1. These terms and conditions (hereinafter referred to as “terms and conditions”) are issued pursuant to § 1751 et seq. Act no. 89/2012 Coll. Civil Code (hereinafter referred to as the “Civil Code”)
Name and surname: Mikhail Korobeinikov
Company ID: 87843404
VAT ID: CZ8603094291
with registered office: Oblouková 943/38, 101 00 Praha 10
entered in the trade register, Office of the City District of Prague 7
(Hereinafter referred to as the “Seller“)
2. These terms and conditions govern the mutual rights and obligations of the Seller and the natural person who enters into a purchase contract outside its business as a consumer or within its business (hereinafter referred to as the “Buyer“) through a web interface located on a website available on the internet address www.majoranka.com (hereinafter referred to as the “online store“).
3. The provisions of the business conditions are an integral part of the purchase contract. Different agreements in the purchase contract take precedence over the provisions of these terms and conditions.
4. These business conditions and the purchase contract are concluded in the Czech, English and Slovak language.
Information About Goods and Prices
1.Information about the goods, including the price of individual goods and their main characteristics are given for individual products in the online store catalog. The prices of the goods are valid for the period of display in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
2. The overall presentation in the online store catalog is of an informative nature and the Seller is not obliged to enter into a purchase contract for the goods.
3. Information on the costs associated with the packaging and delivery of goods is published in the online store.
4. Any discounts from 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 Contract
1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the basic rate.
2. The Buyer orders the goods in the following ways:
-through his/her customer account after registering in the online store,
-by filling out the order form without registration.
3. When placing an order, the Buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the Buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the seller by clicking on the “PLACE ORDER” button. The data provided in the order are considered correct by the Seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the Buyer that he has read these terms and conditions.
5. After receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered as the conclusion of the contract. Attached to the confirmation are the current business conditions of the Seller. The purchase contract is concluded by confirming the order by the Seller to the email address of the Buyer.
6. In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller will send the amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by the Buyer’s confirmation of acceptance of this offer to the email address of the Seller, which is stated in these terms and conditions.
7. All orders accepted by the Seller are binding. The Buyer can cancel the order until the Buyer receives a notification of receipt of the order by the Seller. The Buyer may cancel the order by telephone to the telephone number or email of the Seller, both of which are stated in these terms and conditions.
8. In the event that there is an obvious technical error on the part of the Seller when stating the price of the goods in the online store or during the order, the Seller is not obliged to deliver the product to the Buyer for this obviously incorrect price. The Beller immediately informs the Buyer of the error and sends the amended offer to the Buyer to his email address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by a confirmation of receipt of the Buyer to the email address of the Seller.
1. Based on the Buyer’s registration made in the online store, the Buyer can access his/her customer account. The Buyer can order products from his/her customer account. The Buyer can also order products without registration.
2. When registering in the customer’s account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the Buyer in the customer’s account and when ordering products are considered correct by the Seller.
3. Access to the customer’s account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information needed to access his/her customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow the use of the customer account to third parties.
5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for a long time, or if the Buyer violates his/her obligations under the purchase agreement and these terms and conditions.
6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or the necessary maintenance of hardware and software equipment of third parties.
Payment Terms and Delivery of Goods
1. The price of the goods and any costs associated with the delivery of goods under the purchase contract may be paid by the buyer in the following ways:
- cashless transfer to the bank account of the seller no. 247923907 / 0300 kept at ČSOB,
- in cash at personal pick up at the studio.
2. Together with the purchase price, the Buyer is obliged to reimburse the Seller the costs associated with the packaging and delivery of goods in the contractual amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of the goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.
4. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the bank account of the Seller.
5. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not a deposit.
6. The goods are delivered to the buyer:
-to the address specified by the Buyer in the order form;
-personal pick up at the Seller´s studio.
7. The choice of delivery method is made during the ordering of goods.
8. The costs of delivery of goods depending on the method of sending and taking over the goods are specified in the Buyer’s order and in the order confirmation by the Seller. If the mode of transport is agreed 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.
9. 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. In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in another way, as stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with another method of delivery.
10. When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In the event of a damage of the packaging indicating unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier.
11. The Seller will issue a tax document – invoice to the buyer. The tax document is attached to the delivered goods.
12. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for any loss, damage or destruction of the goods passes to the Buyer at the time of receipt of the goods or the moment when the Buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
Withdrawal from the Contract
1. A Buyer who has concluded a purchase contract outside his/her business as a consumer has the right to withdraw from the purchase contract.
2. The period for withdrawal from the contract is 14 days
- from the day of taking over the goods,
- from the day of taking over the last delivery of goods if the subject of the contract is several types of goods or delivery of several parts,
- from the day of taking over the first delivery of goods if the subject of the contract is regular repeated delivery.
3. The Buyer may not, inter alia, withdraw from the purchase contract:
-on the provision of services, if they were fulfilled with his/her prior express consent before the expiry of the period for withdrawal from the contract and the Seller informed the Buyer before concluding the contract that in such a case he/she has no right to withdraw from the contract,
-on the supply of goods which have been modified at the request of the Buyer or for his/her person, custom-made goods or goods intended specifically for one Buyer
-in other cases specified in § 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the Buyer must send a withdrawal statement within the withdrawal period.
5. To withdraw from the purchase contract, the Buyer can use the sample form (click here to download the withdrawal form) to withdraw from the contract provided by the Seller. Withdrawal from the purchase contract will be sent by the Buyer to the email or delivery address of the Seller specified in these terms and conditions. The Seller will immediately confirm the receipt of the form to the Buyer.
6. The Buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The Buyer pays the cost of returning the goods, even if the goods can not be returned due to their characteristics by regular mail.
7. If the Buyer withdraws from the contract, the Seller shall return to him/her all funds, including delivery costs, received by him/her in the same manner without delay, but no later than within 14 days of withdrawal. The Seller shall refund the money received to the Buyer in another way only if the Buyer agrees with it and does not incur additional costs.
8. If the Buyer has chosen a method other than the cheapest method of delivery of goods offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of goods in the amount corresponding to the cheapest method of delivery of goods offered.
9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer hands over the goods or proves that the goods have been sent to the Seller.
10. The goods must be returned by the Buyer to the Seller undamaged, not worn and clean and, if possible, in the original packaging.The Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods, against the Buyer’s right to a refund of the purchase price.
11. The Seller is entitled to withdraw from the purchase contract due to the sold out stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the email address specified in the order and within 14 days of notification of withdrawal from the purchase contract return all funds, including delivery costs received from the Buyer under the contract, in the same way or in the manner specified by the Buyer.
Defective Performance Rights
1. The Seller guarantees to the Buyer that the goods are free of defects upon receipt. The Seller guarantees to the Buyer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the Seller, having regard to the nature of the goods and the advertisement made by the Seller,
- the goods are fit for the purpose stated by the Seller or for which these types of goods are typically used,
- the goods agree to the quality or design of the agreed sample or model if the quality or design has been determined according to the agreed sample or model,
- the goods are in the agreed quantity, size, material and weight, and
- the goods comply with the requirements of legal regulations.
2. If the defect becomes apparent within six months of receipt of the goods by the Buyer, the goods shall be deemed to have been defective at the time of receipt. The Buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear and tear of the goods caused by their normal use, to second-hand goods for a defect corresponding to the degree of use or wear the goods had when taken over by the Buyer, or by the nature of the goods.
3. In the event of a defect, the Buyer may make a claim to the Seller and request:
–if it is a defect that can be rectified:
-free removal of defect goods,
-exchange of goods for new goods,
–in the case of a defect which cannot be rectified:
-reasonable discount from the purchase price,
-withdraw from the contract.
4. The Buyer has the right to withdraw from the contract,
-if the goods have a defect which cannot be rectified and which prevents the thing from being properly used as a thing without defects,
-if the goods cannot be used properly due to the recurrence of the defect or defects after repair,
-if the consumer cannot use the goods properly due to a large number of defects in the goods.
5. The Seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible, or in the registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification of rejection of the complaint.
6. The Seller or an employee authorized by him/her shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiration of this period in vain is considered a substantial breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the Buyer’s manifestation (exercise of the right from defective performance) occurs to the Seller.
7. The Seller informs the Buyer in writing about the result of the complaint.
8.The Buyer does not have the right to the defective performance if the Buyer knew before the takeover of the thing that the thing had a defect, or if the Buyer himself caused the defect.
9.In the case of a justified claim, the Buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the warranty period has expired.
10. The Buyer has the choice of way of claiming.
11.The rights and obligations of the contracting parties in respect of rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the email address stated in his customer account or order.
Out-of-court Settlement of Disputes
1. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague. 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
3. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection.
1.All arrangements 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, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
2.In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
3.All rights to the Seller’s website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the Seller.
4. The Seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the Buyer may not use procedures that could adversely affect its operation and must not perform any activity that could allow him or third parties to interfere or misuse the software or other components that make up the online store and use the online store, or its parts or software in a way that would be contrary to its use or purpose.
5. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
6.The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The Seller may change or supplement the text of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
8. A specimen withdrawal form is attached to the Terms and Conditions.
These business terms come into effect on 24.1.2019.