Terms and Conditions

of the company

Organic Home, s.r.o.

with its registered office at Vojtěšská 211/6, Prague 1, 110 00
identification number: 09136240
entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 331159
for the sale of goods via on-line store located at the Internet address

www.givili.cz

1. INTRODUCTORY PROVISIONS 1.1. These business conditions (hereinafter referred to as " business conditions ") of the business company Organic Home, s.r.o., with its registered office at Vojtěšská 211/6, Prague 1, 110 00, identification number: 091 36 240 entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 331159 (hereinafter referred to as “ seller ”) are regulated in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “ Civil Code “) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as" purchase contract ") concluded between the seller and another natural person (hereinafter referred to as" buyer ”) through the seller's online shop. The internet shop is operated by the seller on a website located at the internet address www.givili.cz (hereinafter referred to as " website "), through the interface of the website (hereinafter referred to as " store web interface “).

1.2. In cases where a person who intends to purchase goods from the seller is a legal entity or natural person who acts when ordering goods in the course of their business or in the course of their independent profession, the relationship between the seller and such a person is also governed by special provisions. Article 13 of the Terms and Conditions 1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions 1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business 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 is without prejudice to 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 made on the Website, the Buyer may access its user interface. From its user interface, the buyer can order goods (hereinafter " 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 state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event 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 username and password. The buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

2.4.The Buyer is not entitled to allow the use of the user account by third parties

2.5. The seller may cancel the user account, especially if the buyer has not used his user account for more than two years, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).

2.6.The buyer acknowledges that the user account may not be available continuously, especially due to the necessary maintenance of the hardware and software equipment of the seller, or the necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF PURCHASE AGREEMENT

3.1. All 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 of returning the goods, if the goods, by their nature, cannot be returned by the usual postal route. Product prices are inclusive of value added tax and all related charges. Product prices remain in effect for as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

3.3. The store's web interface also includes information about the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the information on the costs associated with the packaging and delivery of the goods listed in the store's web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

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 basket 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 collectively referred to as "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 possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Send order" 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 "buyer's electronic address"). 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, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

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 the 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, 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:

41.1. cashless by payment card.

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 due 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 in the event that 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 Section 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 issues a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document - the seller issues an invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's electronic address.

4.9. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.

5. SPECIAL PROVISIONS REGARDING CUSTOMIZED GOODS

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 for use 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. 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 the use of the materials has violated its rights, in particular the rights to copyrighted objects, or that anti-competitive behavior has occurred, the buyer undertakes to reimburse the seller immediately for all purposefully incurred costs that the seller incurs in connection with disputes with such a third party will arise

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

5.7. 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 the use of the materials has violated its rights, in particular the rights to copyrighted objects, or that anti-competitive behavior has occurred, the buyer undertakes to reimburse the seller immediately for all purposefully incurred costs that the seller incurs 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 expenses and expenses of the seller related to this action), the buyer is obliged to compensate the seller for this damage no later than thirty (30) days after its occurrence.

5.8. 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.

5.9. 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 that have been modified according to the wishes of the buyer or for his person.

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 period (100 ) 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

6.2. In the 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 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 from the Buyer. in such a way that the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

6.4. Bed linen, sheets, pillows, blankets, bed linen, etc. are packed in protective packaging for hygienic reasons. These products can be returned unpacked, but must not be soiled, used or damaged. The seller reserves the right to refuse to return the goods in the event of non-compliance with this condition, or to pay the buyer for the goods only part of its value in accordance with the provisions of § 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 liable to the seller for the reduction of the value of the goods as a result of handling the goods in a manner other than necessary to become familiar with the nature and properties of the goods, including its functionality. In this case, the seller reserves the right to unilaterally set off its claim for damages caused by a reduction 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 the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until 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, in 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 untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return gift provided.

7. TRANSPORTATION AND DELIVERY OF GOODS

7.1. If 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. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

7.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.

7.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.

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 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, in wording of later regulations).

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. the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of their advertising,

8.2.2. the goods are suitable for the purpose for which the seller states their use or for which goods of this type are usually used,

8.2.3. the quality or execution of the goods corresponds to the contracted sample or prototype, if the quality or execution was determined according to the contracted sample or prototype,

8.2.4. is the goods in the corresponding quantity, measure or weight a

8.2.5. the goods comply with the requirements of legal regulations.

8.3. The provisions stated in Article 8.2 of the terms and conditions of trade 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 six months 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 twenty-four months of receipt.

8.5. Rights from defective performance are exercised by the buyer with the seller at the address of his place of business, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the headquarters or place of business. The contracting parties have agreed that the moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.

8.6. Additional rights and obligations of the parties related to the seller's liability for defects may be modified by the seller's complaint procedure.

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 in the sense of the provisions of § 1826 paragraph 1 letter e) 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 e-mail address.

9.4. The 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://adr.coi.cz/cs. The online dispute resolution platform located at the internet address 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 Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

9.6.The seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of ​​personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

9.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code

10. PROTECTION OF PERSONAL DATA

10.1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “ GDPR Regulation ”) related to the processing of personal data of the buyer for the purposes of performance of the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling public law obligations of the seller. special document .

11. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

11.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer. The seller fulfills his information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.

11.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

12. DELIVERY

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

13. SPECIAL PROVISIONS FOR CASES WHERE BUYER IS NOT A CONSUMER

13.1. For relations between a seller and a buyer who is not a consumer, 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 shall not apply.

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. In this case, handing over the item to the buyer means handing over the item to the first carrier for transport for the buyer.

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

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

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, until 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, in 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 a choice of law, would otherwise be used in accordance with the provisions of Article 6, paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to 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 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. Seller's contact details: delivery address Vojtěšská 211/6, Prague 1, 110 00 e-mail address info@givili.cz, telephone +420 774 190 054.

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

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