Terms and Conditions

companies

Organic Home, s.r.o

with registered office at Vojtěšská 211/6, Prague 1, 110 00
identification number: 09136240, VAT number CZ09136240
registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 331159
for the sale of goods through an online store located at the Internet address

www.givili.cz

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as " terms and conditions ") of the business company Organic Home, s.r.o., with registered office at Vojtěšská 211/6, Prague 1, 110 00, identification number: 091 36 240, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 331159 (hereinafter referred to as " the seller ") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the " Civil Code "), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of purchase contracts (hereinafter referred to as " purchase contract ") concluded between the seller and another natural person (hereinafter referred to as " buyer ") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.givili.cz (hereinafter referred to as the " website "), through the website interface (hereinafter referred to as the " store web interface ").

1.2. In cases where the person who intends to purchase goods from the seller is a legal entity or a natural person who, when ordering goods, acts as part of his business activity or as part of his independent professional performance, the relations between the seller and such a person are also regulated by special provisions Article 13 of the terms and conditions.

1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The 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. The purchase contract can be concluded in the Czech language.

1.5. 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 period of validity of the previous version of the terms and conditions.

2. USER ACCOUNT

2.1. Based on the buyer's registration on the website, the buyer can access his user interface. The buyer can order goods from his user interface (hereinafter referred to as " user account "). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. 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 correct by the seller.

2.3. 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.

2.4. The buyer is not authorized to allow the use of the user account by third parties.

2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than two years, or if the buyer violates his obligations under the purchase contract (including business conditions).

2.6. 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.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for the time they are displayed in the web interface of the store and for the duration of the purchase contract. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods.

3.4. To order goods, the buyer fills out the order form in the web interface of the store.

The order form mainly contains information about:

3.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),

3.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of the goods (hereinafter referred to collectively as the " order ").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Order binding for payment" button. The data listed in the order they are deemed correct by the seller. 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 (hereinafter referred to as the " buyer's e-mail address "), while the business terms and conditions as at the date of sending the order are also part of the sent message . This does not affect the provisions of Article 5.1 of the terms and conditions.

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

3.8. 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 paid by the buyer himself, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND TERMS OF PAYMENT

4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

4.1.1. Cashless by payment card, in which case the terms of payment are also governed by the terms of the payment gateway provider.

4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within seven (7) days from the conclusion of the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. 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.

4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – ​​the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

5. SPECIAL PROVISIONS REGARDING GOODS CUSTOMIZED AT THE REQUEST OF THE CUSTOMER

5.1. In the case of goods modified at the customer's request, the buyer is obliged to send the seller, as part of the order, the documents necessary for the production or modification of the goods, in particular graphic documents or information about the dimensions of the goods. The buyer acknowledges that the seller may ask the buyer to modify the necessary documents or information.

5.2. The buyer is fully responsible for the use of any information or documents that he provides to the seller in order to be used in the production or modification of the goods (hereinafter referred to as " documents ").

5.3. Unless otherwise agreed, the seller is not obliged to check the content or material accuracy of the documents. The seller is obliged to check the technical correctness of the documents in relation to the intended purpose with ordinary care.

5.4 The buyer undertakes to the seller that he is fully entitled to use the documents for the purpose of placing them on the goods by the seller, in particular that placing the documents on the goods will not interfere with the rights of a third party (for example, interference with copyright or the right to the protection of personality) and the placement of documents on the goods does not conflict with generally binding legal regulations.

5.5. In the event that any third party asserts rights against the seller in connection with the documents, the buyer undertakes to hand over to the seller without delay all documents and information necessary to successfully conduct a dispute with this third party. In the event that such a third party claims that its rights have been violated by the use of the documents, in particular the rights to the objects of copyright protection, or that anti-competitive behavior has occurred, the buyer undertakes to reimburse the seller immediately for all purposefully incurred costs that the seller in connection with arise in a dispute with such a third party. In the event that the seller incurs any damage in connection with the documents (including public law sanctions and the seller's expenses and costs related to this action), the buyer is obliged to compensate the seller for this damage no later than thirty (30) days from its occurrence.

5.6. The buyer acknowledges and agrees that the color of the goods may differ from the color of the materials provided to the seller (or from the perception of this color by the buyer), which may be caused, among other things, by the settings of the display devices used by the buyer.

5.7. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods manufactured according to the buyer's requirements or adapted to his personal needs, among other things.

6. WITHDRAWAL FROM THE PURCHASE AGREEMENT

6.1. If it is not a case mentioned in Article 5.9 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, especially in the cases mentioned in § 1837 of the Civil Code, within the time limit (14 ) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the 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 info@givili.cz or in another demonstrable way.

6.2. In case of withdrawal from the purchase contract according to Article 6.1 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. 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. In the case of withdrawal from the purchase contract according to Article 6.1 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller, in the same way as the seller received them from the buyer. 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 to this and the buyer does not incur additional costs. 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 or proves that he has sent the goods to the seller.

6.4. Sheets, sheets, pillows, blankets, nightwear, etc. are packed in protective packaging for hygienic reasons. These products can be returned even unpacked, but they must not be dirty, used or damaged. The seller reserves the right, in the event of non-fulfillment of this condition, to pay only part of the value of the goods to the buyer in accordance with § 1833 of the Civil Code. The assessment of the condition of the goods and their value belongs to the seller.

6.5. In accordance with the provisions of § 1833 of the Civil Code, the buyer is responsible to the seller for the reduction in the value of the goods as a result of handling the goods in a manner other than what is necessary for the buyer to familiarize himself with the nature, properties and functionality of the goods. In this case, the seller reserves the right to unilaterally set off his claim for compensation for damage caused by a decrease in the value of the goods against the buyer's claim for a refund of the purchase price.

6.6. 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 to the time of acceptance of the goods 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.

6.7. 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 to return the goods to the seller together with gift given.

7. CARRIAGE AND DELIVERY OF GOODS

7.1. 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.

7.2. 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.

7.3. 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.

7.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter 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.

7.5. Other rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

7.6. The seller is obliged to deliver the goods to the buyer no later than 30 days from the conclusion of the purchase contract, unless he specifies a different delivery period for individual goods. If the buyer orders goods for which the delivery time is longer than 30 days, by sending the order, the buyer agrees to this longer delivery time. In the event that the delivery time is longer than 30 days, and this was not indicated for the given goods, the seller will inform the buyer of a longer delivery time, and the buyer must agree to this extension. In such case, the buyer has the right to withdraw from the purchase contract if the delivery time is extended. However, the right to withdraw expires if he agrees to a new term.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

8.1. 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 § 1914 to 1922, § 1924, § 1925 § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. , on consumer protection, as amended).

8.2. 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:

8.2.1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

8.2.2. is suitable for the purpose for which the buyer requires it and with which the seller agrees,

8.2.3. is delivered with agreed accessories and instructions for use, including instructions for use (if needed),

8.2.4. is suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,

8.2.5. quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same type that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labeling,

8.2.6. is supplied with accessories, including packaging, manuals and other instructions for use that the buyer can reasonably expect, and

8.2.7. corresponds to the quality or performance of the sample or template that the seller provided to the buyer before the conclusion of the purchase contract (if provided, and this is not the seller's obligation).

8.3. The provisions set out in Article 8.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.

8.4. If a defect becomes apparent within one year of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within two years of receipt.

8.5. Rights from defective performance are exercised by the buyer at the address of the seller's place of business, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business, via an e-mail address or in another demonstrable way. The moment when the seller receives the claim of the defect from the buyer is considered to be the moment of application of the complaint. In order for the seller to handle the complaint properly in some cases, it is necessary for the buyer to send the goods to the seller at the seller's address. In the event that the goods are not delivered to the seller, the claim cannot be handled, and the time during which the seller must handle the claim is extended by the buyer's delay. If, as a result of the non-delivery of the goods, the seller cannot inspect the goods, this may also be a reason for not recognizing the claimed defect, and therefore also for a complaint.

8.6. If the goods have a defect, i.e. if they do not comply with Article 8.2. terms and conditions, the buyer has the following rights:

8.6.1. for the delivery of new goods without defects;

8.6.2. to remove the defect by repairing the goods;
while the buyer can choose a method that is reasonable in the given case. The buyer does not have the right to request a method of solving the defect that is impossible or disproportionately expensive compared to the other method. In the case of such a choice, the seller has the right to refuse to remove the defect, or to choose another method of solving the defect.

8.7. In case that:

8.7.1. the seller refuses to remove the defect or does not remove it within a reasonable time after the defect is pointed out,

8.7.2. the defect appears repeatedly,

8.7.3. the defect is a material breach of the purchase contract,

8.7.4. the seller declares that the defect will not be removed within a reasonable time or without significant difficulties for the buyer,
the buyer has the following rights:

8.7.5. the right to a reasonable discount on the price of the goods,

8.7.6. the right to withdraw from the purchase contract.

8.8. The buyer cannot withdraw from the purchase contract or demand the delivery of a new item if he cannot return the goods in the condition in which he received them. However, this does not apply in the following cases:

8.8.1. if there has been a change in the condition of the goods as a result of the inspection for the purpose of detecting a defect;

8.8.2. if the goods were used before the defect was discovered;

8.8.3. if the impossibility of returning the goods in an unchanged state was not caused by actions or omissions of the buyer,

8.8.4. if the buyer sold, consumed or changed the goods during normal use before the defect was discovered; however, if this happened only partially, it is the buyer's duty to return the part of the goods that can be returned, and in such a case, he will not be refunded the part of the price corresponding to his benefit from the use of part of the goods.

8.9. The complaint, including the removal of the defect, must be handled and the buyer must be informed about it no later than thirty (30) days from the date of the claim, unless the seller and the buyer agree on a longer period. The time for processing the claim can be extended in the event that the buyer has not returned the claimed goods, when the return is necessary for the assessment of the claim. After the deadline has expired in vain, the buyer can withdraw from the purchase contract or demand a reasonable discount.

8.10. The seller is obliged to issue a written confirmation to the buyer of when the buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, and in the confirmation he will also provide contact information to inform the buyer about the outcome of the complaint. After handling the complaint, the seller will issue a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

8.11. Whoever has a right from defective performance is also entitled to compensation for the costs purposefully incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.

9. OTHER RIGHTS AND OBLIGATIONS OF BUYING PARTIES

9.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

9.2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1820 paragraph 1 letter n) of the Civil Code.

9.3. The seller handles consumer complaints via the electronic address info@givili.cz. The seller will send information about handling the buyer's complaint to the buyer's email address.

9.4. 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 44, 110 00 Prague 1, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. 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.

9.5. 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 21 . of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of consumer disputes online).

9.6. 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. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

10. PROTECTION OF PERSONAL DATA

10.1. Your obligation to provide information to the buyer in accordance with Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Data Protection Regulation) ( hereinafter referred to as the " GDPR regulation ") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the seller's public obligations, the seller fulfills by means of a special document.

11. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

111.1. Information on sending commercial messages is provided in a separate document.

11.2. Information regarding cookies is provided in the cookie bar, which is accessible on the website. This bar contains all information regarding the cookies used and through it the buyer can grant consent to the use of cookies. This consent can be revoked at any time, again via the cookie bar. Consent is not required for the processing of so-called necessary cookies, which are cookies on which the functionality of the website is based.

12. DELIVERY

12.1. The buyer can be delivered to the e-mail address specified in his user account or specified by the buyer in the order.

13. SPECIAL PROVISIONS FOR CASES WHEN THE BUYER IS NOT A CONSUMER

13.1. The provisions of Articles 6.1 to 6.5, Article 8, Articles 9.2 to 9.4, Article 14.3 and Article 14.4 of the Terms and Conditions do not apply to relations between the seller and the buyer who is not a consumer.

13.2. If the buyer is not a consumer and the seller hands over the goods to the carrier for transport to the buyer according to the purchase contract, the risk of damage passes to the buyer by handing over the goods to the first carrier for transport to the destination. Handing over the item to the buyer in this case means handing over the item to the first carrier for transport for the buyer.

13.3. For relations between the seller and the buyer, who is not a consumer, the application of the provisions of Sections 1799 and 1800 of the Civil Code is excluded.

13.4. For relations between the seller and the buyer, who is an entrepreneur, the use of preserved business practices in the sense of § 558 paragraph 2 of the Civil Code is excluded.

13.5. In cases where the buyer is not a consumer, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods 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.

14. FINAL PROVISIONS

14.1. 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. By choosing the law according to the previous sentence, the buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).

14.2. 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 is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

14.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

14.4. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.

14.5. Contact details of the seller: delivery address Vojtěšská 211/6, Prague 1, 110 00 e-mail address info@givili.cz, telephone +420 775 550 030.

In Prague on August 1, 2021, Organic Home s.r.o