Terms and conditions of NEUNEU.CZ e-shop
Article 1. General Provisions
- These Terms and Conditions of the neuneu.cz online shop (hereinafter referred to as "Terms and Conditions") set out the principles of making purchases within the online shop available on the domain neuneu.cz (hereinafter referred to as "neuneu.cz") and providing services electronically relating to account management pursuant to Article 2(5) of these Terms and Conditions.
- The operator of neuneu.cz and the seller of the products listed herein is Kamila Neufus (hereinafter referred to as the "Seller"), with registered office at Za Panskou zahradou 409, 250 82 Horoušany, Czech Republic, ID: 63044269, registered in the Trade Register maintained by the Municipal Office of Brandýs nad Labem, e-mail: email@example.com, tel.: +420 777 908 908, who is the owner of the trademark NEU NEU.
Article 2. Customers
- Customers of neuneu.cz (hereinafter referred to as "Customers") can only be legal natural persons over 16 years of age.
- Customers are obliged to provide their name, surname and address, as well as contact details such as e-mail address for delivery and telephone number when shopping at neuneu.cz in order to fulfil the purchase contract.
- Any collection and processing of data and other information available on neuneu.cz for the purpose of providing it to third parties on other Internet portals or outside the Internet is prohibited. It is also prohibited to use the neuneu mark, including the characteristic graphic elements, without the consent of the Seller.
Article 3. Purchases
- Within neuneu.cz, information about products (hereinafter referred to as "Products") and their purchase and delivery conditions are provided. This information does not constitute an offer, but only an invitation to tender. If the Customer makes a selection of the Products within neuneu.cz and sends his/her order to the Seller, it is an offer to conclude a purchase contract for the said Products (hereinafter only the "Order"), which is subject to acceptance by the Seller.
- The Customer makes a selection of Products by placing the selected Products in the (virtual) basket within neuneu.cz. Inserting Products into the basket is not connected with their reservation. If the quantity of available Products is exhausted before the Order is sent to the Seller, the Seller may refuse the Order.
- After selecting the Products, the Customer is required to provide a valid delivery address and telephone number, which should not change until the Products are delivered. A change of delivery address is only possible in exceptional circumstances by agreement with the Seller and before the Products are handed over to the carrier.
- Before sending the Order, the Customer is shown a summary of the Order, which is mainly used to check the entered personal data and selected Products. If the Customer discovers any discrepancy within the Order summary, the Customer shall make corrections to such data and send the Seller only a complete Order containing the correct personal data and selected Products.
- After selecting the payment method and sending the Order to the Seller, the Customer is sent an e-mail message confirming receipt of the Order. If the Order is accepted by the Seller, the Customer will receive an e-mail message confirming the acceptance of the Order by the Seller. The Purchase Contract between the Seller and the Customer is concluded at the moment of delivery of the acceptance of the Order to the Customer. If the Seller is not able to accept the Order in full, the Seller is obliged to inform the Customer, who will inform the Seller whether or not he agrees with the partial acceptance and fulfilment of the Order. If the Customer does not agree to the partial acceptance and performance of the Order, the Order as a whole shall lapse and the Purchase Contract shall be cancelled from the beginning. If the Customer notifies the Seller that it agrees to the partial acceptance and fulfilment of the Order, the Purchase Agreement shall be concluded only to the extent of the confirmed Products. The Purchase Contract between the Seller and the Customer is concluded in standard Czech language, any other language versions may be concluded depending on the language versions of neuneu.cz.
- If the Order is not confirmed by the Seller (e.g. due to the unavailability of the Product) or the Seller is unable to fulfil the Order (e.g. due to unforeseen circumstances), the Seller shall inform the Customer without undue delay and refund the amount of money received or provide the Customer with an alternative performance of the same value, with the Customer's consent and at the Customer's choice.
Article 4. Payment
- The Customer sends payments by electronic payment provided by a specialized payment institution with which the Seller has concluded a corresponding contract.
- When selecting payment by credit card with the Internet payment function, the Customer will be redirected to a website allowing electronic payment - payment gateway.
- The price of the Product, stated in its specification on neuneu.cz, includes VAT and all statutory charges. The price does not include postage and any other delivery costs, the amount of which is determined separately.
- The completed purchase of the Product is confirmed by the issuance of an accounting document by the Seller. The Customer agrees to be sent electronically accounting documents, in particular invoices with attachments, including corrective invoices, to the e-mail address provided in the Order.
- The customer can use discounts according to the principles described on neuneu.cz. The Customer may use the discounts obtained exclusively for the purchase of the Products to which the discounts apply. The amount of the discount reduces the price the Customer pays for the Product. Discounts can only be combined if explicitly stated. Discounts are not transferable and cannot be exchanged for cash or other services.
Article 5. Delivery of Products
- The place of performance of the Purchase Contract is the place where the Product will be delivered to the Customer (in case of doubt, it is the place where the Product should be delivered according to the Customer's instructions).
- The Seller informs the Customer of the delivery costs on neuneu.cz and in the Order summary before the Customer sends it.
- The delivery date of the ordered Products is specified in the Order Summary. The stated delivery date includes working days and is approximate, especially for Orders sent abroad. If the Customer has purchased several Products within one Order, and these Products have different delivery dates, the Products will be delivered together after the entire Order has been completed, i.e. on the latest possible common date of all the listed delivery dates of the individual Products, unless the Seller and the Customer expressly agree otherwise.
- The products are sent and delivered to the Czech Republic or to the countries that the Seller has listed on neuneu.cz and set special delivery costs for them. If the Seller has such an opportunity, it may, by special agreement with the Customer, also send the Products to countries other than those listed on neuneu.cz.
- Products are delivered by specialized carriers, a list of which is available on the website neuneu.cz. The Seller shall notify the Customer of the details of the shipment, in particular information regarding the carrier delivering the shipment, including a link to the tracking of the shipment sent by e-mail, if the respective carrier allows such tracking.
- The Customer is obliged to check the condition of the Product or, if problematic, the condition of the shipment (packaging) immediately after delivery. If the Customer discovers any damage that may have occurred during shipment, the Customer is obliged to draw up an appropriate damage report and immediately inform the Seller.
- The Seller shall not be liable for non-delivery of the Product due to reasons arising on the part of the Customer, e.g. in connection with the provision of an incorrect or incomplete delivery address preventing delivery of the shipment. In such case, the Seller shall notify the Customer of the unsuccessful attempt to deliver the Product.
Article 6. Protection of personal data
- The Seller is the controller of the Customers' personal data.
- Personal data is processed by the Seller in accordance with the legal regulations of the Czech Republic and the European Union, in particular the General Data Protection Regulation (EU) 2016/679 and exclusively for purposes related to the activities of the Seller within neuneu.cz, in particular for the purpose of concluding and fulfilling purchase contracts (ensuring the sale of Products, communicating with Customers and dealing with complaints) and also for the purpose of fulfilling legal obligations arising from tax regulations.
- Personal data is processed on the basis of:
- the Customer's consent to the Terms and Conditions (during the submission of the Order),
- performance of the purchase contract, or
- the legitimate interest of the Seller as a personal data controller (e.g. for protection against potential claims or in the case of personal data of third parties provided by the Customer - providing the delivery address of another person).
- Providing personal data to the Seller is voluntary, however, failure to provide it may prevent the conclusion of the purchase contract and proper performance by the Seller, or failure to provide it may affect the provision of appropriate customer service. The personal data that the Customer is obliged to provide to the Seller is provided as part of the Order creation process.
- Customers' personal data may also be provided to other companies in the capacity of personal data processor, which provide services related to the execution of Orders on behalf of the Seller (e.g. postal or courier companies). Recipients of personal data may also be entities authorized to obtain personal data on the basis of applicable laws, including the relevant public authorities.
- In exceptional cases, personal data may be provided to third countries (outside the European Union) in connection with the delivery of Products ordered by the Seller.
- Personal data is stored for the time necessary for the execution of Orders. After this period, personal data may be processed on the basis of: a legal obligation of the Seller (e.g. regarding the retention of accounting documents) or a legally justified interest (protection against claims that may be made against the Seller).
- The Organizer guarantees Customers and persons whose personal data it processes the exercise of their rights under the law, in particular the right (i) to access personal data, (ii) to correct inaccurate or incomplete personal data, (iii) to delete personal data if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, or if it is found that they were processed unlawfully, (iv) to restrict the processing of personal data, (v) for data portability, (vi) to object, after which the processing of personal data will be terminated, unless it can be demonstrated that there are other legitimate grounds for the processing which override the interests or rights and freedoms of the Customers (data subjects), in particular grounds related to the establishment, exercise or defence of legal claims, and (vii) to contact the Data Protection Authority, www.uoou.cz.
- Personal data concerning Customers and other persons whose personal data has been provided by the Customer are protected by the Seller against their disclosure to unauthorized persons, as well as against other cases of their disclosure or loss or against unauthorized modification of said personal data and information by means of appropriate technical and organizational measures.
Article 7. Complaint Procedure and Rights of Defective Performance
- The Customer may file a complaint with the Seller if the Product does not correspond to the concluded purchase contract or if it contains defects. The Customer may also file a claim against the Seller if the Seller's conduct is incorrect or contrary to the provisions of the Terms and Conditions.
- Complaints can be submitted electronically via the contact form on the website neuneu.cz or by e-mail or in writing to the address of the Seller.
- Complaints must include: name and surname, contact details (reported to neuneu.cz), specification of the Order to which the complaint relates or other circumstances justifying the complaint and also a specific request of the Customer related to the complaint. If the claim concerns a Product, the Product to which the claim relates and the relevant tax document must be submitted with the claim.
- If the data or information provided in the complaint requires supplementation, the Seller shall ask the Customer for its specific supplementation before discussing the complaint.
- The Seller shall settle the complaint without undue delay, no later than 30 days from the date of receipt. The Customer shall receive information on how the complaint will be handled according to his/her choice (e.g. electronically to the address he/she provided during registration or in writing). The Seller shall notify the Customer of any rejection of the complaint, together with the reasons for this decision.
- In the event of a defect in the Product, the Customer, as a consumer, shall have the rights arising from the defective performance in accordance with the laws of the Czech Republic. If the defect of the Product constitutes a material breach of the purchase contract, the Customer in the position of a consumer has the rights listed below, and the Customer is obliged to inform the Seller which right he has chosen:
- to remedy the defect by supplying a new item without the defect or by supplying the missing item;
- to remove the defect by repairing the item;
- a reasonable discount on the purchase price; or
- withdraw from the purchase contract.
- the removal of the defect; or
- a reasonable discount on the purchase price.
- The Seller informs the Customer whether the defective Product can be replaced or repaired and provides the Customer with all information regarding the further course of the complaint procedure. If the Seller is to refund the Customer, the amount of the Product purchased by the Customer will be refunded without undue delay, no later than 14 days from the moment the returned Product is received by the Seller.
- The Seller is not obliged to accept any returned COD shipments.
- The amount paid by the Customer will be refunded by analogy to the method of payment for the Product selected by the Customer at the time of purchase. If the Customer used a discount when purchasing the Product, the amount refunded will be reduced by the amount of the discount used. The Customer will be able to use this discount for future purchases according to the policy in force before the conclusion of the Order for which the refund was made.
- In the event that a consumer dispute arises between the Seller and the Customer in the position of a consumer, which cannot be resolved by mutual agreement, the Customer in the position of a consumer may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: firstname.lastname@example.org, web: adr.coi.cz. In the event of a dispute, a customer in the position of a consumer may also use the European ODR (Online Dispute Resolution) platform available at https://ec.europa.eu/consumers/odr/.
- A Customer acquiring a Product for a purpose directly related to his/her professional activity or business (i.e. a Customer who is not in the position of a consumer) has the right to file a claim in accordance with applicable law, whereby the Seller's liability for physical defects in the Products is limited to the Customer's right of defective performance in the form of removal of the defect or replacement of the Product. The Seller shall, at its option, immediately remove the defective Product or replace the defective Product with a Product without defects. The Seller may also withdraw from the Purchase Agreement and refund to the Customer the amount paid for the defective Product. In other cases, the Seller's liability for defects in the Products for Customers who are not in the position of consumers is excluded.
Article 8. Withdrawal from the Purchase Agreement
- Notwithstanding the time limits set by applicable law, the Customer in the position of a consumer may withdraw from the concluded purchase contract without giving any reason within thirty (30) days from the date of receipt of the Product, if he sends the Seller a statement of withdrawal from the concluded purchase contract.
- The customer in the position of a consumer may withdraw from the purchase contract via the contact form on the neuneu.cz website or in writing. A customer who is not in the position of a consumer may withdraw from the purchase contract for the reasons set out in the relevant legislation.
- If the Customer has purchased more than one Product within one Order, the withdrawal may apply to all Products or only a part of the Products selected by the Customer, provided that for a Product sold as a set, set or package, the withdrawal is possible only for the whole set, set or package.
- Upon withdrawal from the purchase contract, the purchase contract for the Product (set, kit or package) from which the Customer has withdrawn is cancelled from the outset and is deemed not to have been concluded. In such case, the Customer shall send or hand over to the Seller the Product received by the Customer from the Seller without undue delay, but no later than fourteen (14) days from the date of withdrawal. The Customer shall bear the cost of returning the Product to the Seller. If the withdrawal from the Purchase Agreement is made by the Customer in the position of a consumer, the costs of returning the Product shall be borne by the Customer if the relevant Product cannot be returned by normal postal means due to its nature.
- In case of effective withdrawal from the purchase contract, the Seller shall return the amount paid by the Customer for the Product by analogy with the method of payment for the Product chosen by the Customer. If the Customer has used a discount provided when purchasing the Product, the amount refunded will be reduced by the amount of the discount used, which the Customer will be able to use further according to the terms and conditions of the discount. If the Customer in the position of a consumer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall refund the costs of delivery of the Product to the Customer in the position of a consumer in the amount corresponding to the cheapest delivery method offered.
- In the event of non-compliance with the deadlines for withdrawal from the purchase contract set out in this article, the Seller shall send the returned Product back to the Customer in the position of a consumer at his expense.
- The right to withdraw from the Purchase Contract does not arise for the Customer in the position of a consumer in the cases referred to in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, in particular in the case where the ordered Product is unique, i.e. the subject of performance is an item modified according to the wishes and specifications of the Customer in the position of a consumer (e.g. Products containing engraving).
Article 9. Final Provisions
- The Seller reserves the right to make updates and changes to these Terms and Conditions from time to time. The Seller will inform about any changes to these Terms and Conditions via neuneu.cz. A change to the Terms and Conditions shall become effective as of the date specified in the change, but not earlier than 7 days from the date of its announcement by the Seller; changes of a technical and informational nature or those that do not negatively affect the position of Customers may be made in a shorter period of time. For Customers who have sent Orders before the new Terms and Conditions come into force, the existing Terms and Conditions shall apply.
- It is prohibited for Customers to use graphic elements (including the "neuneu" logo), the layout and appearance of the neuneu.cz website (layout), as well as other intellectual property rights without the express written consent of the Seller.
- These Terms and Conditions shall not be construed as purporting to exclude or limit any liability, the exclusion or limitation of which is not permitted under applicable law.
- These Terms and Conditions and purchase contracts concluded on their basis are governed by the law of the Czech Republic.
In Horoušany on 1.1.2023