Terms and conditions

 

Oceanika Spa s.r.o.

seated at Hoškova, 1110/6, 158 00 Košíře – Prague 5

identification number: 01842633

registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 2 11878

for the sale of goods through the online store at the internet address www.purefiji.cz

  1. Basic provisions
  2. Definition of terms
  3. Information about the contract made and the Commercial Conditions
  4. Delivery of goods
  5. Payment conditions
  6. Withdrawal from the contract by the buyer as a consumer
  7. Withdrawal from the contract by the seller
  8. Rights from defective performance and warranty
  9. Personal data protection
  10. Settlement of disputes
  11. Out-of-court settlement of consumer disputes

1. Basic provisions

These Commercial Conditions apply to the purchases in the online store www.purefiji.cz and specify the rights and obligations of the seller (operator of the store, supplier of the goods) and the buyer (customer as a consumer). The operator of the online store is Oceanika Spa s.r.o., seated at Hoškova 1110/6, Košíře, 158 00 Prague 5, ID: 01842633. All contractual relationships are established in accordance with the laws of the Czech Republic. Where a contracting party is a consumer, the relationships not regulated by the Commercial Conditions are governed by the Civil Code, i.e. Act No. 89/2012 Sb. (of the Collection of Laws of the Czech Republic), as amended, and by Consumer Protection Act No. 634/1992 Sb., as amended.

2. Definition of terms

Consumer contract – is a purchase contract, contract for work or any other contract where the contracting parties are a consumer on one side and an entrepreneur on the other side. 

Supplier/seller – is a person that is acting within the scope of their business or another entrepreneurial activity when entering into and performing a contract. The supplier/seller is an entrepreneur that, directly or through other entrepreneurs, supplies the buyer with goods or provides the buyer with services. The customer of the online store is the buyer. With respect to the Consumer Protection Act and the related legal regulations, we distinguish between a buyer that is a consumer and a buyer that is an entrepreneur.

Buyer-consumer is anyone who enters into a contract with an entrepreneur or otherwise deals with an entrepreneur outside the scope of the buyer’s entrepreneurial activity or outside the scope of exercise of the buyer’s profession. 

Buyer-entrepreneur is a buyer which purchases products or uses services for the purpose of the buyer’s business in accordance with Section 420 of the Civil Code. The relationship between the seller and the buyer-entrepreneur is not governed by the special provisions on the sale of goods in stores, except for the provision of Section2160 which expressly applies to the relationship between the seller and the buyer-entrepreneur. The relationship between the seller and the buyer-entrepreneur is also not governed by the provisions on obligations from contracts made with consumers (Chapter 4 of the Civil Code), in particular by the provisions of Section 1829 et seq.of the Civil Code). If the buyer acts as an entrepreneur when entering into a contract, the buyer is obliged to state the buyer’s identification number (ID) and tax identification number (VAT ID) as early as in the buyer’s order.

Purchase contract – All presentation of the goods on the website of the store (www.purefiji.cz) is of an informative nature and the seller is not obliged to enter into a purchase contract in respect of such goods. The provision of Section 1732(2) of the Civil Code shall not apply. A purchase contract is made neither by sending an order by the buyer to the seller (by e-mail, phone or through the website interface) nor by sending automatic information from the seller to the buyer about receipt of the order. The purchase contract is made at the moment when the seller confirms the buyer’s order. From that moment the mutual rights and obligations specified in the purchase contract and in the Commercial Conditions that form an integral part of the contract arise between the buyer and the seller. Making a purchase contract without stipulating all its essentials set out by the Civil Code is excluded in accordance with the provision of Section 1726 of the Civil Code. In accordance with the provision of Section 1740(3) of the Civil Code the seller excludes acceptance of an offer with an addendum or deviation. A purchase contract that has already been made can only be changed by agreement of both contracting parties solely in the form of written amendments signed by both contracting parties. 

Upon making the purchase contract, the seller becomes obliged to deliver the goods to the buyer, and the buyer is obliged to take delivery of the goods and pay the purchase price of the goods as well the agreed carriage and packaging costs, etc. The delivered goods shall remain in the ownership of the seller until full payment of the purchase price. The risk of damage to the item (goods) shall fully pass to the buyer on the day of taking delivery of the goods. The buyer is obliged to mark the goods as the seller’s property in an appropriate manner. Any costs incurred by the seller in connection with the retention of title (including costs of legal services and court costs, if any) shall be borne by the buyer. For the entire duration of the retention of title the buyer shall bear the risk of damage, risk of theft, costs of storage, insurance, risk of damage caused to third parties and any other related costs and risks. The buyer is obliged to insure the delivered goods against all risks for the duration of the retention of title. The buyer is obliged to notify the seller without undue delay of any and all damage to the delivered goods as well as all enforcement measures taken against such goods that are subject to the retention of title and to send the seller copies of communications relating to any enforcement procedure to which the goods may beexposed. In addition, the buyer is obliged to take all measures to ensure that the goods are not included in the buyer’s property, so that they are not subject to enforcement. In the event of commencement of insolvency proceedings against the buyer’s assets, the buyer is obliged to notify the seller of such fact without undue delay and, at the same time, to take all measures and to provide the seller with every assistance, so that the goods to which the retention of title applies are not included in the assets of the buyer. If the payment of the buyer’s obligations to the seller is delayed, the buyer is obliged to return to the seller the delivered goods to which the reservation of title applies whenever the seller request so, even if the goods are located at a third party.

The seller holds no liability for errors in data transmission or for any damage arisen due to failure of ICT.

3. Information about the contract made and the Commercial Conditions

By making a purchase contract the buyer confirms that the buyer has become acquainted with these Commercial Conditions and agrees with them. These Commercial Conditions form an integral part of the contract made. After completing an order, the buyer will be sent an e-mail confirmation of the order. The moment of making the purchase contract is the moment when the order is confirmed by the seller.

The contract is made in Czech language. The contract shall be archived by the seller solely for the purpose of its complete fulfilment, in accordance with the applicable legal regulations. Information about the technical steps leading to the making of the contract are evident from the ordering process in our online store, and the buyer has an opportunity to check and correct, as the case may be, the order prior to sending. These Commercial Conditions are accessible on the website of the online store, so the buyer may archive and reproduce them. The costs of using the distance communication means (telephone, internet, etc.) for placing an order shall be based on a normal rate depending on the tariff of the telecommunication services used by the customer.

4. Delivery of goods

The supplier undertakes to deliver the ordered goods, depending on the size and weight, either:

  1. through a contractual transport service by a transport company (depending on the current availability and the seller’s choice), or
  2. for personal collection by the buyer at branches of the supplier/seller. 

Depending on the availability of products and operational capacities of the seller, the deliverables shall be provided within the shortest possible time, usually within 2 -5 working days. In exceptional cases or if the goods are out of stock, the delivery period may be longer, and the buyer shall be notified of such fact without undue delay after such fact is discovered. The information about delivery periods stated on the seller’s website is indicative only, and solely those delivery periods that are bilaterally agreed are binding. The place of delivery shall be set out on the basis of the order placed by the buyer and confirmed by the seller. The delivery is deemed performed when the item is delivered to the stated address or made ready to be collected by the buyer at a selected branch of the seller.

The transport to the destination address shall be arranged by the seller at the buyer’s expense. The consignment containing the goods shall standardly contain a tax document (invoice) and instructions for use of the product in Czech language. While taking over the goods from the transport company, the buyer is obliged to carry out a careful check of integrity of the transport packaging. If the packaging is damaged, the buyer is obliged to state this information in the handover report of the transport company or in the transport note of the carrier. The buyer is obliged to notify the seller of any damage of the consignment without undue delay.

If at the buyer’s initiative further requirements are raised or changes related to the deliverable are made, the delivery period shall be extended by the time necessary to carry out such changes. The seller shall not hold liability, even where binding agreement on the delivery period was reached, for any delay in the delivery resulting from force majeure events or events that make the delivery considerably more difficult or impossible for the seller. Force majeure events include, but are not limited to, a lightning strike, storm, flood, earthquake and other natural disasters; epidemics; accidents affecting the production or storage of products, total or partial interruption of supplies of raw materials or energies, machine breakdown; difficulties of a labour nature, such as strikes, slowdown or closure of production, lack of labour force; war, civil disturbances, blockades, vandalism and demonstrations; acting or omission of any governmental or administrative authority, including embargos, licence controls orproduction and distribution restrictions; and any causes beyond reasonable control by the seller. Obstacles occurred on the part of the seller, suppliers of the seller or their subcontractors are deemed to be force majeure events. The circumstances stated above allow the seller to postpone the delivery by the duration of the obstacle and by a reasonable time necessary to carry out the delivery. If the delivery of goods or services becomes impossible or infeasible for the seller due to the obstacle, the seller may withdraw from the contract.

If the seller is in a delay or if the delivery of goods or services is impossible for reasons caused by the seller, the buyer may withdraw from the contract after expiry of a reasonable additional period provided in writing which shall, however, not be shorter than the duration of the obstacle. The buyer’s right to withdraw from the contract applies solely to such part of the contract that has not yet been performed.

We arrange carriage of the goodsthroughout the Czech Republic. The stated prices of transport include VAT. The costs of transport of the goods vary depending on the selected method.

Methods of delivery:

Transport:

The transport company selected in the order form during the purchase of the goods

Personal collection:

·       Store: Pavlovská 1740/44, 692 01 Mikulov

5. Payment terms

The purchase price of the goods or service shall be paid in cash during handover of the deliverable or by other methods of payment offered by the seller and stated below. If the customer selects the option to pay in advance, the seller shall not send the goods until the customer’s obligation to make the payment is fulfilled. A payment is deemed made when the full amount stated in the contract is credited to the seller’s account. The parties may also agree on an advance payment for the goods, up to 100% of the value of the order. In such case, the seller may demand an advance payment in the agreed amount prior to sending the goods. Where an advance payment is demanded, the document titled “Advance invoice – tax document” is issued. After the delivery of the goods, the amount of the advance shall be deducted on the tax document.

All prices are final and include VAT and contributions to the liquidation of historic electric waste and other fees, if any, the consumer is obliged to pay for the goods. All goods are supplied with a tax document and delivery note. The goods remain in the seller’s ownership until full payment of the purchase price. If an order or a part of an order is cancelled by the supplier (e.g. because the goods have been sold out), the amount paid or the respective part of the amount shall be returned immediately to the account from which they were transferred, unless agreed otherwise. 

The seller reserves the right to make changes, including price changes, in the online store. The offer of the goods on the seller’s website is valid for a specified period or until stocks run out or until the seller ceases to be able to perform, and the number of items on special offer shall always be stated on the website. The price is valid at the time of ordering.

Methods of payment:

·       payment in cash when collecting the goods

·       payment by cash on delivery

·       payment by bank transfer

·       payment based on an invoice with 14-day period for payment

·       payment with a card thorough the payment gateway Comgate

At the choice of the buyer, the seller shall deliver the goods to the place and in the manner specified by the buyer in the order. The buyer is obliged to take over the goods delivered as stated above, otherwise the goods shall be stored at the buyer’s expense and resent at the buyer’s expense by prior agreement.

The invoice/tax document shall be sent to the buyer together with the goods or electronically to the e-mail address stated in the order.

6. Withdrawal from the contract by the buyer-consumer

In accordance with Section 1829 of the Civil Code, the consumer has the right to withdraw from the contract without giving the reason within 14 days from the takeover of the goods or, as the case may be, from the takeover of the last delivery of the goods where several kinds of goods were purchased or where the goods consist of several parts (sending on the 14thday of the period shall suffice). If the buyer decides to withdraw within such period and meets the conditions stated below, the purchase price and the costs of the cheapest offered method of delivery of the goods from the seller to the buyer will be refunded to the buyer. In accordance with Section 1820(1)(g) and Section 1832(3), the consumer withdrawing from a purchase contract under Section 1829 et seq.shall bear the costs associated with the return of the goods. This right is not to be used as a method of complaining about the goods.

If you decide to withdraw from the contract within the aforesaid period, please respect the conditions stated below:

·       No later than on the 14thday after taking over the goods, the notice of withdrawal from the contract must be sent to the seller. 

·       Deliver the goods back at your expense to the warehouse at the address Pavlovská 1740/44, 692 01 Mikulov within 14 days from the withdrawal from the contract.

·       It is recommended that, as part of such withdrawal, you return the goods in the original undamaged packaging; the goods must not show any signs of use, must be undamaged and complete (including accessories, warranty certificate, instructions for use, etc.) and be sent with a copy of the document of purchase. Do not send the goods as a cash-on-delivery parcel. It is recommended that you insure the goods. 

·       The money for the goods and the costs of the cheapest offered method of delivery of the goods from the online store will be refunded to you in the same manner in which they were received or, as agreed, by a postal money order or transfer to your account within 14 days from the withdrawal from the contract. The seller is not obliged to refund to the buyer all the expense incurred by the buyer, until the buyer hands over the goods to the seller or proves that the buyer has sent the goods to the seller without any defects and damage.

·       If the value of the goods has been reduced (the goods have been partially consumed or worn out because they were handled otherwise than they must be handled with regard to their nature and characteristics; the goods have not been complete any more or have been damaged), the buyer is obliged to pay a financial compensation for the provable loss in value. The seller may set off a sum of the compensation for damage incurred due to the use of the goods contrary to Section 1833 against the purchase price.

·       If the subject-matter of the contract was services and their provision has already started, the buyer is obliged to pay the proportionate part of the price for the provided services if the buyer withdrew from the contract.

·       If the buyer receives a gift together with the goods, the deed of gift between the seller and the buyer is made with a resolutory condition that if the buyer withdraws from the purchase contract, the deed of gift concerning such gift shall cease to have effect and the buyer is obliged to return the gift together with the goods to the seller.

·       If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with the return of the goods to the seller, even if the goods cannot be returned by a normal postal service due to their nature. 

In accordance with Section 1837 of the Civil Code, the buyer as a consumer may not withdraw from a contract:

a) for the provision of services, provided that such services were completed with the buyer’s prior express consent prior to the expiry of the period for withdrawal from the contract, and the entrepreneur informed the consumer prior to entering into the contract, that in such case the consumer shall have no right to withdraw from the contract,

b) for the delivery of goods or a service the price of which depends on deviations of the financial market that are beyond the control of the entrepreneur and may occur within the period for the withdrawal from the contract,

c) for the delivery of alcoholic beverages that may not be delivered before expiry of thirty days and the price of which depends on deviations of the financial market beyond the control of the entrepreneur,

d) for the delivery of goods that have been customized as requested by the consumer or for the consumer,

e) for the delivery of perishable goods and goods that have been irreversibly mixed with other goods after the delivery,

f) for the repair or maintenance carried out in the place specified by the consumer at the consumer’s request; however, this shall not apply if other than requested repairs are carried out or other than requested replacement parts are delivered subsequently,

g) for the delivery of goods in a closed packaging that were removed from the packaging by the consumer and that cannot be returned for hygienic reasons,

h) for the delivery of an audio or video recording or a computer programme if the buyer opened their original packaging,

i) for the delivery of newspapers, periodicals or magazines,

j) for the accommodation, transport, meals or leisure-time activities, provided that the entrepreneur provides such performance at the specified time,

k) made on the basis of a public auction under the Act regulating public auctions, or

l) for the delivery of a digital content, provided that it was not delivered on a tangible medium and was delivered with prior express consent of the consumer prior to expiry of the period for withdrawal from the contract and the entrepreneur informed the consumer prior to entering into the contract, that in such case the consumer shall have no right to withdraw from the contract.

7. Withdrawal from the contract by the seller

The seller may withdraw from a contract made with a customer if the goods have not been manufactured or delivered any more, or if the price charged by the supplier of the goods has changed considerably, so the goods from the seller’s supplier cannot be delivered to the seller for the originally stated price, and if the price of the goods contains an obvious error (i.e. the price clearly differs from a price usual for this type/kind of goods).

An obvious error in the price of the goods means, for example, erroneous statement of the first three digits instead of four digits; a price from which one digit was dropped (e.g. one digit is omitted when stating the price); an obviously low price of the goods (e.g. a price 50% lower than a price usual for this kind and type of goods, without stating that the goods are on sale or on another special offer); and other obvious typographical errors, obvious errors in the description of the goods, image, etc., or an obvious mistake in the information provided by an operator of the customer centre.

If such situation occurs, the seller shall contact the buyer without undue delay in order to agree on further steps. If the buyer has already paid the full purchase price or a part of it, such amount shall be returned to the buyer’s account or address as soon as possible, i.e. within 10 working days but no later than within 30 days from the cancellation of the order by the seller.

The seller may also withdraw from the contract if the seller has reasonable grounds to be concerned and suspect misuse of personal data of parties, payment cards, identity documents, etc.

The provisions stated above shall also apply by analogy to the cancellation of an order.

8. Rights arising from defective performance and warranty

Prior to the first use, the buyer is obliged to read the instructions for use or service instructions and warranty conditions, if any, and comply such instructions and conditions thoroughly; failing which, the buyer runs the risk of damaging the item through inappropriate use and being unable to file a complaint about any thus arisen defect within the scope of the buyer’s right arising from the seller’s liability for defects. The period for exercising the rights from the seller’s liability for defects begins upon takeover of the item by the buyer.

In accordance with Section 2104, the buyer is obliged to inspect the goods as soon as possible after taking them over and to satisfy themselves as to the characteristics and quantity of the goods. If the buyer is not a consumer and damage is detected, a damage record shall be drawn up and the seller is obliged to grant a reasonable discount of the price of the delivery or to deliver a new defect-free product. Any later complaints about mechanical damage of the product cannot be accepted.

When requested by the consumer, the seller is obliged to issue a written confirmation as to the extent and duration of the seller’s obligations in the event of defective performance. 

Where consumer goods are sold, the period for exercising rights from defective performance is set out to last 24 months if the buyer is a consumer and 12 months if thebuyer is an entrepreneur. However, the warranty certificate may contain a declaration setting out a longer warranty period. If such longer warranty period is thus provided, the seller shall determine the conditions and extent of the extension of the warranty in the form of a declaration in the warranty certificate or in special commercial conditions. The seller’s liability for defects does not apply to normal wear and tear of the item (or its parts) caused by use. 

When exercising rights from liability for defective performance, the consumer has the following rights:

·       Right to have the goods repaired free of charge. 

·       Right to have new goods delivered or to have a part of the goods replaced; however, this right may only be exercised if the delivery of new goods or a part of the goods is an appropriate method of settlement of the complaint with regard to the nature of the defect. For these purposes, this method of settlement is appropriate if the defect cannot be removed by a repair or if such repair is considered to be an uneconomic solution in terms of finance or time. The consumer also has the right to have new goods delivered or a part of the goods replaced if the defect is removable but the goods cannot be properly used due to a repeated occurrence of the defect (after the repair – i.e. if the same defect with the same manifestations appears three times and such defect was repaired at least twice) or due to a larger number of defects. 

·       Right to withdraw from the contract – this may be exercised if the item cannot be repaired and if it is impossible to deliver new goods or to replace a part of the goods (provided that the conditions of this right are met). This right may also be exercised if the goods have a larger number of defects or cannot be properly used due to a repeated occurrence of a defect after repairs.

·       If the buyer does not withdraw from the contract or does not exercise the right to have a new defect-free item delivered, to have its part replaced or have the item repaired, the buyer may require a reasonable discount. The buyer also has the right to a reasonable discount if the seller cannot deliver a new defect-free item to the buyer, replace a part of it or repair the item and if the seller does not remedy the situation within a reasonable period or if the remedy would cause considerable difficulties to the consumer.

The warranty period and the rights arising from it for all buyers that are not consumers shall apply to the extent set out by the particular importer or manufacturer. If this is not set out by the importer or manufacturer, the rights arising from the warranty of quality under Section 2113 et seq.of the Civil Code shall apply.

Complaints

Decisions on complaints shall be taken by the seller immediately, in complicated cases within 3 working days. This period shall not include the time that is appropriate according to the type of product or service and necessary for expert assessment of the defect. Complaints shall be settled without undue delay, no later than within 30 calendar days from the day of filing the complaint, unless agreed otherwise in writing between the seller and the buyer. After expiry of this period the consumer shall have the same rights as in the event of a material breach of the contract. The seller shall issue and send to the consumer’s e-mail address a written confirmation specifying the date when the consumer filed the complaint, the content of the complaint and the method of the complaint settlement required by the consumer. The seller shall also issue and send to the consumer’s e-mail address a confirmation specifying the date and method of the complaint settlement, including confirmation of a repair and duration of the repair. Where a complaint is rejected, the seller shall issue to the consumer a written statement of the reasons for the rejection. Rights from the liability for defects shall be exercised at the seller from which the item was purchased. However, if the warranty certificate states a different entrepreneur designated to carry out repairs that is seated in the seller’s location or in a location closer to the buyer, the buyer shall exercise the right to have the item repaired at the entrepreneur designated to carry out warranty repairs.

9. Personal data protection

The seller as the operator of the online store www.purefiji.cz guarantees that it processes personal data of the buyer in compliance with legal regulations and takes care of the protection of the customer’s rights.

The buyer has the right to decide whether or not to provide personal data to the seller; the provision of personal data is a necessary precondition for entering into the contract.

The personal data stated above shall be processed in order to identify the customer as the buyer, to carry out necessary accounting operations and enter the payment for the purchased goods into the accounts, to deliver the goods correctly and to communicate with the customer. By sending an order or rather an offer to enter into a purchase contract, the customer gives consent for the seller to transfer personal data of the seller’s customers to third parties for the purpose of appropriate transport of goods, provision of a consumer loan and similar purposes, and such third parties are the providers of services of distribution of commercial communications, customer support services, carriers, consumer-credit companies, bank institutions and insurance companies, or for the purposes of recovery of outstanding debts arising from the contract. The seller shall not sell or lease personal data for the benefit of any third party. 

Before transmitting personal data to a third party, a written contract shall always be made with such party to regulate personal data processing and to ensure that the personal data are processed in compliance with laws. 

The seller shall gather, keep and process (hereinafter referred to as “process”) the identification and contact data of the buyer and certain other data provided by the buyer in connection with entering into the contract.

Personal data processing may be either manual or automated and is carried out in the controller’s information systems.

Personal data mean the data about the buyer and the purchases by the buyer that are stated in the contract or in a contractual form, namely

  1. name and surname,
  2. address for invoicing and for goods delivery,
  3. telephone number the buyer gives to the seller
  4. electronic address (e-mail)

Where the buyer is a legal entity or a natural person-entrepreneur, we also request:

  1. company name (business name)
  2. and company ID and VAT ID

The consent to personal data processing may be withdrawn by the buyer at any time, otherwise it shall apply for a period not exceeding 36 months from the completion of the contractual relationship with the seller.

More detailed information is available in the document titled “Information about Personal Data Processing” (in Czech:Informace o zpracování osobních údajů) on our website.

  1. Settlement of disputes

Mutual disputes between the supplier and the customer shall be settled by general courts. 

  1.  Out-of-court settlement of consumer disputes

In accordance with Section 1820(1)(j) of the Civil Code and Section 14(1) and Section 20d et seq.of Consumer Protection Act No. 634/1992, the seller states that the consumer may file a petition for out-of-court settlement of a consumer dispute with the authority competent for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority (in Czech: Česká obchodní inspekce), on the website www.coi.cz. The Czech Trade Inspection Authority handles petitions for out-of-court settlement of consumer disputes in the manner and on the conditions set out by the applicable legal regulations. For the avoidance of doubt, no provision of these Commercial Conditions excludes the consumer’s option to bring the consumer’s claim before a civil court.

Prague, 15 May 2018

Executive officer of Oceanika Spa s.r.o.

 

^ Nahoru
 
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