info@charmofhome.com

General Terms and Conditions of Sale

 

 

These General Terms and Conditions of Sale (hereinafter referred to as the “Terms“) apply to contracts negotiated via the online shop Charm of home, placed on the website www.charmofhome.com (hereinafter referred to as the “website”) between an entrepreneur

 

Šárka Marková, with registered office at Slepá 128, 282 01 Doubravčice

registration No: 69030944

is not subject to VAT

registered in the Trade Licensing Register maintained by Municipal office Český Brod

delivery address: Šárka Marková, Slepá 128, 282 01 Doubravčice

contact email: info@charmofhome.com

 

as the seller

and you as the buyer.

1. GENERAL PROVISIONS

1.1. Summary of Terms

By the contract of sale, we undertake to deliver you the goods as specified in your purchase order, whereas you undertake to take over such goods and pay the whole purchase price as specified in the order. For conclusion of the contract, your order and our acceptance of the order is needed (according to Article 2). Information about prices are laid down in Article 3. Possible methods of payments and delivery can be found in Articles 4 and 5. Information about the possibility to withdraw from the contract after taking over the goods appear in Article 6. Rights from defective performance are governed by our Warranty Claim Guidelines.

 

 

1.2. Is the contract a consumer contract?

The contract is a consumer contract in case you are a consumer, i.e. if you are an individual person and your purchase is not connected to trade, business or profession. Otherwise, the contract is not a consumer contract and you are not provided the consumer protection under the law and the Terms.

 

1.3. What governs our legal relationship?

Our legal relationship is governed by the contract, which consists of the following documents: - the Terms, which define and specify our mutual rights and obligations;
- Warranty Claim Guidelines, which we will follow in case of any warranty claims of the goods;
- Privacy Policy, which governs the protection of your personal data;
- any conditions and instructions stipulated on the website, especially when concluding the contract;
- the purchase order and its acceptance from our side; and in any matters not covered by the contract are our reciprocal rights and obligations governed by the following legislation:
- Act no. 89/2012 Sb., the Civil Code, as amended, (hereinafter referred to as the „Civil Code“);
- Act no. 634/1992 Sb., on Consumer Protection, as amended (only if you are a consumer). Please note, that in case your residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.

 

1.4. How do you express your consent with the Terms?

You express the consent and the acquaintance with the Terms by sending a purchase order and also by confirming the acknowledgement of the Terms on the website.

 

1.5. What else should you know concerning the Terms?

In the case of nullity, inefficacy or inapplicability of any provision of the Terms (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. The validity of other provisions is not affected by such cases. We are allowed to alter or amend the Terms. Your rights and obligations are always governed by the version of the Terms amended in the time of its emergence. It is possible to alter or amend the Terms in written way only. If the provision of the Terms is related to goods, such a provision applies to vouchers adequately.

2. THE CONTRACT OF SALE

2.1. How do we conclude the contract of sale?

For concluding the contract of sale, it is necessary that you send a purchase order under the requirements with these Terms and to accept such purchase order from our site. Presentation of the goods (eventually vouchers) is only for your information and it is not our offer for concluding a contract of sale in the meaning of Section 1732 par. 2 of the Civil Code.

 

2.2. How to submit an order?

You can always submit an order via our website (by filling a form), or by any other way currently allowed on our website. The order must contain all the information required in the form. Before sending a binding purchase order, you will be given a recapitulation of your order including the final price (containing all the taxes, duties and charges). Please note, that within recapitulation you have the last chance to change the inserted information. You submit the binding purchase order by clicking the button „.Confirm the order“. We consider the data in the binding purchase order to be correct and complete. In case of any change, please, inform us without undue delay via email or telephone.

 

2.3. Is it possible to cancel or change an already sent order?

You can cancel an order which has not been accepted by us yet by telephone or via email. All orders accepted by us are binding. Later cancellation of the order is only possible by an agreement with us. If you cancel an order of the goods, among which it is not possible to withdraw from the contract (see Article 6), we are entitled to claim the reimbursement of the costs already expended by us to that time.

 

2.4. How to find out that an order has been accepted by us and when is the contract concluded?

We will inform you about the receipt of an order. The information about receipt of an order is sent automatically and can´t be considered to be an acceptance of order. The contract of sale is concluded as of the moment of the delivery of our acceptance of the purchase order from us to you. Should it be the case you do not receive the acceptance, the contract is concluded as of the moment of payment of the total price or as of the moment you take over the goods (whichever occurs first).

 

2.5. Is it possible to obtain a contract in text form? Documents forming the contract will be sent to you via e-mail or can be printed and sent per post at your request. We can demand recovering of the related costs when sending per post. The contract of sale (including the Terms) is maintained by us in an electronic form. The contract of sale is not accessible to third parties.

3. PRICE

3.1. Is it possible that the price showed on the website will be changed?

If the price of the goods showed on the website or within the purchase order process is not up-to-date, we will inform you in such respect without undue delay. Orders which have been already sent, are not affected by the change of the price which occurred within the period beginning by sending of the order and ending by its acceptance from us according to Article 2.1 of the Terms. In case a wholly obvious technical error regarding the price occurred on the website or within the purchase order process, we are not obliged to deliver you any goods for this wholly obvious incorrect price.

 

3.2. Is it possible to combine sales from the price of the goods?

Possible sales from the price of the goods are not allowed to combine, otherwise there is explicitly mentioned something else on the website.

4. PAYMENT CONDITIONS

4.1. What payment methods are accepted?

The purchase price can be paid mainly by the following manners: - cashless by payment card prior the delivery trough payment services GoPay.
Any other payment methods and potential extra fees connected with some payment methods are stated on the website.

 

4.2. When is the price due?

In case of a cash payment, the purchase price is due as of the take over the goods. In case of a non-cash payment, the purchase price is due within five days from the acceptance of the order according to Article 2.3 of the Terms. Your obligation to pay the purchase price, when using a non-cash payment method, is fulfilled as of the moment, we receive the respective payment at our bank account. If we won´t receive the price, when it is due, we have the right to withdraw from the contract.

 

4.3. May we ask for a deposit or a payment in advance?

Be aware that we are entitled to ask you for payment in advance (or deposit) before sending or the delivery of the goods in accordance with § 2119 par. 1 of the Civil Code.

 

4.4. How do we issue the bills in accordance with the Electronic Registration of Sales and invoices?

By expressing a consent with these Terms, you are also expressing consent with the issuing of the bills in accordance with the Act No. 112/2016 Sb., the Registration of Sales, as amended, and invoice electronic way.

5. DELIVERY CONDITIONS

5.1. How do we send the goods?

Delivery methods of the goods are stated on our website. You can choose the respective delivery method at the purchase order. Voucher is sent in electronic version in PDF format, or by other methods, which are stayed on website. In the purchase order the final price including the delivery costs corresponding to your selection will be always stated.

 

5.2. When the goods will be delivered to you?

The time of delivery of the goods is always depending on the availability of the goods and on the chosen method of transport and payment. The time of delivery of the goods by the carrier we can´t grant. In case of any problems related to the time of delivery please contact us and we will try to solve this situation. The goods available in stock are handed over to a carrier usually within two working days from the acceptance of the order (at cash on delivery or personal collection), eventually from the moment your payment is credited to our bank account (in case of a non-cash payment). The goods not available in stock are handed over to a carrier as soon as possible. We will inform you about the exact date. The vouchers are sent electronically usually within 24 hours from the acceptance of the order. The delivery of the goods or vouchers under the Terms means the moment when the goods or vouchers are delivered to you. Should you refuse to accept the goods without just reason, such non-acceptance is considered neither as the failure of our obligation to deliver the goods, nor as a withdrawal from the contract from your side. You acquire the ownership of the goods by paying the whole purchase price.

 

5.3. How to proceed when taking over the goods?

You should check the integrity of the packaging at the delivery. Should you find any deficiencies, please, inform us and the carrier immediately. If you refuse a delivery with damaged packaging, it is not considered as unjustified refusal of the goods. As of the moment of taking over the goods (or as of the moment you had the obligation to take over the goods, but you refused to do so contrary to the contract) the liability for accidental destruction, damage or loss of the goods passes on you.

 

5.4. What happens, if you do not take over the goods?

You are obligated to pay the costs associated with the re-delivery, if the goods have to be delivered repeatedly or by other means of delivery due to the reasons on your side. Should you not accept the goods, we are entitled to the reimbursement of the costs associated with the delivery or re-delivery and its storage, as well as other costs that arise due to not accepting the goods. In case the payment is in cash when sending the goods by cash on delivery or at the time of personal collection, we have the right to withdraw from the contract. If you have already paid the purchase price (in case of a non-cash payment), further we have the right to approach self-help sale in accordance with § 2126 of the Civil Code.

6. APPLICATION OF THE VOUCHER

6.1. How to apply the voucher?

For the application of the voucher it is necessary to apply the voucher which has be sent to you on the bases of your order at our company. On the voucher the following data are set on: - amount, which is object of the voucher;
- our identification data, including potential address of business premises or website, where you can apply the voucher;
- due of the voucher which is 6 months from the acceptance of the order;
- unique number code of the voucher;
- the way, how to apply the voucher.

 

6.2. Is the application of the voucher limited?

The voucher can only be used once. Voucher is portable and convertible to another person also for consideration. Person, who puts forward legally obtained voucher, have the same rights as the person, who bought the voucher. The voucher cannot be exchanged for another voucher or cannot be exchanged for money. Total value of the voucher must be lower or same as the price of total value of the ordered goods or service. The rest of the purchase price can be payed by other payment methods. If the purchase price of subsequently ordered goods or services is lower than value of voucher, we do not return the difference between these amounts. The period the voucher can be used within is limited. The voucher can be applied at the latest in the last day of due of the voucher. Extending the due of the voucher is not possible.

 

6.3. When we can refuse the voucher?

Be aware that in specific situation we can refuse acceptance of the voucher, especially when: - the voucher was submitted after expired validity;
- the voucher has been already applied;
- the voucher was invalidated, because of the withdrawal from the contract.

7. WITHDRAWAL FROM THE CONTRACT

7.1. How can you withdraw from the contract?

If you are a consumer, you can withdraw from the contract within 14 days from the day of accepting the goods; if the delivery is divided into several parts, then from the date of the final delivery. We recommend you send a notice of withdrawal from the contract to our delivery address with the goods or to our contact email and to send the goods to our contact address without delay. You can use a template form for the withdrawal from the contract.

 

7.2. What are the consequences of the withdrawal?

By withdrawal the contract is cancelled from the beginning and is considered as never concluded. If the gift was provided together with the goods, such a donation contract is void as of the withdrawal from the contract by any of the parties. Please return the gift to us together with the returned goods.

 

7.3. How do you return the goods?

You are obliged to return us the goods within 14 days from the withdrawal from the contract to our delivery address, to any of our business premises or to the address of our registered seat. Do not send the goods by the mean of cash on delivery. We are not obliged to accept the goods sent via the cash on delivery. To the returned goods, we recommend to attach: - a copy of the delivery note and the invoice, if these documents were issued, or any other document evidencing the purchase of the goods;
- a written statement on the withdrawal from the contract (by using our template form or by any other way) and on the selected method of refund (bank transfer, personal collection or postal order or any other way). Please provide us with the delivery address, telephone number and email in the statement.
Not providing with any of the above-mentioned documents shall not preclude a positive handling of your withdrawal from the contract according to law.

 

7.4. When do you get your money back?

We will refund all the received money within 14 days from the withdrawal from the contract. Please note however, that we are not obliged to refund you the money before you return the goods or prove its sending back to us. Among the purchase price you are entitled also to a refund of the costs of the delivery of the goods to you. However, if you chose other than the cheapest delivery method, which we offer, we will refund you the costs of the delivery of the goods in the amount corresponding to the cheapest offered way of the delivery. We will refund you the money by the same way as we have received them (should you not provide us with any other way within 10 days from the withdrawal and you will have no additional costs with this way) or by the way you choose. The costs of the delivery of the returned goods on our address are borne by you, even if the goods cannot be returned via the usual postal service due to its nature.

 

7.5. What if the returned goods were damaged?

When returning the goods, please, wrap it to a suitable packaging to avoid its damage or destruction. Should we find out that the returned goods are damaged, worn, dirty or partially consumed, we are entitled to claim for damages.

 

7.6. When you cannot withdraw from the contract?

It is not possible to withdraw from the contract, inter alia, in cases, which are mentioned in Section 1837 of the Civil code. Be aware, that in case of the voucher, the essence of the voucher is not to have property rights to the voucher, but the essence of the voucher is to fulfil the right, which is mentioned on the voucher. So, the voucher has nature of service. For this reason, you do not have the right to withdraw from the contract according with Section 1837 paragraph a) of the Civil code in the case, when you apply the voucher during period for withdrawal from the contract. By ordering the voucher you are aware this fact and you accept it.

 

7.7. When we can withdraw from the contract?

We reserved the right to withdraw from the contract in the following cases: - we do not received the purchase price in the time of it's due or you do not take over the goods;
- the goods cannot be supplied under the original terms (mainly because the goods are no longer manufactured, the supplier ceased to supply to the Czech Republic etc.);
- the performance becomes objectively impossible or illegal.
Should any of the above mention situations occur, we will inform you about our withdrawal from the contract without undue delay. The withdrawal is effective upon the delivery to you. If you have already fully or partly paid the purchase price, we will refund you the received amount to the bank account you provide us for this purpose or to the bank account from which you made the payment. The money is returned within five days from the withdrawal from the contract.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

Your rights from defective performance are governed by the relevant legislation (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). In exercising of the rights from a defective performance we will proceed in accordance with our Warranty Claim Guidelines.

9. OTHER INFORMATIONS FOR CONSUMERS

9.1. What permissions do we have for the performance of our activities?

We are a holder of a trade licence for the sale of the goods. Our activity is not subject to any other permissions.

 

9.2. How do we handle the complaints?

We handle any complaints via our contact email. Furthermore, you can contact the respective Trade Office or Czech Trade Inspection.

 

9.3. What rights may you exercise in dispute arising from the contract?

If a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute. If you are dissatisfied with goods or services purchased, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.

10. REGISTRATION ON THE WEBSITE

10.1. How can you register on the website?

By the registration via the registration form situated on the website is created a user account. Keep the access data to the user account in secret. We are not responsible for any misuse of the user account by a third party. Information provided within the registration must be truthful and complete. We are authorised to delete an account, created with false or incomplete data, without any compensation. In case of change of your user details we recommend their change in the user account without undue delay.

 

10.2. For which purposes is user account created?

Through the user account you can primarily make and track your purchase orders and manage the user account. Any other features of the user account are always stated on the website.

 

10.3. When do we have the right to delete you user account?

Note that we have the right to delete your user account without any compensation, if violation of good manners, valid legal regulation or these Terms occurs via your user account.

11. COPYRIGHT PROTECTION, LIABILITY AND USING THE WEBSITE

11.1. Is the website content under copyright protection?

The content placed on the website (texts, photographs, images, logos etc.), including the software and these Terms, is protected by our copyright and may be protected by other rights of other persons. You are forbidden to modify, copy, reproduce, distribute or use it for any purpose without our consent or consent of a copyright holder. In particular, it is forbidden to make available any photos and texts placed on the website either paid or free of charge. The names and designations of products, goods, services, firm and company names can be registered trademarks of their respective owners.

 

11.2. Liability and using the website

We are not liable for errors originating due to interference of third persons with the website or due to its use contrary to its purpose. While using the website you cannot use any mechanisms, software, scripts or other processes which could have a negative impact on its operation, i.e. mainly interfere with the function of the system or unreasonably burden the system. If you commit any illegal or unethical act during the use of the website, we are entitled to restrict, suspend or terminate your access to the website without any compensation. In this case, you are obliged to pay us compensation for the damage, which we clearly incurred due to your acts under this paragraph, in full amount. Note that by clicking on certain links on the website you may exit the website and be redirected to websites of third parties.

 

The Terms of Use of the Website are valid and effective as of 01.12.2017

 

 

Warranty Claim Guidelines

 

The Warranty Claim Guidelines regulate the manner and the conditions of warranty claims for defective goods purchased through the online shop Charm of home of an entrepreneur:

Šárka Marková, with registered office at Slepá 128, 282 01 Doubravčice

Registration No: 69030944

is not subject to VAT

registered in the Trade Licensing Register maintained by Municipal office Český Brod

Delivery address: Šárka Marková, Slepá 128, 282 01 Doubravčice

Contact email: info@charmofhome.com

1. What defects are we liable for?

1.1. As the seller we are liable that the goods have no defects as of the moment of its takeover. This means that the goods: - have characteristics, which have been negotiated between us, which we describe, or which you could expect with regard to the nature of the goods and on the basis of an advertisement;
- have the right quantity, measure or weight;
- meet the requirements laid down by legal regulations;
- are suitable to be used for the purpose we state or to which the goods are usually used;
- the situation where we deliver other goods to you than which has been negotiated between us is also considered defect;
- the goods have the quality which has been negotiated between us, or the quality which valid and effective legislation lays down for the type of goods concerned; and
- do not have any legal defects, i.e. no third person has property rights to the goods and the goods are fitted with all documents necessary for proper usage. Furthermore, we guarantee that the defects will not occur within the warranty period. Beyond the warranty period for consumers we do not provide any quality guarantee.
1.2. The disparity of colour tones in reality and on electronic display devices is not considered as the defect of the goods. If the goods do not conform to your idea, you have the right to withdraw from the contract within 14 days from receipt of the goods in accordance with Article 5 of the Terms and Conditions of the Sale.
1.3. In case the defect occurs within six months from the receipt of the goods, it shall be deemed that the goods were defective at the time of the takeover.

2. How long is the warranty period?

2.1. For the unused consumer goods, the warranty period is twenty-four months from the receipt of the goods, provided that there is no longer period stated on the website or in the documents accompanying the goods.
2.2. Please note that in case the goods will be exchanged or repaired, there is no new warranty period commencing for the new goods or components and spare parts respectively. However, the warranty period is extended by the time during which you can't use the defective goods, i.e. in particular the time during which the goods are being repaired.

3. What rights from defective performance do you have?

3.1. Your rights from defective performance are governed by the relevant legislation, in particular by the provisions of Section 2099 to 2117 and Section 2165 to 2174 of the Civil Code.
3.2. In accordance with the above-mentioned provisions you have particularly following rights:
a) Right for complement of what is missing If we will deliver you less amount of goods other than was ordered, or deliver incomplete order, you have the right for complement of what is missing.
b) Right to a reasonable reduction of the purchase price In case that with the supply of the goods exists defect or the defect occurs within warranty period, you always have right to request the reasonable reduction of the purchase price.
c) Right to have a new defect-free thing or replacement of the component part of the goods You have always the right to request a new defect-free thing or replacement of the component part of the goods if it is not disproportionate to the nature of the defect (i.e. in case that it is impossible to immediately repair the thing) and if It is not only non-fundamental breach of the contract. You have not the right to have a new defect-free thing in cases when only a part (component) of the goods is defected. If we during the complaint proceedings find out that only part of the goods is defect, we will replace only that part. You can't request to have the new defect free-thing in case of the used goods and goods sold for a lower price. Instead of it you can request a reasonable reduction of the purchase price.
d) Right to have a thing repaired If it is possible to repair the goods, you have right for removal of the defect free of charge. If it occurs during the complaint proceedings that we are not able to repair goods, we will inform you about it without undue delay and you can choose another in this article mentioned option for warranty claim.
e) Right for cash refund (withdrawal from the contract) You have right to request cash refund only in case, that: - our supply of defect or incomplete thing is considered as fundamental breach of the contract; or
- we are not able to remove the defect, for which you can't use the goods properly, or we are not able to replace the thing with this defect (e. g. the goods are no longer manufactured); or
- you can't use the goods properly due to the repeated occurrence of the defect after a repair (occurrence of the same defect after at least two previous repairs); or
- occurs a large number of defects of goods (current occurrence of at least three removable defects and every of them avoiding proper usage of the goods); or
- we will not comply with deadline for handling of the complaint/remedied the situation for the period of 30 days from your warranty claim.
3.3. Request for supplying you with a new defect-free thing or cash refund (in case of withdrawal from the contract) is that you return the thing in the same condition in which you received it. This does not apply if:
a) there has been a change in its condition as a result of inspection to discover a defect of the thing,
b) you used the thing before the discovery of a defect,
c) you did not cause the impossibility to return the thing in the same condition by an act or omission, or
d) you sold the thing before the discovery of the defect, consumed it or altered the thing during its normal usage; if it occurred only partially, you shall return us everything you still can and shall compensate us in the amount of the benefit you enjoyed as a result of the usage of the thing.

4. When you can't exercise the rights from defective performance?

4.1. You do not have the rights from the defective performance if:
- you have had the knowledge of the defect prior taking over;
- you have caused the defect by yourself;
- warranty period has expired.
4.2. Warranty and liability claims for the defects also does not apply to:
- the wear and tear of a thing caused by its normal usage (for wear and tear caused by its normal usage is considered a reduction in the capacity of batteries and accumulators as well);
- a defect of a thing sold for a lower price for which the lower price was stipulated; or
- if it follows from the nature of the thing.

5. How to proceed with your warranty claim?

5.1. Assert your warranty claim with us without undue delay from finding out of the defect.
5.2. In accordance with Consumer Protection Act we accept the warranty claim at our registered office.
5.3. Claim can be asserted in the following manner:
- for faster processing, you can contact us in advance by telephone, e-mail or by writing;
- it is appropriate to notify us which right from the defective performance you have chosen, i.e. whether you are interested to have the defect removed, to have a new defect-free thing or a defect-free component part of the goods, reasonable reduction of the purchase price or other rights in accordance with this Warranty Claim Guidelines or Civil Code;
- deliver the claimed goods (other than by the way of cash on delivery, which we are not taking over) to the address of our registered office or a business premise (or to address of a person designated for repair). When sending the goods, wrap it in the suitable packaging to avoid damage or destruction;
- We advise you to attach a receipt or tax document - invoice if it has been issued, or other document evidencing the purchase of the goods, together with a description of the defect and a proposal of a manner dealing with your claims.
If you fail to comply with any steps listed above or submit any of the above-mentioned documents a positive settlement of the warranty claim under the legal conditions shall not preclude.
5.4. The moment of asserting the warranty claim is the moment when we were notified of the occurrence of the defects and the right from warranty was claimed.
5.5. Inbox warranty claim is handled promptly; in the event of a disputed claim we will decide of its acceptance within three working days from the date of assertion of the warranty claim. Reasonable time for the expert assessments of the defect is not included in this period. The warranty claim will be settled not later than 30 days from the date of the assertion of the warranty claim, unless we agree otherwise.
5.6. If you will request a right that can't be conferred to you (particularly in the case of irremovable defects, or in the case of replacement which is not possible), we will contact you without undue delay. In this case you can exercise another right mentioned in this Warranty Claim Guidelines.
5.7. You will be issued a written confirmation about the date of assertion, information about the content of the warranty claim and which right from the defective performance you have chosen. After the warranty claim is settled you will be issued the information about the date and method of the settlement of the claim, including confirmation about remedy made and about repair time or written reasoning of the refusal of the warranty claim.
5.8. In accordance with the Civil Code you are also entitled to reimbursement of the costs reasonably incurred in asserting the warranty claim. You must assert this right within one month after the time limit for claiming the defect has expired.

The Warranty Claim Guidelines are valid and effective as of 01.12.2017