2. OUR PRODUCTS AND PRICES
The Goods have the character of originals and are made by hand. For this reason, we cannot guarantee an exact match of colour, size and appearance to the Goods be displayed in the webstore Nila. The images in the webstore Nila must be regarded as illustrative. The selection of Goods and Goods prices are listed on the website. The Product Price is listed as the retail price including value added tax and all related charges. Cash on Delivery is paid for separately. If you are the Buyer - Entrepreneur and wish us to make an offer to sell Goods at wholesale prices without value added tax and on a wholesale basis, please send us an email request to the address given in Contacts Nila. This is does not oblige you to submit such an offer. The offer for sale Goods is in force for as long as it is displayed on the website. All prices are valid for Goods displayed on the website, until further notice or while supplies last. If the Goods have already closed on the purchase agreement, the purchase price at which the goods were ordered. All offers for sale of Goods placed on the website of the webshop are non-binding and we are not obliged with respect to these Goods to conclude a Purchase Contract. This provision is not limited by our ability to conclude a Purchase Contract on individually negotiated terms. The website provides trade information on the costs associated with packaging and delivery of the Goods.
3. YOUR ORDER
To place an order for Goods in accordance with your selection send us a completed order form in the website interface. The Order form (the "Order") contains the following information:
1) the ordered Goods (i.e. Goods you entered into the ecommerce shopping cart on the website interface);
2) the manner of payment of the purchase price (i.e. your chosen payment method);
3) the desired method of delivery of Goods, and
4) information on the costs associated with delivery.
Send us an order by pressing the "Order" button on the website interface. Upon sending the Order you make a binding purchase contract proposal for the Goods from the webstore Nila indicated in the Order (the "Goods") and certify that you are familiar with these business conditions. Your order is valid only in the case of fully completing of all the details in the order form. Your Order cannot be canceled after it is sent and its contents can be changed only by agreement with us. If you wish to change the contents of the Order, please contact us immediately by e-mail to the address listed in Contacts Nila. We are always entitled to ask you for additional confirmation of the contents of the order.
4. PURCHASE AGREEMENT
The purchase contract for the Goods is concluded between you and us upon receiving the Order receipt (acceptance) sent electronically to your e-mail address provided in the Order or the user interface. These conditions are an integral part of the purchase contract. Any diverging arrangements in the purchase contract take precedence over the provisions of these terms and conditions. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech and English language. Please note that we are not obliged to enter into a purchase contract with you, especially if you have previously violated a substantial purchase contract entered into with us. By concluding the purchase contract we are committed to provide you with the Goods and declare that the Goods are in compliance with the standards and valid regulations of the Czech Republic. We further commit ourselves to communicate with you by e-mail regarding received Orders, their handover for personal collection or transport, and receipt of the purchase price of the Goods, and will inform you in cases of possible non-fulfillment of delivery times. In the event that after the conclusion of the purchase contract a situation arises where it becomes objectively impossible to deliver the Goods, we will inform you without delay and within 10 working days will return the purchase price paid for the Goods.
5. DISCOUNT COUPON DISCOUNTS
In the webshop Nila, permanently or temporarily, we offer different types of discounts, coupons and loyalty benefits (the "Discount Coupon"). The term Discount Coupon on the website interface is an integral part of these terms and conditions. In the case that you apply the discount coupon in violation of these conditions, we have the right to refuse to use discount coupon. We will inform you of the rejection and enable you to buy Goods without applying the discount coupon. Individual Discount coupons cannot be combined.
6. PAYMENT METHODS
You acquire ownership of the Goods by paying the full purchase price. For payment of the purchase price for the Goods you can use the following payment methods:
1) Cash payment on delivery, i.e. a cash payment on delivery from the carrier at the place designated by you in the Order;
2) Payment cashless bank transfer to our account listed in the order receipt confirmation.
Together with the purchase price you will pay the postage and packing costs related to the delivery of Goods in the agreed amount. Unless stated otherwise, the purchase price as well as costs associated with delivery of the Goods. You cannot combine payment methods in a single order. In case of payment on delivery, the purchase price is payable on delivery. In the case of non-cash payments by bank transfer the purchase price is payable within 3 days from conclusion of the purchase contract and the Goods are handed over or transported once the full purchase price payment is credited (without deduction of bank charges or other transfer fees) to our bank account. When entering a payment, please state the variable symbol. Upon receipt of payment we will inform you by e-mail or telephone. All necessary information for payment to our bank account are included in the order form and will also be sent to your e-mail address specified in the Order. Regardless of your chosen payment method, we are always entitled to demand payment of the full purchase price before shipping the goods. This applies, for example, in the case that from your side there is no additional confirmation of the contents of orders in accordance with Article 3 of these terms and conditions.
7. DELIVERY OF GOODS [VIA CARRIER]
If you wish us to deliver the Goods by carrier we will handover the goods for transportation within the time span stated on the store website. In the case of an order after 12:00 on Friday, or the day preceding a public holiday, we shall handover the goods for transportation within 24 hours from 9:00 am on the closest following business day. Where a later delivery date is required [than the one listed on the Product detail card] for the offered goods, specify the requirement in the Order. If you require a later delivery date than you were notified of in the Order confirmation, you must notify us at the latest by the next working day after receipt of the order confirmation. If you do not, you are responsible to us for any losses incurred by failure to take over, or failure to deliver the goods, within the specified or agreed delivery term. We are not responsible for losses incurred by delay in shipment caused by the carrier. In accordance with your choice in the Order the Goods will be sent by Czech Post or via the courier company according to conditions stated on the Product detail card on the website.
8. TAKEOVER OF GOODS
Upon receipt of the goods it is your responsibility to check the condition of the shipments, such as damage to the boxes, tape, etc. You have the right to refuse to accept incomplete or damaged shipments. Damaged shipments do not include normally dented box corners or bending of the package, which apparently originated in transportation and most likely does not affect the condition of the handed over Goods. Notify us immediately in the case of an incomplete or damaged shipment, write up a damage protocol with the carrier and provide it to us, at the latest within 24 hours electronically in pdf format. If you confirmed the receipt of the consignment through signature of the carriers documents, the additional claims were incomplete or damaged items cannot be disregarded. If you do not take the goods on delivery, we may charge a fee for storage of 50 CZK/per day and we have the right to withdraw from the purchase contract. In the event that for reasons on your side the delivery of the goods must be repeated or by a different method than stated in the Order, you are liable to pay us for the additional costs incurred.
9. WITHDRAWAL FROM THE PURCHASE CONTRACT
If you are a Buyer - Consumer, you have the possibility without stating any reason and without any penalty, to withdraw from the contract within 14 days of receipt of the Goods, if the Product card does not state otherwise, 20 days e.g. Your message to withdraw from the contract must be delivered to us in within this period; you can send it to our office address or email address listed in Contacts Nila. Withdrawal from the purchase contract cancels the purchase contract from the beginning. In case of cancellation of the purchase agreement, we are each obliged to return the received consideration. However, if we have to return to you the full purchase price, the Goods must be returned in original condition, must not be used, worn or damaged in any way, with all the labels attached to the Goods and, if possible, in the original packaging. Goods are to be sent together with the notification of withdrawal, and delivered no later than 10 days from your withdrawal from the contract. Goods cannot be returned by cash on delivery, we are not able to accept any such returned Goods and the Goods will be sent back at your expense. Within 15 days of returning the Goods we will review the returned Goods, in particular to determine whether the returned Goods are returned undamaged and unused. Then within 10 days of this review, but no later than 30 days after you deliver the contract withdrawal notification, we will refund the purchase price, in accordance with the procedure referred to in Article 13. Please note that if the returned Goods are damaged or worn, a claim is created for us for damages or alternative financial settlement, which we are entitled to unilaterally offset against the entitlement for a refund of the purchase price. For example, this means that in the case of damaged Goods the full purchase price will not be refunded. If you have been given a gift along with the Goods, the gift agreement between you and us is concluded with an expiry condition that in event of withdrawal from the contract, the Buyer - Consumer the validity of the gift contract shall be forfeited and you must return the Goods together with the gift provided.
10. WARRANTY CLAIMS
If you are a Buyer - Consumer, we are responsible to you for defects with the Goods upon your takeover and which occur after takeover of the Goods during the warranty period and for compliance of the Goods with the purchase contract, i.e. that the quality and properties of the Goods listed on the webshop interface corresponds to the legislation and the purpose stated on the webshop interface. For Goods sold at a reduced price we are not responsible for the defect, for which this reduced price was offered. The warranty period is two years commencing on the date of your receipt of Goods. In the case of a defect that can be removed, you have the right to free, timely and proper removal and we are obliged without undue delay to remedy the deficiency. If you have used the Goods, instead of removal of the defects you can instead request a replacement product, or in cases where a defect is only part of the product, the exchange of components. We are always entitled to replace the product for a faultless one instead of repairing it. If it is a defect which cannot be removed, which prevents the Goods being normally used as if there was no defect, you have the right to exchange the product or withdraw from the purchase contract. You have the same right if the defects can be corrected, but you cannot properly use the Goods due to the re-occurrence of the defects or due to multiple defects. Your rights for the liability for defects covered by the warranty will expire if not exercised by you during the warranty period. The period of your legal entitlement for liability for defects, up until you have the obligation to take-over the object after repair, does not count towards the warranty period. In the case of exchange, the warranty period begins to run again from the take-over of the new products. We will decide on your complaint immediately and, in complex cases, within 3 days. We will resolve accepted complaints without undue delay and, unless we agree otherwise, within 30 days following the day you have made the complaint at the latest.
After expiry of this period, the defect is considered ineradicable. If you are a Buyer - Entrepreneur, the warranty claims are governed by the conditions stated in the wholesale quotation and the Commercial Code. Where possible the claimed Goods must be in their original packaging with all accessories, along with proof of purchase or warranty. Claimed Goods should be sent to the office address indicated in Contacts Nila, along with the completed Warranty Claim Form, which you will find at the back side of your Invoice. Completing this form will allow us to speed up the Goods claims process as much as possible. Please provide a detailed description of the reason for Claim return. Please also indicate on the form your order number. Goods cannot be claimed by cash on delivery, we cannot accept any such claimed Goods and the Goods will be returned at your expense.
11. PROCEDURE FOR REFUND
The purchase price for returned or defective Goods will be returned corresponding to your choice of payment methods.
1) In the event that payment was made by cash on delivery, you will be refunded the money by money order or bank transfer to the account referred to in the Form.
2) In the event that the purchase was made by bank transfer in advance, the money returned will be transferred back to your bank account or account stated.
12. USE OF WEB INTERFACE
You acknowledge that software and other content of the webshop (including photographs of the Goods offered) are protected by copyright. You undertake not to engage in any activity that could or will allow third parties to interfere unduly or improperly with the use of the software or other content of the webshop. You are not authorized to / and able to use the on the webshop scripts, software or other actions that could adversely affect the operation of the webshop. The webshop can be used only to the extent that it is not to the detriment of the rights of other users and that is consistent with its purpose. We are not bound in our relationship with you by codes of conduct within the meaning of § 53a paragraph 1 of the Civil Code and we are not responsible for the consequences of errors arising from interference with the website by third parties or consequences resulting from using the website in ways it was not intended for.
13. PRIVACY AND SENDING OF BUSINESS COMMUNICATION
Your privacy - if you are an individual - is governed by Act No. 101/2000 Coll. on Personal Data Protection, as amended. By accepting these terms and conditions you consent to the processing of the following personal data: name, address, identification number, tax identification number, email address, telephone number and [.] (Hereinafter referred to as "Personal Data") and our processing of personal data , for the purpose of implementing the rights and obligations under the purchase contract for the purpose of maintaining a user account and for the purpose of sending you information and commercial messages. You acknowledge that you are obligated / obliged to state your personal data (when registering, in your user account when ordering from the webshop) correctly and truthfully and to notify us without undue delay of a change in your personal data. We are entitled to entrust a third party vendor for the processing of personal data. With the exception of persons transporting the Goods will not provide personal information to third parties, without the prior consent of the buyer. Personal data will be processed for an indefinite period in an electronic or similar automated way, or in printed form non-automated manner. You acknowledge that the personal data provided is accurate and that you were informed that providing Personal Data is voluntary. In the event that it is thought by you that we, or processor is conducting the processing of your personal information in a manner that is inconsistent with the protection of your private life or in conflict with the law, especially if the personal data are inconsistent with the purpose of their processing you can request us or the processor for an explanation or request that we or the rectify the situation. In particular, it is possible to take action to block, correct, supplement or delete the personal data. If the buyer's request under the preceding sentence is found to be justified, we will or the processor will remove the defective situation without delay. If we or the processor fail to comply, you have the right to appeal directly to the Office for Personal Data Protection. This provision shall not affect your right to contact the Office for Personal Data Protection directly. If you ask us for information about the processing of your personal data, we will pass this information on to you. For providing information under the preceding sentence we have the right to demand reasonable compensation not exceeding the cost of providing the necessary information. You agree to receive information relating to our Goods, services or company on your email address and you consent to us sending commercial messages to your email address.
In Prague, on 7th March 2012