- General provisions
1.1. These General Terms and Conditions govern the rights and obligations of the Contracting Parties arising from a remote contract between Tereza Krček, Žerotínova 1674/55, Praha 3, 130 00, CRN (IČO) 02189101 registered with the Czech Trade Register (hereinafter referred to as the “Seller”) and the Buyer, the subject of which is the purchase and sale of goods, as well as the delivery of custom-made goods on the Seller’s Web site titled www.easycrafts4kids.com, www.eshop.mamadodeste.cz (hereinafter referred to as the „E-shop“).
The Seller’s contact details are as follows:
Phone number: +420 777 537 754
Account number for payments in EUR ONLY
- IBAN: CZ3420100000002901690554
- BIC/SWIFT: FIOBCZPPXXX
Please do not pay for the ordered goods unless you receive payment details to your E-mail.
1.2. The General Terms and Conditions are an integral part of the Contract of Sale. If the Seller and the Buyer conclude a written Contract of Sale in which they agree on the terms which are different from the General Terms and Conditions, the provisions of the Contract of Sale shall refer to the General Terms and Conditions.
1.3. Key definitions:
- E-shop – a computer system located in the Internet network with public access that enables to purchase goods.
- Buyer – a person or legal entity who has concluded a Contract of Sale with the Seller.
- Consumer – a person who is acting for the purposes which are outside their line of business, employment or profession, when concluding and performing the Contract.
- Goods – products that are in the current offer of the E-shop www.easycrafts4kids.com. The term “goods” shall mean “new goods”, “used goods” and “custom-made goods” unless the context indicates otherwise.
- New goods – goods that have not been used and are in the manufacturer’s original packaging, including all accessories.
- Used goods – goods which have already been used and are designated as “used goods”. The Buyer takes into account that the used goods may be worn out or may have defects caused by their use. The condition of the goods is specified on the E-shop in its description and any defects or wear and tear are taken into account in the price of the goods.
- Purchase price – total price in which the price of the goods is included, including the cost of delivery.
1.4. These General Terms and Conditions shall also govern the rights and obligations of the Contracting Parties when goods are borrowed via the E-shop.
- Electronic ordering and conclusion of the Contract of Sale
2.1. An electronic order for the purpose of delivering the goods shall mean:
2.1.1. An electronic form containing information about the Buyer, a list of ordered goods from the offer of the E-shop www.easycrafts4kids.com, the total price of such goods and the delivery cost, the payment method and the delivery method processed by the electronic commerce system.
2.2. An electronic order for the delivery of custom-made goods shall mean:
2.2.1. An electronic form which contains information about the Buyer, the total price of such goods and the delivery cost, the payment method and the delivery method processed by the electronic commerce system.
2.3. The validity of an electronic order is conditioned by the provision of all required information in the registration form by the Buyer, including their phone contact.
2.4. The Contract of sale is concluded at the moment of acceptance of the contract by notification of the receipt of the order by the Seller’s electronic system.
- Price terms
3.1. When ordering goods, a price published as the price of the goods shall apply to the goods. Selling prices in the E-shop shall be displayed in Euro OR in USD. The delivery cost of goods or cost of custom-made production are not included in the price of goods; they will be added to the price of goods, according to the General Terms and Conditions.
3.2. Special offers and any other discounts shall apply for the period during which the special offer stands, and subject to the conditions specified for each special offer or discount separately. Various special offers and discounts can not be combined unless stated otherwise.
- Method of payment
4.1. Cashless bank transfer to the bank account of the Seller – after receiving a request for payment and receipt of the necessary data by e-mail sent by the Seller, the Buyer shall transfer the total amount for the ordered goods (purchase price) to the account kept by the bank Fio Banka, IBAN: CZ3420100000002901690554, BIC/SWIFT: FIOBCZPPXXX , and the invoice number, or pro forma invoice number for the delivery of custom-made goods indicate the variable symbol, and the first name and surname of the Buyer shall be entered in the note for the payment. The Order will be processed after the total amount of the purchase price has been credited to the Seller’s account within the delivery periods referred to in Art. 5 of these General Terms and Conditions. In case of termination of the contract, the payment shall be refunded to the buyer’s account in full amount.
4.2. Pay Pall for payment in USD.
- Delivery terms
5.1. Delivery of ordered goods is processed in the shortest possible time depending on the availability of the goods and the Seller’s operational possibilities. The Seller shall send all goods indicated as available in stock within 72 hours of order confirmation, or, if paid in advance by bank transfer, the goods will be shipped within 72 hours of receiving the total amount of the purchase price in the Seller’s account.
- Withdrawal from the Contract of Sale
6.1. The Seller has the right to withdraw from the Contract of Sale in the following cases:
- if the Contract of Sale cannot be executed due to reasons caused by the Buyer and the Buyer fails to provide the Seller with the necessary assistance upon written request (incorrect contact details, the Buyer’s lack of communication with the Seller, etc.)
- if the Buyer has not accepted the order within five working days from the day on which the Buyer was required to accept it,
- in case of damage to the goods upon dispatch of the order, while the seller cannot fulfil the order due to the current unavailability of such goods in stock,
- if the goods, at the time of the order, are out of stock, are no longer produced or delivered or the price has changed significantly with the Supplier of the goods and for these reasons the Seller is not able to deliver the goods to the Buyer or to deliver it at a price indicated in the E-shop,
- in the event that the Buyer has not previously accepted the goods or otherwise violated these General Terms and Conditions or is the Seller’s debtor.
- in case of the supply of custom-made goods, if the Buyer fails to provide the Seller with the necessary assistance (the Buyer has supplied an unsatisfactory, poor quality fabric (textile)).
6.2. In the event that the Buyer has paid to the Buyer the purchase price or part thereof at the time of termination of the Contract of Sale due to withdrawal from the contract by the Seller, the Seller shall return the already paid purchase price or part thereof within 14 days after the expiration of the Contract of Sale by transferring it to the Buyer’s bank account unless the Contracting Parties agree to refund the purchase price otherwise.
6.3. 14 day cooling off period (right to cancel and return your order within 14 days, for any reason and without a justification): Buyer, who is a consumer (who is a resident in the European union), complies with the provisions of § 7 (1) of Act No. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the Seller, as amended (hereinafter referred to as “Act No. 102/2014 Coll.), is entitled to withdraw from the Contract of Sale within 14 calendar days from taking over the goods, without giving any reason. If the Buyer makes use of the right to withdraw from the contract, without giving any reason, the Buyer shall bear the cost of returning the goods (postage), even if the goods can not be returned by post concerning the nature of the goods. This provision does not apply on a Contract of Sale concluded with a Buyer who is non residing in the European union also it is does not apply to an electronic license.
- Warranty terms and conditions and return policy
7.1. The Seller shall be liable for defects of the goods on delivery and for defects which occur on the goods during the warranty period. The Seller shall not be responsible for defects which were caused by wear and tear of the goods associated with using. The Seller shall not be liable for a defect for which a lower price has been agreed upon.
7.2. When the Buyer is a consumer, the warranty period shall be 24 months for new goods and 12 months for used goods. Where the Buyer is a person other than a consumer, in particular a legal entity, the warranty period for new and used goods shall be 12 months. The warranty period shall run from the date of receipt of the goods by the Buyer or authorized representative.
7.3. Complaints handling procedure subjects to warranty terms in force. The Buyer confirms by sending an order to the Seller that he/she has been fully informed of the conditions and the method of claiming the goods, which includes the information where a complaint can be lodged, in accordance with the provisions of § 18 (1) Act No. 250/2007 Coll. on Consumer Protection amending the Act No. 372/1990 Coll. on misdemeanors, as amended (hereinafter referred to as “Consumer Protection Act”) and Act No. 102/2014 Coll.
7.4. The warranty terms and conditions shall apply to goods purchased by the Buyer from the Seller via the e-shop www.easycrafts4kids.com.
7.5. The Buyer has the right to set up a claim to warranty only for the goods with defects purchased from the Seller.
7.6. The Buyer is obliged to complain about defects of the goods to the Seller, without unreasonable delay; otherwise, this right of the Buyer expires. The day of claim submission is considered to be the day of delivery of the written claim to the seller, whereupon the buyer is obliged to hand over the claimed goods to the Seller. Postage shall be paid by the Buyer when sending the returned goods.
7.7. The Buyer is recommended to examine the goods upon receipt.
7.8. If the goods have defects, the Buyer has the right to make a complaint by describing in a written complaint the nature of the defect and the proposed method of handling the claim. If the goods do not have the agreed properties, and the defect can be repaired, the Buyer has the right to for the goods to be repaired free of charge, on time and accurately. The Seller is obliged to remove the defect without delay. Instead of removing the defect, the Buyer may also require replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part if this does not incur disproportionate costs concerning the price of the goods or the severity of the defect. Instead of removing the defect, the Seller may always replace defective goods with new goods, provided that this does not cause severe difficulties for the Buyer.
7.9. The Seller shall issue a receipt of the received claim in an appropriate form chosen by the Seller, e.g. as an e-mail message or in written form.
7.10. The Buyer has no right to warranty for the defects of which the Seller notified the Buyer at the time of conclusion of the contract or of which the Buyer had to be aware considering the circumstances under which the purchase contract was concluded (i.e. lower price).
7.11. The Seller is obliged to resolve the complaint and terminate complaints procedure by handing over the repaired goods, replacement of goods, refunding the purchase price of the goods, sending a written notice with request for receipt of performance, providing a reasonable discount on the price of the goods or an explained rejection of the claim.
7.12. The resolution of the claim shall only apply to defects listed in the description of defects when the complaint is lodged.
7.13. With respect to a removable defect, the claim shall be settled in such a way that the Seller will provide for the removal of the defect. The Seller may replace a defective item with an indefectible item instead of removing the defect.
7.14. As for a defect that cannot be removed and which disable the goods from being correctly used, the Buyer has the right to exchange the item or to withdraw from the Contract (unless the Buyer is a resident of non-EU country) or is entitled to a reasonable discount on the price of the goods.
7.15. If goods sold at a lower price or used goods have a defect for which the Seller is responsible, the Buyer has the right for a reasonable discount instead of the right to have the goods replaced
8.21. The warranty period shall be extended for the period during which the Buyer is not able to use the goods due to the warranty repair of the goods.
- Privacy, e-shop registration and copyright
9.1. E-shop visitor can register in the e-shop and become a registered user.
9.2. Registration in the e-shop is possible by filling in the registration data and expressing the voluntary consent to registration, giving the registered user the opportunity to manage their orders online, the possibility of making future purchases without having to re-enter contact information, the ability to track purchase history and take advantage of the seller’s loyalty program, ie services provided by the Seller free of charge. A registered user bears only the price for the use of means of long-distance communication, which he will use when accessing the e-shop and during registration.
9.3. Possible complications during registration in e-shop or errors associated with a user account shall be reported the Seller. The Seller does not guarantee that the system, thus the user account will be available non-stop, mainly for reasons of necessary updates and necessary repairs of software and hardware equipment.
9.4. The user account of the registered user is protected by the login name, or e-mail address and password. The registered user is responsible for securing this login data against loss and misuse.
9.5. A registered user can cancel his / her user account in the e-shop at any time and without any restrictions.
9.6. The Seller may cancel the user account if the registered user has not used this account for more than 1 year or if the registered user violates his/her obligations arising from these Conditions.
9.7. If the registered user submits in the e-shop any comment or rating on the products of the Seller, eventually a photo or other copyrighted work, the registered user granted the seller free, exclusive, territorial and time-unlimited license to publish such work for further modification and commercial use by the seller. The registered user is obliged to refrain from submitting such actions in the e-shop that would violate generally binding legal regulations, in particular those which would, without consent, interfere with the personal or copyright rights of 3. persons which would offend the public with content or incite violence, which content is vulgar or otherwise manifestly inappropriate.
General information on processing and protection of personal data:
The Seller also points out that at the conclusion of the contract, the identification and contact data entered by the Buyer in its order are processed in order to fulfil the rights and obligations arising from this contract, which is also the legal basis of data processing for the purpose of processing. The Buyer acknowledges that without the voluntary disclosure of such data, the conclusion and performance of the contract would not be possible.
Personal data for the purposes of the contract shall be processed for the duration of the statutory obligations of the seller arising from generally binding legal regulations, particularly the Civil Code, the Consumer Protection Act in the sale of goods or provision of services by the distance contract or contracts concluded away from business premises of the seller, Act on Archives and Registries, Act on Accounting and Act on VAT, i.e. for at least 10 years. Personal data for the purpose of registration in the e-shop will be processed for the duration of the buyer’s interest in using the user account and services associated with registration in the e-shop.
The processing of the Buyer’s personal data may be entrusted to the provider of the e-shop to ensure the proper functioning of the e-shop and to CRM system administrator of the seller (e.g. independent programmers), accounting service provider when accounting the tax documents of the seller. There will be no automated decision-making or profiling based on the processing of the Buyer’s personal data, and the Seller does not intend to provide personal data to a third country, international organization or third parties, except for an intermediary. In particular, the Buyer has the right to request from the Seller access to his/her personal data, their correction or erasure, or the restriction of processing, the right to withdraw his/her consent to the processing of personal data in connection with registration in the e-shop, the right to file a complaint with the Office for Personal Data Protection. The possibility of purchasing goods in the e-shop and the possibility of registering in the e-shop are not primarily intended for buyers under 16 years of age.
- Final provisions
10.1. The Seller reserves the right to change these General terms and conditions. The obligation to notify the change in writing in these General Terms and Conditions shall be fulfilled by placing it on the www.easycrafts4kids.com.
10.2. The Buyer declares that he/she has familiarized himself/herself with these General Terms and Conditions and agrees with them before filling in the order.
10.3. Any disputes arising out of, or in connection with, the Contract will be dealt with by the Contracting Parties primarily by agreement. If the agreement is not possible, the courts of the Czech Republic are competent to resolve disputes.
4.10 The Consumer has the right to contact the Seller to request corrective action if not satisfied with the way the seller has settled his complaint or if he/she considers that the Seller has violated his rights. If the Seller responds negatively to the Consumer’s request or fails to reply to it within 30 days of the date of dispatch, the Consumer shall have the right to make an application for an alternative dispute resolution (ADR). Only disputes arising from the contract between the Seller and the Consumer, and disputes related to this contract, except for disputes under the provisions of Art. § 1 par. 4 of Act no. 391/2015 Coll., and disputes where the value does not exceed € 20. An application to initiate an ADR is submitted to an ADR entity, which is the Czech Trade Inspection, under Art. Section 3 of the cited Act, using a special platform, or a form, designated for this purpose. This form is attached to Annex no. 1 of the cited Act. Other ADR entities are listed at http://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1. An ADR entity may require the consumer to pay a fee for starting an ADR, up to a maximum of EUR 5 with VAT. Where several ADR entities are competent, the consumer shall have the right to choose which of them to propose. In addition to ADR, the consumer has the right to apply to the competent local court of general jurisdiction. The ARS platform is available at https://ec.europa.eu/consumers/odr/main.
10.5. The Seller is not bound by any codes of conduct in relation to the Consumer.
10.6. The relations not regulated by these General Terms and Conditions are subject to the valid legal regulations of the Czech Republic, in particular, the relevant provisions of the Civil Code, the Commercial Code, Act no. 120/2001 Coll. on consumer protection.
10.7 Unless otherwise stated in a written agreement between the Seller and the Buyer, or by law, these Terms and Conditions shall apply to all relations between the Seller and the Buyer. The Contracting Parties shall conclude the Contract in accordance with the provisions of Art. 6 paragraph 2 of Regulation No. 593/2008 / EC agreed that the issues not regulated by these Terms and Conditions are governed by the laws and other generally binding legal regulations of the Czech Republic (hereinafter collectively referred to as the “Applicable Law”). If the Buyer is a Consumer and some of its rights and obligations under these Terms and Conditions and Applicable Law are governed by the law of the country in which it has its domicile differently governed by the law, the more favourable legislation to the Buyer shall be used.
10.8. These General Terms and Conditions become effective in relation to the Buyer by the conclusion of the Contract of Sale.
In Prague, on 29 January 2020