Terms and conditions

 

  1. INTRODUCTORY PROVISIONS
    1. These terms and conditions (the “Terms and Conditions”) of the seller, Vigoroso Boost s.r.o., having its registered address at Vodnická 565/48a, Újezd u Průhonic, 149 00, Company ID No.: 05170435 (the “Seller”), regulate, in accordance with Section 1751 (1) of Act NO. 89/2012 Coll., the Civil Code (The “Civil Code”), the mutual rights and obligations of the parties in connection with or on the basis of a purchase contract concluded between the Seller and another natural or legal person (the “Buyer”) through the Seller’s online store. The online store is operated by the Seller at the internet address popbyzk.com (the “Online Store”).
    2. The Seller acts within the scope of its trade or other business activities when concluding and executing a purchase contract. The Buyer is either a consumer or entrepreneur that concludes the purchase contract in connection with his/her own trade, manufacturing or similar activity.
    3. If the Buyer is a consumer, relations that are not regulated by the Terms and Conditions shall be governed by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection. If the Buyer is an entrepreneur, relations that are not regulated by the Terms and Conditions shall be governed by the Civil Code.
    4. The Terms and Conditions further regulate the rights and obligations when using the Seller’s Online Store and other associated legal relations. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and the Terms and Conditions are drawn up in Czech. The purchase contract can be concluded in Czech[GD1] .
    5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
    6. Provisions deviating from the Terms and Conditions may be arranged in the purchase contract. Deviating provisions in the purchase contract shall prevail over the provisions of the Terms and Conditions.

 

  1. CONCLUSION OF A PURCHASE CONTRACT
    1. The online store contains an offer of goods – clothing and accessories, offered for sale by the Seller, including the prices of these goods. The prices of the goods are inclusive of value added tax (unless expressly stated as not being inclusive of VAT) and all related charges. The offer of sale of the goods and the prices of such goods shall remain valid as long as they are displayed in the Online Store. This provision does not restrict the Seller’s ability to conclude a purchase contract under individually agreed terms.
    2. All presentation of goods placed in the Online Store is informative in nature and the Seller is not obliged to conclude a purchase contract regarding such goods. The offer of goods shall not be deemed a proposal to supply goods in the meaning of Section 1732 (2) of the Civil Code.
    3. The Online Store also contains information about the costs associated with the packaging and delivery of the goods. The information about the costs associated with the packaging and delivery of the goods given in the Online Store applies only to the quantities indicated. The costs for other quantities and other methods of transport requested by the Buyer must be individually inquired with the relevant transport company. For ordering goods, the Buyer shall fill in the order form on the Online Store website.
    4. The online form contains information about the ordered goods, the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods and information about the cost of delivering the goods (the “Order”).
    5. Before sending the order to the Seller, the Buyer shall be able to check and change the information he/she has entered into the Order, including so that the Buyer is able to ascertain and correct errors made when entering data into the Order. The Buyer shall send the Order to the Seller by clicking on the “Finish” key.
    6. The information provided in the Order shall be considered correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm this receipt to the Buyer by e-mail, at the Buyer’s e-mail address specified in the user interface or in the Order.
    7. If the Buyer is a consumer, the placement of an offer of goods on the Online Store website is a proposal to conclude a purchase contract. The purchase contract shall be formed by the Buyer (consumer) sending an Order and the Seller receiving the Order. Confirmation of the Order in accordance with Article  2.6. of the Terms and Conditions does not affect the formation of the purchase contract.
    8. The contractual relationship between the Seller and the Buyer (entrepreneur) is established by the delivery of a binding Order, while the purchase contract itself is concluded at the moment of delivery of the Seller’s binding consent to this Order, which the Seller shall send to the Buyer by e-mail, to the Buyer’s e-mail address. The Buyer acknowledges that the Seller shall not be obliged to conclude a purchase contract, especially with persons who have previously materially breached the purchase contract (including the Terms and Conditions).
    9. By concluding the purchase contract, the Buyer confirms that he/she has read these Terms and Conditions, including the Claims Procedure, and that he/she agrees with them. The Buyer shall be sufficiently notified of these Terms and Conditions and the Claims Procedure prior to making the Order and shall have the opportunity to familiarise him/herself with them.
    10. The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the Buyer in using remote means of communication in connection with concluding the purchase contract (costs of internet connection, costs of telephone calls) shall be paid by the Buyer him/herself, and these costs shall not differ from the basic rate.

 

  1. PRICE OF THE GOODS AND TERMS OF PAYMENT
    1. The price of the goods and the costs associated with the packaging and delivery of the goods (the “Purchase Price”) according to the purchase price shall be paid by the Buyer to the Seller by credit card over the internet through a payment gateway.
    2. If the goods are to be delivered to countries requiring customs clearance, the Buyer shall also pay the customs clearance costs as part of the purchase price.
    3. When paying by credit card, the Buyer shall be redirected to a third-party payment server after completing the Order, where he/she shall fill in the necessary payment details. After their validity has been verified, the Order shall be confirmed and the purchase price shall be deducted from the Buyer’s account.
    4. The price shall be valid at the time of ordering. All changes, including price changes, in the Online Store are reserved.
    5. The Buyer agrees to the issuing of a receipt in electronic form.

 

  1. WITHDRAWAL FROM THE PURCHASE CONTRACT
    1. In the event of a purchase contract concluded via remote means of communication, the Buyer (consumer) shall have the right, in accordance with Section 1829 (1) of the Civil Code, to withdraw from the contract, without stating a reason, within 14 days of the takeover of the goods, whereas if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall start from the date of the takeover of the last delivery of goods. The withdrawal from a purchase contract must be demonstrably sent to the Seller within the period specified in the previous sentence. For the withdrawal from a purchase contract, the Buyer may use the e-mail address: info@haynaliy.com provided by the Seller and the address of the establishment Pařížská 28, Praha 1, 110 00. The Buyer shall keep the confirmation of sending the withdrawal from the purchase contract for reference.
    2. In the event of a withdrawal from a purchase contract in accordance with Article 4.1. of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the Seller without undue delay, but within 14 days of the withdrawal from the purchase contract, by sending them back to the Seller’s registered address or by taking them to the address of the Seller’s establishment (Ateliér Haynaliy, Pařížská 28, Prague 1). The time limit shall be deemed to be maintained if the Buyer sends the goods back to the Seller before the expiry of 14 days. The Buyer shall keep the confirmation of sending the goods for reference. If the Buyer withdraws from a purchase contract, he/she shall bear the costs of returning the goods to the Seller, including if the goods cannot be returned by usual postal means due to their nature. The goods must be returned to the Seller undamaged and not worn out and, if possible, in their original packaging.
    3. Within 10 days of the return of the goods by the Buyer in accordance with Article 4.2. of the Terms and Conditions, the Seller shall be entitled to conduct an examination of the returned goods, in particular in order to ascertain whether the returned goods are damaged, worn out or partially used.
    4. In the event of a withdrawal from a contract in accordance with Article 4.1. of the Terms and Conditions, the Seller shall return the purchase price to the Buyer, including delivery costs (except for the amount representing the additional costs for the delivery of the goods incurred as a consequence of the Buyer choosing a delivery method other than the cheapest method of standard delivery of the goods offered by the Seller) within 14 days of the withdrawal from the purchase contract by the Buyer, by transfer to the account designated by the Buyer. If the Buyer withdraws from the purchase contract, the Seller shall not be required to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he/she has sent the goods to the Buyer.
    5. The Buyer acknowledges that if the goods returned by him/her are damaged, worn out or partially used, the Seller shall be entitled to compensation for the damage caused by the Buyer. The Buyer shall be liable for any reduction in the value of the goods as a result of the handling of these goods in a manner other than is necessary in order to become familiar with the nature and characteristics of the goods, including their function. The Seller shall be entitled to unilaterally offset its claim for compensation against the Buyer’s claim for reimbursement of the purchase price. If the goods can no longer be returned – they have been destroyed or used, the Buyer must provide monetary compensation in exchange for what can no longer be delivered.
    6. In accordance with Section 1837 of the Civil Code, the Buyer does not have the right to withdraw from the contract, in particular in the case of (b) goods or a service whose price depends on fluctuations of the financial market which are beyond the control of the entrepreneur and which may occur during the time limit for withdrawal, (d) goods which were customised or personalised according to the wishes of the consumer or for another person, and (g) sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons.
    7. The Seller shall be entitled to withdraw from the purchase contract at any time until the Buyer has taken delivery of the goods. In such case, the Seller shall return the purchase price to the Buyer without undue delay, by transfer to the bank account designated by the Buyer.

 

  1. TRANSPORT AND SUPPLY OF THE GOODS
    1. The method of delivery of the goods shall be determined by the Seller, unless specified otherwise in the purchase contract. If a method of transport is agreed upon based on the Buyer’s individual request, the Buyer shall bear the risk and any additional costs associated with this method of transport.
    2. If the Seller is required under the purchase contract to deliver the goods to the place specified by the Buyer in the Order, the Buyer shall be required to take delivery of the goods upon delivery. If the Buyer does not take delivery of the goods, the Seller shall be entitled to withdraw from the purchase contract.
    3. If, for any reason on the part of the Buyer, the goods need to be delivered repeatedly or by a method other than specified in the Order, the Buyer shall be required to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other delivery method.
    4. Upon receipt of the goods from a carrier or in person at a branch of Zásilkovna, the Buyer shall be required to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier or the issuing person at the branch of Zásilkovna of this. If it is found that the packaging has been breached, indicating that the consignment has been tampered with, the Buyer does not have to take delivery of the consignment from the carrier or the issuing person at the branch of Zásilkovna. By signing the delivery note or by taking delivery at Zásilkovna, the Buyer confirms that the consignment of goods met all the conditions and requirements and that any later claims regarding the breach of the packaging of the consignment cannot be taken into account.

 

  1. LIABILITY FOR DEFECTS, WARRANTY, EXCLUSION OF LIABILITY
    1. The parties’ rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914 – 1925, 2099 – 2117 and 2161 – 2174 of the Civil Code).
    2. The Seller shall be liable to the Buyer for the fact that the sold item conforms with the purchase contract, in particular that it is free of defects. Conformity with the purchase contract means that the sold item has the quality and utility characteristics required by the contract, described by the Seller or expected on the basis of its advertising, or the quality and utility characteristics that are usual for an item of that kind, that it conforms to the requirements of legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the Seller for the use of the item or for which the item is usually used.
    3. If a defect appears within six months of the receipt of the goods, they shall be deemed to have been defective upon receipt, unless this is contradicted by the nature of the item or unless proven otherwise.
    4. The Buyer shall claim rights arising from defective performance from the Seller by using the e-mail address info@haynaliy.com or by handing them over at the address of the Seller’s establishment (Ateliér Haynaliy, Pařížská 28, Prague 1, 110 00). The moment when the Seller receives the claimed goods from the Buyer shall be deemed the moment of the claim.
    5. The parties’ other rights and obligations regarding the Seller’s liability for defects are regulated by the Seller’s Claims Procedure.
    6. The Buyer acknowledges that in view of the delicate nature of the materials used and their specific maintenance requirements, the use and maintenance of the goods requires compliance with the maintenance instructions on the label or the accompanying maintenance instructions.

 

  1. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. The Buyer shall acquire ownership of the goods upon payment of the full purchase price of the goods.
    2. The Buyer acknowledges that the software and other components forming the Online Store website (including photos of the goods offered) are protected by copyright. The Buyer agrees to not conduct any activity that could enable him/her or other third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the Online Store.
    3. When using the Online Store, the Buyer may not use mechanisms, software or other processes that could have a negative effect on the operation of the Online Store. The web interface of the Online Store can be used only to an extent that is not detrimental to the rights of the Seller’s other customers and that is consistent with its purpose. The Buyer acknowledges that the Seller does not bear liability for errors occurring as a result of third-party interference with the Online Store website or as a result of the use of the Online Store website contrary to its purpose.
    4. With regard to the Buyer, the Seller is not bound by any code of conduct within the meaning of Section 1826 (1e) of the Civil Code.
    5. The out-of-court handling of consumer complaints is provided by the Seller through the e-mail address info@haynaliy.com. The Seller shall send information regarding the handling of the Buyer’s complaint to his/her e-mail address.
    6. The courts of the Czech Republic shall have the jurisdiction to hear any disputes between the Seller and the Buyer. Any disputes between the Seller and the Buyer (consumer) may also be settled out of court. In such a case, the consumer may contact an out-of-court dispute resolution entity, such as the Czech Trade Inspection, or settle the dispute online through the designated ODR platform. More information about out-of-court dispute resolution can be found at https://www.coi.cz/informace-o-adr/.
    7. The Buyer assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

 

  1. DATA PROTECTION AND SENDING COMMERCIAL MESSAGES
    1. The protection of the personal data of a Buyer that is a natural person and their processing is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation). More information about data protection can be found in the GDPR section.

 

  1. DELIVERY
    1. Unless agreed otherwise, all correspondence relating to the purchase contract must be delivered to the other party in writing, by e-mail or through a postal service provider (of the sender’s choice).
    2. A message shall be delivered:
      a) in the case of delivery by e-mail, upon receipt of the incoming e-mail server; the integrity of messages sent by e-mail may be ensured by a certificate;
      b) in the case of delivery through a postal service provider, upon receipt of the consignment by the addressee;
      c) in the case of delivery through a postal service provider, upon the expiry of the period of 10 days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service provider, even if the addressee has not become aware of the deposit.

 

  1.  FINAL PROVISIONS
    1. These Terms and Conditions are valid in the wording specified on the Seller’s website on the date of the conclusion of the purchase contract.
    2. If the relationship related to the use of the Online Store or the legal relationship established under the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legal regulations.
    3. If a certain provision of the Terms and Conditions is invalid or ineffective or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments or additions to the purchase contract or the Terms and Conditions must be made in writing.
    4. The purchase contract, including the Terms and Conditions, shall be archived by the Seller in electronic format and shall not be accessible to third parties.
    5. A sample form for withdrawal from a purchase contract is attached to the Terms and Conditions.
    6. The Seller’s contact information: delivery address: Ateliér Haynaliy, Julia Haynaliy, Pařížská 28, Praha 1, 110 00, e-mail address: info@haynaliy.com, phone no.: +420 773 166 188.
    7. These Terms and Conditions come into effect on 10 July 2023.

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