Terms and Conditions
I. Basic provisions
These general terms and conditions (hereinafter referred to as "terms and conditions") are issued:
Email: info@designvalerie.store
Phone: + 420 777 151 848
Web: designvalerie.store
IČO: 19104901
Name: Bc. Valerie Olšanská
- Adress: Hornoměcholupská 527/3, Praha 10, 102 00
(hereinafter referred to as "Sellers")
2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter referred to as the "buyer") through a web interface located on a website available at the Internet address www.designvalerie.art (hereinafter referred to as the "online store").
3. The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
II. Information about goods and prices
Information about the goods, including the price of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of the goods are listed including all related fees and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. Product prices remain valid for the time they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
All presentation of goods placed in the catalog of the online store is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods.
Information on the costs associated with packaging and delivery of goods is published in the online store.
Any discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of purchase contract
The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
The buyer orders the goods in the following ways:
through your customer account if you have previously registered in the online store
by filling out the order form without registration.
When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the "Confirm order" button in the online store checkout. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is considered the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or by electronic message to the seller's email, both of which are specified in these terms and conditions.
In the event that there was an obvious technical error on the part of the seller when specifying the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by delivery by the buyer to the seller's email address.
IV. Product information
If you have purchased a product from us that sticks to the wall using foam tape or adhesive rubber, we are not responsible for any damage to the plaster when you decide to remove the product from the wall. The foam tape you put on the wall is very strong. The product is guaranteed not to fall off the plaster. If you decide to peel off the product after some time, we recommend that you proceed very carefully. It would be best if you could first cut the foam from the wall from behind the product with a long sharp knife and very carefully peel off the rest that remains on the wall. Since there are several types of plasters, it is necessary to adapt to the structure and composition of yours.
The seller points out that the "color fidelity" in the photos may not exactly correspond to reality and is also dependent on the quality of the buyer's monitor.
V. Payment terms and delivery of goods
The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways: The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways:
by cashless transfer to the seller's bank account 271026982/0300 at bank ČSOB a.s.
- By payment card through the Stripe payment gateway.
– Collection information is sent to the customer after the order has been sent.
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2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise, the purchase price also includes the cost associated with the delivery of the goods.
3. In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.
4. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
5. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.
6. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, then within 48 hours at the latest.
7. The goods are delivered to the buyer:
1. to the point of delivery through Zásilkovna specified by the buyer in the order,
8. The choice of delivery method is made during the ordering of goods.
9. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's confirmation of the order. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
10. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
11. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
12. The seller will issue a tax document - an invoice - to the buyer. The tax receipt is sent to the buyer's email address.
13. The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
14. Distribuce objednaného zboží s označením skladové dostupnosti “Skladem” může trvat až 5 pracovních dnů, dokud se ze skladu dostane zboží do přepravy.
VII. Withdrawal from the contract
A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract even without giving a reason.
The withdrawal period is 14 days
from the day of receipt of the goods,
from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
from the date of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
The buyer cannot, among other things, withdraw from the purchase contract:
about the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract and if the service has been fully provided,
on the delivery of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the withdrawal period,
on the delivery of goods that have been modified according to the wishes of the buyer, goods made to measure or goods intended specifically for one buyer,
on the delivery of perishable goods, as well as goods that, due to their nature, have been irreversibly mixed with other goods after delivery,
about the delivery of goods in closed packaging, which is not suitable to return for reasons of health protection or for hygienic reasons and whose protective packaging was broken after delivery,
on the delivery of sound recordings, video recordings, audiovisual recordings, books or computer software, if they are sold in protective packaging and the buyer has unpacked this packaging,
on the supply of newspapers, periodicals or magazines, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,
about the delivery of electronic content other than on a physical medium, if its provision began with the express consent of the buyer and the buyer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract,
in other cases referred to in § 7 paragraph 6 of Act No. 102/2014 CFU on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's business premises as amended.
In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
To withdraw from the purchase contract, the buyer can use sample form for withdrawing from the contract provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days after withdrawing from the contract, all funds, including delivery costs, that he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if this does not incur additional costs.
If the buyer has chosen a method other than the cheapest method of delivery of the goods offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to stock out, unavailability of the goods or when the manufacturer, importer or supplier of the goods has stopped the production or importation of the goods. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer.
VIII. Rights from defective performance
The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
the goods have the properties agreed upon by the parties and, if there is no agreement, they have the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on the advertisement made by the seller,
the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
is the goods in the corresponding quantity or weight and
the goods comply with the requirements of legal regulations.
If the defect becomes apparent within six months of the buyer receiving the goods, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise rights from a defect that occurs with consumer goods within 24 months of receipt. This provision does not apply to goods sold at a lower price due to a defect for which a lower price was negotiated, to wear and tear of the goods caused by their normal use, to used goods due to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or if it follows from the nature of the goods.
In the event of a defect, the buyer can submit a claim to the seller and demand:
if it is a defect that can be removed:
free removal of a product defect,
exchange of goods for new goods,
if it is a defect that cannot be removed:
a reasonable discount from the purchase price,
withdraw from the contract.
The buyer has the right to withdraw from the contract,
f the goods have a defect that cannot be removed and which prevents the item from being properly used as a defect-free item,
if he cannot use the goods properly due to the repeated occurrence of a defect or defects after repair,
if he cannot properly use the goods due to a large number of defects in the goods.
The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also at the registered office or place of business. The consumer can also file a complaint with a person designated by the seller. If the consumer's complaint is handled by a person appointed by the seller, the latter can only handle the complaint by handing over the repaired goods, otherwise the complaint will be forwarded to the seller for handling. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what the content of the claim is and what method of handling the claim the buyer requires, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification rejection of the complaint.
If the consumer files a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer of his rights resulting from defective performance. On the basis of the consumer's decision, which he exercises from the rights arising from the defective performance, the Seller or an employee authorized by him or a designated person is obliged to determine the method of processing the complaint immediately, in complex cases within three working days from the day of application of the advertisement, in justified cases, especially if a complex technical evaluation of the condition of the goods is required no later than 30 days from the date of application of the claim. After determining the method of handling the complaint, the complaint, including the removal of the defect, must be handled immediately, while in justified cases the complaint can be handled later. The processing of the complaint, including the removal of the defect, may not take longer than 30 days from the date of the complaint. If this period expires in vain, it is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of application of the claim is considered to be the moment when the buyer's will (exercise of the right from defective performance) is expressed to the seller.
The seller informs the buyer in writing about the result of the complaint, no later than 30 days from the day the complaint was made.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
In the event of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right with the seller within a period of one month after the expiry of the warranty period.
The buyer has the choice of the method of complaint and its handling, if there are several options.
The rights and obligations of the contracting parties regarding rights from defective performance are governed by §§ 499 to 510, § 596 to 600 and § 619 to 627 of Act No. 40/1964 Coll. of the Civil Code, as amended, and Act No. 250/2007 Coll., On Consumer Protection, as amended.
IX Delivery
The parties may deliver all written correspondence to each other via electronic mail.
The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
X. Ochrana osobních údajů
1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
2. The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
3. The seller can entrust the processing of the buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.
4. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
XI. Commercial communications and the storage of cookies
1. The buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain laws (Act on certain information society services), as amended, to the sending of business communications by the seller to e-mail address or phone number of the buyer. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending business communications through a special document.
2. The buyer agrees to save so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
XII. Final Provisions
All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of Act No. 250/2007 CFU on consumer protection, as amended.
All rights to the seller's website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
The seller is not responsible for errors arising as a result of the intervention of third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components making up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
A sample form for withdrawing from the contract is attached to the terms and conditions.
Out-of-court settlement of disputes
1. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.2. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.