Terms & Conditions

 BASIC PROVISIONS

I.1. These Business Terms and Conditions regulate certain rights and obligations of the Buyer and the Seller in the event of concluding a purchase contract through the Internet shop operated at the website http://www.clotino.com.

I.2. The operator of the Internet shop and at the same time the Seller means the company Brdy Ventures s.r.o., IČ 05481601, with its registered office at Kurzova 2412/5, Stodůlky, 155 00 Prague 5, Czech Republic.

I.3. Buyer means the consumer or entrepreneur, as defined by effective legislation.

I.4. Purchase contract means a contract concluded through an Internet shop, the parties to which are the Seller and the Buyer and the subject of which is the Seller's obligation to hand over to the Buyer the goods which are the subject of the purchase and enable him to acquire ownership and the Buyer's obligation to take over .

I.5. These Business Conditions form an integral part of the content of the Purchase Agreement. In the event that there are two conflicting agreements - one in the Business Conditions and the other in another way of negotiating the content of the Purchase Agreement - the agreement in the Business Conditions shall not apply.

I.6. If the Seller and the Buyer agree on this, it is possible to enter into a Purchase Agreement, which will not include these Business Terms and Conditions, or any provision of these Business Terms and Conditions.

I.7. By concluding the Purchase Agreement, the Buyer accepts these Business Terms and Conditions in their current form as of the date of the agreement.

  1. INFORMATION
  2. 1. The buyer, who is a consumer, may file complaints with the state supervisory authority, which is the Czech Trade Inspection Authority established by Act No. 64/1986 Coll., On the Czech Trade Inspection Authority, as amended, with its registered office at Štěpánská 567/15, 120 00 Prague 2. The buyer can find information on this method of dispute resolution at the web address https://adr.coi.cz/.
  3. 2. Price information
  4. All listed prices are contractual, final and are presented in CZK, including all taxes (VAT, etc.) and fees (except for the costs of delivery of goods and packaging of goods), with the knowledge of Article III.5 .; In the event of an incorrectly stated price, the Seller shall proceed in accordance with Article III.7.
  5. The cost of delivery of goods shall be governed by the conditions set out in Article IV.
  6. In the event that the goods are packed in a special way, special costs will be charged for packing the goods. These costs are listed for the relevant goods in the Online Store.
  7. The final price which the Buyer is obliged to pay to the Seller consists of the price of the goods and the costs of delivery and packaging of the goods. The final price cannot be changed unilaterally by the Seller or the Buyer.
  8. 3. Information on accepted methods of payment

The Buyer may pay the Purchase Price to the Seller by cashless payment card through the GoPay payment gateway or by bank transfer.

  1. In the case of payment by cashless transfer to the Seller's bank account or cashless payment card through the GoPay payment gateway, the Buyer's obligation is fulfilled at the moment of crediting the relevant amount corresponding to the purchase price to the Seller's account.
  2. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of payment by cashless transfer to the bank account of the Seller, the purchase price is payable within 7 days of concluding the Purchase Agreement. Payment by cashless payment card through the GoPay payment gateway takes place with the sending of the offer to the Operator before its acceptance according to Article III.
  3. Discount coupon:
  • can be used only once;
  • cannot be exchanged for cash;
  • the gift voucher is valid only in the country where it was purchased;
  1. The value of the discount coupon is stated with VAT.
  2. 4. Information on delivery of goods
  3. The goods may be delivered as follows:
  • taking over the goods from the carrier,
  • personal collection at the Zásilkovna service establishment.
  1. The buyer acquires ownership of the goods by taking over the goods or paying the purchase price in full, whichever occurs later.
  2. In the case of delivery by taking over the goods from the carrier, the moment of transfer of the risk of damage to the goods is determined at the moment of delivery to the first carrier.

III. CONCLUSION OF THE PURCHASE AGREEMENT

III.1. The Purchase Agreement is concluded when the other party receives the acceptance of the proposal for the conclusion of the Purchase Agreement (offer).

III.2. Acceptance of an offer with any amendment or deviation does not constitute acceptance of the offer.

III.3. Confirmation of the content of the Purchase Agreement concluded in a form other than in writing, which shows deviations from the actually agreed content of the agreement, has no legal effects; the offer is also confirmed to the Buyer's e-mail address.

III.4. Acceptance of unsolicited performance by the Buyer does not mean acceptance of the offer.

III.5. Presentation of goods and information about it

  1. Proposals to deliver goods at a specified price in the Online Store do not constitute a proposal to conclude a Purchase Agreement (offer), ie the Seller has no will to conclude a Purchase Agreement for these goods simply by accepting such a proposal to deliver goods (sending the order) by the Buyer. The presentation of goods in the online store is therefore not an offer.
  2. The information provided in the Online Store concerning the price, properties, quality, design and quantity of goods forms a binding basis for the Buyer to make an offer, with the exception of the incorrectly stated price according to Article III.7.
  3. The Offer therefore means an order sent by the Buyer via the online order form; the condition of such a valid order is the true and complete completion of all required data and requisites specified in the order form, as well as acquaintance and agreement with these Business Conditions.

III.6. Contract conclusion procedure

  1. The Buyer shall place the order by filling in all required fields in the order form, acquainting himself with the text of these Business Conditions and agreeing with them, after which he will send the order to the Seller by clicking on "Buy".
  2. Until the order is sent, the Buyer may check and change the input data he has entered in the order.
  3. As soon as the Buyer executes the order (ie makes an offer), the Seller shall process it without delay and confirm to the Buyer electronically (to the e-mail address provided by him) its receipt. This confirmation is not an acceptance of the offer.
  4. The buyer may withdraw the offer until the moment the product is manufactured, without giving a reason to the e-mail address of the seller.
  5. Acceptance of the offer is a positive response, which the Seller sends to the Buyer electronically (to the specified e-mail address) after processing and confirming the order.
  6. The Seller may not make additions or deviations from the content of the order upon acceptance of the offer, except in the case of an incorrectly stated price and the case where the said goods are no longer offered by the Seller.
  7. At the moment of delivery of the acceptance of the offer to the Buyer, the Purchase Agreement is concluded. The Seller is not responsible for any errors in data transmission.
  8. The text of the Business Terms and Conditions effective as of the date on which the Buyer has agreed to them in the order is attached to the order confirmation.
  9. DELIVERY OF GOODS

IV.1. Delivery of goods by personal collection in the Zásilkovna service establishment

  1. Delivery of goods takes place as standard through the Zásilkovna service operated by Zásilkovna s.r.o., IČ 28408306, with its registered office at Ocelářská 392/9, Libeň, 190 00 Prague 9, under the standard transport and price conditions set by them.
  2. The goods are present at the place of business of the Seller for 5 days from the sending of the invitation to the Buyer for collection through the Mail Order service.
  3. The invitation is sent without undue delay after crediting the purchase price to the Seller's account in the case of choosing the type of payment of the purchase price non-cash to the Seller's bank account or cashless payment card through the GoPay payment gateway. In the case of choosing to pay the purchase price in cash, the invitation is sent without undue delay after the goods are ready for collection.
  4. After the expiration of the period of 7 days when the goods are present in the pre-selected branch of the Mailroom service and when the goods are not taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement for material breach of duty by the Buyer; However, the seller does not rule out the possibility of extending the time to take over the goods.

IV.9. Procedure in case of delay of the Buyer with taking over the goods

  1. In the event of the Buyer's delay in taking over the goods, the Seller shall use the right to self-help sale of the goods, while sending the proceeds of the sale to the Buyer in the manner chosen for the payment of the purchase price.
  2. The Seller is also entitled to demand from the Buyer compensation in the amount of necessarily incurred costs related to the fulfillment of the order, as well as the delivery of goods.
  3. RESPONSIBILITY OF THE SELLER

V.1. Scope of the article

  1. The following provisions do not apply to cases where the Buyer is an entrepreneur and when concluding the contract it is clear from the circumstances that the purchase also applies to his business activities, unless otherwise stated.
  2. If the Buyer so requests, the Seller shall confirm to him electronically to the specified e-mail address to what extent and for how long his obligations last. The Buyer will find the method of exercising the rights arising from defective performance in these Business Conditions.
  3. The cost of using means of distance communication shall be borne by the buyer himself if it differs from the basic rate.

V.2. Seller's liability for defects in the goods

V.1. Scope of the article

  1. The Seller is responsible to the Buyer that the goods are free of defects upon receipt.
  2. Defects means in particular that the goods do not have the agreed properties, are not suitable for the purpose requested by the Buyer or for which the goods of the type are usually used, do not correspond in quality or design to the agreed sample or model, if the quality or design was determined by contract sample or model, is in an inappropriate quantity, measure or weight, does not comply with the requirements of legislation.
  3. c. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within 24 months of receipt of the goods. This does not apply:
  • in the case of goods sold at a lower price, in respect of the defect for which the lower price was agreed,
  • for wear and tear of the goods caused by their normal use,
  • in the case of used goods, for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer.
  1. The Seller may unilaterally shorten the 24-month period to 12 months in the case of used consumer goods.
  2. The right from defective performance does not belong to the Buyer, if he knew before taking over the goods that the goods were defective, or if the Buyer himself caused the defect
  3. RESPONSIBILITY OF THE SELLER

V.1. Scope of the article

  1. The following provisions do not apply to cases where the Buyer is an entrepreneur and when concluding the contract it is clear from the circumstances that the purchase also applies to his business activities, unless otherwise stated.
  2. If the Buyer so requests, the Seller shall confirm to him electronically to the specified e-mail address to what extent and for how long his obligations last. The Buyer will find the method of exercising the rights arising from defective performance in these Business Conditions.
  3. The cost of using means of distance communication shall be borne by the buyer himself if it differs from the basic rate.

V.2. Seller's liability for defects in the goods

V.1. Scope of the article

  1. The Seller is responsible to the Buyer that the goods are free of defects upon receipt.
  2. Defects means in particular that the goods do not have the agreed properties, are not suitable for the purpose requested by the Buyer or for which the goods of the type are usually used, do not correspond in quality or design to the agreed sample or model, if the quality or design was determined by contract sample or model, is in an inappropriate quantity, measure or weight, does not comply with the requirements of legislation.
  3. c. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within 24 months of receipt of the goods. This does not apply:
  • in the case of goods sold at a lower price, in respect of the defect for which the lower price was agreed,
  • for wear and tear of the goods caused by their normal use,
  • in the case of used goods, for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer.
  1. The Seller may unilaterally shorten the 24-month period to 12 months in the case of used consumer goods.
  2. The right from defective performance does not belong to the Buyer, if he knew before taking over the goods that the goods were defective, or if the Buyer himself caused the defect

V.3. Buyer's rights from defects

  1. If the goods are defective, the Buyer
  • may also require the delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only request the replacement of the part;
  • if this is not possible, the Buyer may withdraw from the Purchase Agreement (Article VI.).
  1. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect.
  2. The Buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the Purchase Agreement (Article VI.).
  3. If the Buyer does not withdraw from the Purchase Agreement or if he does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace its part or repair the goods, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause considerable difficulties for the Buyer.
  4. If the goods have a defect from which the Seller is obliged, and if the goods are sold at a lower price or used goods, the Buyer is entitled to a reasonable discount instead of the right to exchange the goods.
  5. The Buyer has the right to reimbursement of reasonably incurred costs in the exercise of rights from defective performance.

V.4. Exercising the right of defect or complaint procedure

  1. The buyer is obliged to exercise the right from defective performance immediately after finding a defect, resp. the defect could detect this defect to the Seller electronically to the Seller's e-mail address info@clotino.com with timely inspection and sufficient care; the Buyer may also immediately exercise the rights arising from the defect with the Seller at the Complaint Address
  2. The Seller shall immediately, no later than within 3 working days, decide on the acceptance / rejection of the complaint and shall notify the Buyer of this decision. In the event of rejection of the complaint, the decision is justified and if the Buyer still insists on his position, it is up to him to convincingly prove that it is a defect for which the Seller is responsible.
  3. Complaints, including the elimination of defects, will be settled within the period running from the handover / delivery of goods to the Seller, which is 15 days, unless a longer period has been agreed. The Seller informs the Buyer electronically about the settlement of the complaint. If the deadline is exceeded, the Buyer may withdraw from the Purchase Agreement.

V.5. Rights and obligations related to the complaint

  1. In the event of a justified complaint, the Buyer is entitled to compensation for the costs expediently incurred in connection with its application; all funds provided or returned by the Seller are paid in cash without transfer to the Buyer's bank account.
  2. WITHDRAWAL FROM THE PURCHASE AGREEMENT TO THE BUYER

VI.1. By withdrawing from the Purchase Agreement, the obligation is canceled from the beginning.

VI.2. The Buyer may not withdraw from the Purchase Agreement or demand delivery of new goods if he cannot return the goods in the condition in which he received them, unless he used the goods before the defect was discovered or if the Buyer did not cause the goods to be returned unchanged. if to change the condition as a result of inspection in order to detect a defect, if the buyer sold the item before the discovery of the defect, if he consumed it, or changed it in normal use and gives the Seller compensation up to the amount in which he benefited from the use of the item.

VI.3. The right of withdrawal lapses to the Buyer if he does not notify the defect of the goods (Article V.3.) In time, ie without undue delay after he could find out during a timely inspection and sufficient care, or in the case of a hidden defect is not done without undue delay. after he could find out with sufficient care, but no later than 2 years from receipt of the goods.

VI.4. The defect can be reported to the Seller in writing to the address of the Seller's registered office, to the Complaint Address or electronically to the Seller's e-mail address ahoj@dedoles.cz.

VI.5. Withdrawal from the contract by the consumer

  1. For the Buyer, who is a consumer, in addition to Article VI.1. et seq. the following obligations also apply.
  2. The Buyer, who is a consumer, has the right to withdraw from the Purchase Agreement concluded through the Online Store, within 14 days; this period runs from the date of receipt of the goods (in the case of delivery of several parts of the goods from the date of receipt of the last delivery of goods).
  3. The Buyer, who is a consumer, shall send to the Seller the goods received from him, without undue delay, but no later than within 14 days of withdrawal from the Purchase Agreement, in the same way as the goods were delivered to the Seller's place of business in any way other than sending " Cash on delivery"; the goods should be tagged, accompanied by an invoice or other invitation of a similar nature.
  4. The Seller shall return to the Buyer, who is a consumer, all funds, incl. the cost of the cheapest method of delivery of the goods, in the same way and without undue delay, but no later than within 14 days of the Buyer's withdrawal from the Purchase Agreement; all funds returned by the Seller are paid in cash without transfer to the Buyer's bank account. In the event of withdrawal from the purchase contract, the entrepreneur is not obliged to return the received funds to the consumer before the consumer hands over the goods or proves that he sent the goods to the entrepreneur.
  5. The Buyer, who is a consumer, may agree with the Seller on another method of sending the goods back and returning the funds.
  6. The buyer, who is a consumer, cannot withdraw from the contract if the subject of this contract is goods that have been modified according to the wishes of the consumer or for his person.

VII. PROTECTION OF PERSONAL DATA

VII.1. The protection of the Buyer's personal data is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.

VII.2. For the purposes of concluding the Purchase Agreement, personal data means:

  1. name and surname of the Buyer,
  2. address of residence / registered office of the Buyer,
  3. identification number,
  4. tax identification number,
  5. e-mail address,
  6. telephone number a
  7. IP address.

VII.3. The Buyer agrees to the processing of personal data by the Seller, both for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining a user account.

VII.4. The Buyer primarily agrees to the processing of personal data by the Seller for the purpose of sending information and business messages to the Buyer. The Buyer may refuse this consent. Consent to the processing of personal data in full according to this agreement is not a condition that would in itself prevent the conclusion of the Purchase Agreement.

VII.5. The Buyer acknowledges that he is obliged to state his personal data correctly, truthfully and completely, as well as the fact that he is obliged to inform the Seller without undue delay of any change in his personal data.

VII.6. The Seller may authorize a third party to process personal data as a processor. Apart from carriers or persons operating the payment system, personal data will not be passed by the Seller to other third parties without the prior consent of the Buyer, whether for commercial or non-commercial purposes.

VII.7. Personal data will be processed indefinitely, in electronic form in an automated manner or in printed form in a non-automated manner.

VII.8. The buyer confirms that the personal data provided is accurate, complete and provided voluntarily.

VII.9. If the Buyer considers that the Seller or the processor pursuant to Article VII.6. performs the processing of his personal data in violation of the protection of the Buyer's private and personal life or in violation of the law, in particular if his personal data are kept inaccurately with regard to the purpose of their processing, he may:

  1. ask the Seller or processor for an explanation,
  2. require the Seller or processor to eliminate the situation thus created.
  3. The Buyer may do so in writing to the Complaint Address or through the Seller's e-mail address info@clotino.com.

VII.10. If the Buyer requests information about the processing of his personal data, the Seller shall provide this information without undue delay and for a reasonable payment in the amount of costs necessary to provide the information.

VII.11. The buyer agrees to the storage of so-called cookies on his computer. The Buyer may revoke the consent pursuant to the previous sentence at any time and inform the Seller thereof, if the storage of so-called cookies is not a condition of purchase on the website and fulfillment of obligations under the purchase contract.

VIII. EXTRAORDINARY DISPUTE RESOLUTION

The buyer, who is a consumer, may turn to the Czech Trade Inspection Authority established by Act No. 64/1986 Coll., On the Czech Trade Inspection Authority, as amended, with its registered office at Štěpánská 567/15, 120 00 Prague 2, for the purpose of out-of-court settlement of disputes. in accordance with § 20d to § 20m of Act No. 634/1992 Coll., on consumer protection, as amended. The consumer can find more information at the internet address http://www.coi.cz. The online dispute resolution platform is available at http://ec.europa.eu/consumers/odr.

  1. FINAL PROVISIONS

IX.1. All legal relations and any legal disputes that arise on the basis of the Purchase Agreement and in its connection between the Seller and the Buyer are governed by the laws of the Czech Republic and will be resolved by the locally and materially competent courts of the Czech Republic.

IX.2. The seller declares that it focuses its business activities on the Czech Republic.

IX.3. The contract is concluded in the Czech language. If a translation of the text of the Purchase Agreement is created for the Buyer's needs, it applies that in the event of a dispute over the interpretation of terms, the interpretation according to the Czech language decides. The same applies to these Terms and Conditions.

IX.4. These Business Terms and Conditions are copyrighted works in the sense of § 2 paragraph 1 of Act No. 121/2000 Coll., On Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), as amended. Use of these Terms and Conditions without the prior consent of the author will be prosecuted in accordance with applicable law.

IX.5. These Business Terms and Conditions fully replace the business terms and conditions effective and used before 1 August 2017. Purchase contracts concluded before the effective date of these Business Terms and Conditions and the obligations arising from it are governed by the existing business conditions.