Terms and Conditions
BUSINESS TERMS OF JUST LOVE LABEL SRO
- INTRODUCTORY PROVISIONS
1.1 These terms and conditions (" business terms ") of just love label s.r.o., with registered office at Revoluční 1082/8, Nové Město, ZIP code 110 00 Prague 1, ID number: 140 36 002, registered in the commercial register maintained by the Municipal Court in Prague, section C , insert 359297 ("the seller ") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (" Civil Code "), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract ( " purchase contract ") concluded between the seller and another natural person (" buyer ").
1.2 The purchase contract is concluded (i) in person in one of the seller's brick-and-mortar stores on the territory of the Czech Republic using or (ii) remotely, including the environment of the seller's online store operated on a website located at the Internet address www.just.love (the “ website ”) through the website interface (the “ store web interface ”).
1.3 If not expressly stated otherwise, the terms and conditions are also applied proportionately to cases where the person who purchased the goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent performance of a profession, with the exception of the provisions of Article 6.3 of these terms and conditions and selected provisions of the complaints procedure.
1.4 Provisions deviating from these terms and conditions can be individually agreed upon in writing when concluding the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.5 The provisions of these terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language.
1.6 The seller may unilaterally change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
- CONCLUSION OF THE PURCHASE AGREEMENT
2.1 In the case of the purchase of goods directly in one of the seller's brick-and-mortar stores, the purchase contract is concluded by payment or receipt of the goods, whichever occurs first, or by the signing of the order by the buyer.
2.2 In the case of the purchase of goods remotely (especially via the web interface of the store or on the basis of communication via phone or e-mail), the purchase contract is concluded by the acceptance of the order by the seller, whereas such acceptance is considered to be the sending of the goods by the seller to the buyer or explicit acceptance a proposal for the conclusion of a purchase contract by the seller via e-mail or by telephone. If the seller does not accept the relevant order of goods within 14 working days, the buyer is no longer bound by the order.
2.3 The risk of damage to things passes when the buyer takes over the goods.
2.4 The buyer acknowledges that the seller is not obliged to enter into a purchase agreement with the buyer, especially if it is a person who has previously materially violated the purchase agreement or these terms and conditions or a person who is in arrears with the payment of due obligations towards the seller.
- PRICE OF GOODS AND TERMS OF PAYMENT
3.1 The purchase price for the goods is always quoted to the buyer, who is a consumer, including all taxes and fees.
3.2 The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the ways agreed in the order, or confirmation of the order, always depending on the current possibilities of the seller, the type and quantity of ordered goods. The seller is entitled to demand a deposit for the ordered goods from the buyer.
3.3 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 agreed amount, or other costs for the selected services (gift packaging, etc.), as specified by the buyer in the order.
3.4 In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days from the conclusion of the purchase contract; in case of delay in payment of the purchase price, the seller is entitled to withdraw from the relevant purchase contract.
3.5 In the case of non-cash payment by bank transfer, the buyer is obliged to pay the purchase price of the goods to the seller's account together with the indication of the variable payment symbol; these data will be sent to the buyer to the provided electronic address as part of the order confirmation (in the case of goods purchased remotely). 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 account.
3.6 The seller issues a tax document - an invoice - to the buyer regarding the payment (made in cash or non-cash) made on the basis of the purchase contract. The seller is the payer of value added tax in the amount according to the applicable legal regulations of the Czech Republic. Tax document – the seller will issue the invoice to the buyer only after payment of the purchase price of the goods (or part of it in the case of an advance payment), including all requirements resulting from legal regulations on sales records. In the case of the purchase of goods remotely, the seller will send a tax document - invoice in electronic form to the provided electronic address; electronic tax document – the invoice is also available for download in the user account (see article 6.1 of these terms and conditions).
- TRANSPORTATION AND DELIVERY OF GOODS
4.1 The transportation of goods from the concluded purchase contract, if the goods are not taken over directly at one of the seller's brick-and-mortar stores, is carried out by the method chosen by the buyer as part of the order process.
4.2 In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
4.3 If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer, the buyer is obliged to take over the goods upon delivery.
4.4 In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was agreed, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.
4.5 In the case of choosing personal collection of the ordered goods, the buyer must always wait for the delivery of a confirmation e-mail containing an invitation to take over the goods. It will not be possible to pick up the goods before sending such a request. The goods will be available at the pick-up point for 3 working days from the date of sending the request to pick them up.
4.6 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 relevant carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
4.7 Additional rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions, or of the relevant transporter, with which the buyer was introduced in advance.
- DEFECTIVE PERFORMANCE RIGHTS AND QUALITY WARRANTY
5.1 The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection , as amended).
5.2 The buyer acknowledges that, due to the delicate properties of the materials used and their specific maintenance requirements, it is necessary to follow the maintenance instructions on the label or attached maintenance instructions when using and maintaining the goods.
5.3 Other rights and obligations of the parties related to the seller's liability for defects and the quality guarantee are governed by the seller's complaints procedure .
- SOME SPECIFICATIONS OF THE SALE OF GOODS THROUGH THE WEB INTERFACE OF THE STORE
6.1 USER ACCOUNT
6.1.1 Based on the Buyer's registration on the Website, the Buyer may access its user interface (" User Account "). Through his user account, the buyer can order goods. To activate a user account, it is necessary to fill in all the mandatory fields of the registration form and to confirm your agreement with these business terms and conditions for the processing of personal data specified in the Personal Data Processing Policy.
6.1.2 When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered by the seller to be current and correct.
6.1.3 Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. The buyer is not authorized to allow the use of the user account by third parties.
6.1.4 The seller is not responsible for any misuse of the user account by third parties.
6.1.5 The seller is entitled to cancel the user account, especially if (i) the buyer does not use his user account for more than 36 months, (ii) the information entered by the buyer during registration is intentionally incorrect (iii) or if the buyer violates his obligations under the purchase contract and these terms and conditions.
6.1.6 The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
6.2 ORDERING GOODS THROUGH THE WEB INTERFACE OF THE STORE
6.2.1 The buyer executes orders through his user account.
6.2.2 If the web interface of the store allows it, the buyer can also order goods without registration directly from the store's web interface. In order to make a purchase, it is necessary to fill in all the mandatory fields of the order form and to confirm your agreement with these business terms and conditions for the processing of personal data specified in the Principles of Personal Data Processing with each individual purchase.
6.2.3 The buyer acknowledges that the seller is not obliged to enter into a purchase contract regarding the offered goods in justifiable cases. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
6.2.4 The web interface of the store contains information about goods, including the prices of individual goods. The prices of the goods remain valid for the time they are displayed in the web interface of the store, which does not affect the provisions of Article 6.2.16 of these terms and conditions. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
6.2.5 The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods, including the methods of delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. Delivery outside the Czech Republic can only be made on the basis of an individual agreement between the seller and the buyer.
6.2.6 To order goods, the buyer fills in/confirms the order form in the web interface of the store. The order form mainly contains information about:
(a) ordered goods (the buyer places the ordered goods in the electronic shopping cart of the store's web interface);
(b) the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods;
(c) information about the costs associated with the delivery of the goods; and
(d) these business terms and conditions for the processing of personal data referred to in Principles of personal data processing.
6.2.7 Before sending the order to the seller, the store's web interface allows the buyer to check and change the data he entered in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order.
6.2.8 Before sending the order, the buyer is also informed of the final price of the purchase, which includes the sum of the prices for the selected goods placed in the basket, including all related services, taxes or other fees, and the price for transporting these goods.
6.2.9 The order, or the proposal for concluding a purchase contract is sent by the buyer to the seller by clicking on the "COMPLETE ORDER" button. The data listed in the order they are deemed correct by the seller.
6.2.10 Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (" buyer's e-mail address "), while this confirmation is not an acceptance of the proposal to conclude a purchase contract in the sense of the article 2.2 of these terms and conditions.
6.2.11 The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone) before concluding the purchase contract.
6.2.12 The buyer has the right to cancel the order (change and correct it), i.e. withdraw his proposal to conclude a purchase contract, without any sanctions until the moment of acceptance of the proposal to conclude a purchase contract in the sense of Article 2.2 of these terms and conditions.
6.2.13 The seller is entitled not to accept an order that is not made with the consent of the seller in accordance with these terms and conditions, or to return it to the buyer for completion and to give him a reasonable period for this. Its futile expiration results in the buyer's order being considered as an order that was never delivered.
6.2.14 For the avoidance of doubt, the purchase contract is not concluded if the buyer's order is not accepted by the seller or is accepted with a reservation.
6.2.15 The seller reserves the right to any changes to goods and prices in the online store. The offer of goods displayed in the online store, including goods on sale or on sale, is valid only until stocks run out or until the seller's ability to fulfill is lost, while it is valid that the number of discounted products or the validity of the offer must always be specifically stated on the website.
6.2.16 The seller reserves the right in exceptional cases not to deliver the ordered goods to the buyer, especially in the event that the web interface of the store mistakenly provided obviously incorrect or non-standard data, especially about the selected goods, their price or delivery date, or if the goods are sold out and permanently unavailable from the supplier. In such cases, the seller undertakes to return to the buyer the financial amount paid on the basis of the purchase contract.
6.2.17 By concluding the purchase contract, the buyer (whether with or without registration) agrees to these terms and conditions and declares that he had the opportunity to familiarize himself with these terms and conditions before concluding it. These terms and conditions are available to the buyer at any time at the following address: www.just.love and are also sent to the buyer in an e-mail attachment at the same time as confirmation of receipt (acceptance) of the order in accordance with Article 2.2 of these terms and conditions.
6.2.18 The buyer agrees to use remote means of communication when concluding the 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 covered by the buyer himself.
6.2.19 Information about completed orders and concluded purchase contracts is archived in the store's web interface for a period of at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations. This information is not accessible to third parties.
6.3 WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE BUYER-CONSUMER
6.3.1 The buyer, who is a consumer, acknowledges that according to § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer.
6.3.2 If it is not a case mentioned in Article 6.3.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract according to the applicable legal regulations, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code withdraw, within 14 days of taking over the goods, while if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of taking over the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller in writing within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use sample form provided by the seller, which forms an appendix to these terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address specified in the form.
6.3.3 Within 10 days from the return of the goods by the buyer according to Article 6.3.2. terms and conditions, the seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are not damaged, worn or partially consumed.
6.3.4 In the case of withdrawal from the purchase contract according to Article 6.3.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 14 days of withdrawal from the contract by the buyer. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
6.3.5 The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller has a claim against the buyer for compensation for the resulting damage. The buyer is responsible for the reduction in the value of the goods as a result of handling the goods in a way other than that which is necessary to familiarize himself with the nature and properties of the goods, including their functionality. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the buyer's claim for a refund of the purchase price. If the goods can no longer be returned - they have been destroyed or consumed, the buyer must provide a monetary compensation as a consideration for what can no longer be issued.
6.3.6 In the event of withdrawal from the contract according to Article 6.3.2 of the terms and conditions, the seller will return the funds, i.e. the price of the goods, including the costs of delivery of the goods, received from the buyer within 14 days of the buyer's withdrawal from the purchase contract, in the same way as is accepted by the seller from the buyer. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will reimburse the buyer for the cost of delivery of the goods only in the amount corresponding to the cheapest method of delivery of the goods offered. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him.
6.3.7 The seller is entitled to unilaterally set off the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.
6.3.8 In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the time the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
6.3.9 If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged together with the goods return the provided gift to the seller.
6.3.10 The provisions of this article 6.3 shall be applied similarly to the relations between the seller and the buyer from the purchase contract concluded remotely outside the web interface environment of the store.
6.3.11 The seller is entitled to withdraw from the purchase contract concluded with the buyer in the event of an obvious error in the price of the goods (i.e. prices clearly different from the usual price for this type/type of goods), unless it is clearly stated for the goods in question that about "extraordinary discount" or "promotion" or other indication of similar meaning. An obvious error in the price of the goods is considered, for example, to enter the first (last) three digits incorrectly instead of four, an obviously low price of the goods (for example, an 80% lower price than is usual for this kind and type of goods) and other obvious writing errors. In the event that this situation occurs, the seller will immediately contact the buyer in order to agree on the next course of action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account in the shortest possible time.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1 In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
7.2 The buyer acknowledges that the software and other components making up the website (including photographs of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the web interface of the store.
7.3 When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on its operation. The web interface of the store can only be used to the extent that it does not infringe on the rights of other customers of the seller, and which is in accordance with its purpose. The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of the use of the website and the internet interface of the store contrary to its purpose.
7.2 The seller handles consumer complaints via the electronic address email@example.com. The seller will send information about handling the buyer's complaint to the buyer's email address.
7.3 Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://www.coi.cz . The online dispute resolution platform located at the Internet address https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
7.4 European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is a point of contact according to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC ( regulation on the resolution of consumer disputes online).
- PROTECTION OF PERSONAL DATA
8.1 In order to fulfill the purchase contract, the seller processes the personal data of the buyer, in accordance with the General Regulation on the Protection of Personal Data (EU) 2016/679, Act No. 110/2019 Coll., on the Processing of Personal Data, and other subsequent or implementing regulations in the field of personal data protection. These data include, in particular, data that the buyer provides when concluding the purchase contract or that he provides in the framework of mutual communication with the seller.
8.2 More detailed information on the processing of personal data, including the issue of storing so-called cookies on the buyer's computer, is contained in a separate document Principles of personal data processing, which is part of every purchase contract.
- FINAL PROVISIONS
9.1 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
9.2 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
9.3 The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract and the complaint procedure.
9.4 The specific terms of the Customer Loyalty Program (if established) will be set out in a separate document available on the Website.
9.5 Current contact details of the seller are listed on the website.
9.6 These terms and conditions are valid and effective from 1 October 2022.