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: neuneu@neuneu.cz, 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:
adr@coi.cz, 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