Business terms and conditions

  1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase agreement (hereinafter referred to as the "purchase agreement") concluded between Mgr. Janou Farková, IČ 119 69 075, with registered office in Plzeň, Východní Předměstí, Brojova 2065/35, ZIP Code 326 00, operator of the website www.chapitostudio.cz (hereinafter also referred to as "Chapito studio") as the seller on one side (hereinafter referred to as "seller") and the buyer on the other side (hereinafter referred to as "buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.chapitostudio.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

1.2. The buyer is a consumer or entrepreneur

1.2.1. A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, concludes a contract with an entrepreneur or deals with him in any other way (hereinafter also referred to as "consumer").

1.2.2. An entrepreneur is a person who independently performs a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently in order to achieve profit. For the purposes of consumer protection, any person who concludes contracts related to their own business, production or similar activity or in the independent exercise of their profession, or a person who acts on behalf of or on behalf of an entrepreneur is considered an entrepreneur, among other things. For the purposes of the terms and conditions, an entrepreneur is a person who acts in accordance with the previous sentence as part of his business activity. If the buyer states his identification number in the order, he acknowledges that the rules specified in the business conditions for entrepreneurs (hereinafter also referred to as "entrepreneur") apply to him.

1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity and effectiveness of the previous version of the terms and conditions.

  1. CONCLUSION OF THE PURCHASE AGREEMENT

2.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

2.2. The store's web interface contains labeling and basic information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related taxes and fees, with the exception of the costs associated with packaging and delivery of the goods. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

2.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

2.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

2.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),

2.4.2. by the buyer (name, surname, delivery address, telephone number, e-mail address, possibly business name, identification number and tax identification number, if the billing address is different from the delivery address, indication of the billing address),

2.4.3. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

2.4.4. information about costs associated with the delivery of goods

(hereinafter collectively referred to as the "order").

2.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Send order" button. The data given in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").

2.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

2.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

2.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself, while these costs do not differ from the basic rate (in the case of internet and telephone connections according to the terms and conditions of the buyer's operator ).

2.9. If the buyer chooses the option of personal collection in brick-and-mortar stores, he is obliged to pick up the order within 14 days after being informed that his order is ready for collection, otherwise the order will be cancelled.

  1. PRICE OF GOODS AND TERMS OF PAYMENT

3.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

  • in cash on delivery at the place specified by the buyer in the order.
  • by bank transfer
    the purchase price of the order can be paid by transfer from the buyer's account to the seller's account. The seller's account is listed on the invoice, along with other necessary data to make the payment by bank transfer.

3.2. Along with the purchase price of the goods, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with packaging and delivery of the goods.

3.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 3.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

3.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of payment by bank transfer, the purchase price is due within 3 days from the conclusion of the purchase contract, while in the case of payment by bank transfer, the goods are sent to the buyer only after payment of the purchase price.

3.5. In case of payment by bank transfer, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of payment by bank transfer, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

3.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 2.6 of the terms and conditions), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.

3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

3.8. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract.

3.8.1. In the case of cash on delivery, the tax document - invoice is delivered in paper form together with the delivered goods.

3.8.2. In the case of payment by bank transfer, the seller will issue the buyer a tax document - invoice, on which the necessary information for payment is given, immediately after the conclusion of the purchase contract - and send it in electronic form to the buyer's e-mail address.

3.9. The buyer acknowledges that in the case of making a purchase in EUR, the Seller sets a fixed exchange rate of 25 CZK = 1 EUR. This conversion rate can be unilaterally changed by the Seller in the event of a significant change in the exchange rate set by the CNB, by changing the terms and conditions.

  1. WITHDRAWAL FROM THE PURCHASE AGREEMENT

4.1. The consumer acknowledges that according to § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that was modified according to the wishes of the consumer or for his person, from a purchase contract for the supply of goods that are subject to perishable goods, as well as goods , which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and for hygienic reasons cannot be returned, and from the purchase contract for the supply of an audio or video recording or a computer program, if he violated their original packaging.

4.2. If it is not a case mentioned in Article 4.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the consumer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14 ) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract can be sent by the consumer to, among other things, the address of the seller's place of business or the seller's e-mail address info@chapitostudio.cz

4.3. In case of withdrawal from the purchase contract according to Article 4.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the consumer withdraws from the purchase contract, the consumer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

4.4. In the case of withdrawal from the contract according to Article 4.2 of the terms and conditions, the seller will return the funds received from the consumer within fourteen (14) days of the withdrawal from the purchase contract by the consumer, in the same way as the seller received them from the consumer. The seller is also entitled to return the performance provided by the consumer when the goods are returned by the consumer or in another way, if the consumer agrees and no additional costs are incurred by the consumer. If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer before the consumer returns the goods to him or proves that he has sent the goods to the seller.

4.5. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the consumer's claim for a refund of the purchase price.

4.6. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the consumer is concluded with the discontinuing condition that if the consumer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the consumer is obliged to return the goods to the seller together with gift given.

4.7. Until the buyer takes over the goods, 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 buyer without undue delay, without cash to the account designated by the buyer.

  1. TRANSPORTATION AND DELIVERY OF GOODS

5.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

5.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

5.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

5.5. The seller undertakes to send the goods to the buyer as soon as possible. The delivery period, if indicated on the goods, is only informative and is not binding for the seller. The seller reserves the right to a longer period of time needed to send the goods purchased by the buyer, especially during seasonal sales.

5.6. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

  1. RIGHTS FROM DEFECTIVE PERFORMANCE

6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

6.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

6.2.1. the goods have the properties that the parties have agreed upon, and in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

6.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,

6.2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

6.2.4. is the goods in the corresponding quantity, measure or weight and

6.2.5. the goods comply with the requirements of legal regulations.

6.3. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within the period specified by law, i.e. within twenty-four (24) months from receipt. If the period for which the item can be used is indicated on the item sold, on its packaging, in the instructions attached to the item or in accordance with other legal regulations, the legal provisions on the quality guarantee shall apply.

6.3.1. At this time, the buyer can file a claim and, at his option, demand for a defect that constitutes a material breach of the contract (regardless of whether the defect is removable or non-removable):

  • removing a defect by delivering a new item without a defect or by supplying a missing item;
  • free removal of the defect by repair;
  • a reasonable discount from the purchase price; or
  • refund of the purchase price on the basis of withdrawal from the contract.

A material breach of contract is one that the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach, in other cases it is considered that the breach is not material.

6.3.2 In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.

If a removable defect has occurred repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price, exchange of goods or withdraw from the contract .

6.4. The provisions set out in Articles 6.2 and 6.3 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by their usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had upon acceptance by the buyer, or if this results from the nature of the goods.

6.5. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.

6.6. Rights from defective performance are exercised by the buyer at the address of the seller's place of business, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.

6.7. The seller or an employee authorized by him will decide on the consumer's complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of goods required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. A complaint made by an entrepreneur is handled as soon as possible.

6.8. If the seller does not reject the claim, he will issue a written confirmation to the buyer of when the claim was made, what it contains, what method of handling the claim is required, to the e-mail address, in the case of a personal claim, it is forwarded immediately.

6.9. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.

6.10. The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.

  1. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods and taking delivery of the goods.

7.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

7.3. Out-of-court handling of consumer complaints is ensured by the seller via the electronic address info@chapitostudio.cz . The seller will send information about handling the consumer's complaint to the email address from which the consumer sent the complaint. In the event that an agreement cannot be reached between the seller and the consumer, the competent body for resolving disputes by out-of-court settlement is the Czech Trade Inspection ( https://www.adr.coi.cz .

7.4. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

7.5. By agreeing to the terms and conditions, the buyer assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

  1. PROTECTION OF PERSONAL DATA

8.1. The protection of personal data of the buyer who is a natural person is provided by Regulation of the EUROPEAN PARLIAMENT AND COUNCIL (EU) No. 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (general regulation on the protection of personal data).

8.2. The seller hereby acquaints the buyer with the GDPR Personal Data Processing document published on the website www.chapitostudio.cz .

8.3. The buyer acknowledges that he is obliged to enter his personal data (when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his personal data without undue delay.

  1. DELIVERY

9.1. The buyer can be delivered to the e-mail address specified in his user account or specified by the buyer in the order.

10. ADDITIONAL INFORMATION ABOUT GOODS

10.1 The products sold are from the area of ​​used textiles and accessories, manually transformed into original products. Each piece is an original made through so-called upcycling.

10. 2 The buyer acknowledges that the clothing sold on the website is made of fabric that has already been or could be used and may therefore show signs of use and minor wear. Before purchasing the goods, the buyer is obliged to check their condition according to the given photo and description.

10. 3 All the images shown on the website represent the one and only original piece of clothing.

10.4 All clothing sold is clean and washed.

11. FINAL PROVISIONS

11.1. Relations established by the purchase contract are always governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity and effectiveness of other provisions.

11.3. Contact details of the seller: Pilsen, Východní Předměstí, Brojova 2065/35, zip code 326 00, e-mail address info@chapitostudio.cz , telephone +420 728 791 989.

11.4. These terms and conditions are valid and effective from 3 June 2024 and cancel the previous version of the terms and conditions.