Terms and conditions

1

INTRODUCTORY REGULATIONS

1.1

These General Terms and Conditions (hereinafter “GTC”) of the internet shop www.geofashion.eu (hereinafter “the seller”) govern the rights and responsibilities of the contractors arisen in connection with or based on a purchase agreement (hereinafter “purchase agreement”) concluded between the seller and another natural or legal person (hereinafter “the buyer”) via the internet shop of the seller.

1.2

It is possible to settle regulations differently from the GTC in the purchase agreement. Different regulations in the purchase agreement precede the regulations of the GTC.

1.3

The GTC regulations form an integral part of the purchase agreement. The purchase agreement and the GTC are given in the Czech language.

1.4

The seller can alter or append to the GTC. This regulation does not violate the rights and responsibilities arisen during the time of operation of the previous version of the GTC.

2

USER ACCOUNT

2.1

Based on a registration of the buyer made on the web page, the buyer can access their user account. The buyer can order goods from their user account (hereinafter “user account”).

2.2

The buyer can also order goods without a registration directly from the web interface of the shop as a “Guest”.

2.3

The buyer is obliged to indicate all data correctly and truthfully during the registration on the web page and during the order of goods. The buyer is obliged to update data indicated in the user account whenever they change. Data indicated by the buyer in the user account and when ordering goods are considered by the seller to be correct.

2.4

Access to the user account is secured by a username and a password. The buyer is obliged to keep the data necessary to access their user account secret and acknowledges that the seller takes no responsibility for a violation of this obligation by the buyer.

2.5

The buyer is not entitled to grant access to their user account to a third party.

2.6

The seller can cancel the buyer's user account, especially in the case of the buyer violating his responsibilities arising from the purchase agreement (including GTC).

2.7

The buyer acknowledges that the user account does not have to be available uninterruptedly, especially with regard to necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of hardware and software equipment of third parties.

3

CONCLUDING A PURCHASE AGREEMENT

3.1

The web interface of the shop contains a list of goods offered by the seller for purchase, including prices of the goods offered. The prices of goods offered are indicated including the value added tax. The offer of purchase of goods and the prices of these goods are valid throughout the period when they are displayed in the web interface of the shop. This regulation does not limit the seller's possibility to conclude a purchase agreement by conditions settled individually. All offers of purchase of goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding that goods.

3.2

The web interface of the shop also contains information about the costs of packaging and shipping of goods; these costs are valid only if the goods is delivered in the area of Czech Republic.

3.3

To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains especially this information:

  • goods ordered (the buyer “puts” the goods ordered into the electronic shopping cart of the web interface of the shop),
  • data necessary for goods delivery (especially name and surname of the buyer, an address and a telephone) and the cost of packaging and shipping of goods,
  • way of takeover the goods
  • way of paying the purchase price of the goods (together hereinafter “the order”).

3.4

Before sipping the goods ordered by the seller, the buyer is able to check and alter the data filled into the order, including the possibility for the buyer to find and correct mistakes made while filling in the data into the order form. The buyer sends the order to the seller by clicking the button “Confirm order”. Data indicated in the order are considered to be correct by the seller. The seller acknowledges the receipt of the order to the buyer immediately after having received the order vie e-mail, using the e-mail address that the buyer indicated in the user interface or in the order (hereinafter „e-mail address of the buyer“).

3.5

In case that the buyer orders goods which is to be manufactured according to his specific requirements, the articles 3.3 and 3.4 do not apply; the special requirements and the order of goods itself will be done based on individual communication between the seller and the buyer, either orally, via telephone or via e-mail.

3.6

The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, expected shipping costs, goods manufactured according to the buyer), to ask the buyer for an additional order acknowledgement (eg. via telephone or in writing).

3.7

A contractual relationship between the seller a the buyer arises on delivery of order acknowledgement (acceptance), sent by the seller to the buyer via e-mail, to the e-mail address of the buyer.

3.8

The buyer acknowledges that the seller is not obliged to conclude a purchase agreement, especially with persons who have previously severely violated the purchase agreement (including GTC).

3.9

The buyer agrees with use of distance communication means when concluding the purchase agreement. Costs arisen to the buyer while using distance communication means to conclude the purchase agreement (internet access costs, phone call costs) are paid by the buyer.

4

PRICE OF GOODS AND PAYMENT CONDITIONS

4.1

The buyer pays the price of goods and eventual costs associated with shipping of goods according to the purchase agreement to the seller via bank transfer to the seller's bank account no. 5514952001 at Raiffeisen Bank (hereinafter “the seller's account”);

4.2

Together with the purchase price, the buyer is also obliged to pay all costs associated with packaging and shipping of the goods to the seller. If not explicitly stated otherwise, the purchase price includes the shipping costs.

4.3

The seller will not require the buyer to pay the packaging and shipping costs (article 4.2) by personal collection of goods.

4.4

The purchase price is due in seven days from concluding the purchase agreement.

4.5

When paying the purchase price, the buyer is obliged to indicate the variable symbol of the payment, which is indicated in the order acknowledgement from the seller.

4.6

The obligation of the buyer to pay the purchase price is fulfilled at the moment of receipt of the payment to the seller's account.

4.7

The seller is entitled to require payment of the whole purchase price before shipping the goods by the buyer, especially in case of manufacturing the goods according to specific requirements of the buyer or if the buyer does not provide an additional order acknowledgement (article 3.5).

4.8

Possible price reductions offered by the seller to the buyer cannot be mutually combined.

4.9

The seller issues to the buyer an invoice regarding the payments based on the purchase agreement . The seller is not liable to value added tax. The seller issues a an invoice to the buyer after the buyer pays the purchase price of the goods. The seller sends the invoice together with the goods ordered.

5

WITHDRAWAL FROM PURCHASE AGREEMENT

5.1

The buyer acknowledges that according to § 53 article 8 of the Act no. 40/1964 Coll., the Civil code, as amended (hereinafter “the Civil code”), it is not possible to withdraw from a purchase agreement on goods manufactured according to specific requirements of the buyer.

5.2

If not being the case stated in article 5.1 or another case when it is not possible to withdraw from a purchase agreement, the buyer has the right to withdraw from purchase agreement within fourteen (14) days from the takeover of goods, according to 53 article 7 of the Civil code. Withdrawal from the purchase agreement must be demonstrably delivered the seller within fourteen (14) days from the takeover of goods on the address Huťská 3322, 272 01 Kladno, Czech Republic, or to the e-mail address of the seller indicated on the webpage of the internet shop.

5.3

In case of agreement withdrawal according to article 5.2 of GTC, the purchase agreement is totally cancelled. The goods must be returned to the seller within 14 working days from the posting of the agreement withdrawal to the seller. In case that the buyer violates the obligation according to the previous sentence, the seller has a right to require payment of a penalty of CZK 50 (in words: fifty Czech crowns) for each day of delay, up to the purchase price of the goods. This regulation does not affect the entitlement to cover possible damage caused by the violation of the obligation, to which the penalty applies, even in the case when the damage exceeds the penalty. The goods must be returned to the seller in an undamaged and unused state and, if possible, in its original packaging.

5.4

Within 30 days from returning of the goods by the buyer according to article 5.3 of GTC, the seller is entitled to inspect the goods returned, especially to make sure that the goods returned are not damaged, used or partially consumed.

5.5

In case of agreement withdrawal according to article 5.2 of GTC, the seller refunds the purchase price (including the shipping costs) to the buyer within 30 days from the end of the time to inspect the goods according to article 5.4 of GTC, via a bank transfer to the account indicated by the buyer. The seller is also entitled to refund the purchase price of goods in cash if the goods are returned to the seller personally by the buyer.

5.6

The buyer acknowledges that if the goods returned by the buyer is damaged, used or partially consumed, the seller is entitled to receive a cover of damaged caused by the buyer to the seller. The seller is entitled to unilaterally count in the cover of the damage against the claim of the buyer to refund the purchase price. Likewise, the seller is entitled to unilaterally count in the penalty according to article 5.3 of GTC against the claim of the buyer to refund the purchase price.

6

TRANSPORT AND DELIVERY OF GOODS

6.1

The way of shipping the goods is determined by the seller, if not settled otherwise in the purchase agreement. If the way of shipping is settled based on a requirement of the buyer, the buyer bears the risk and possible additional costs associated with this way of shipping.

6.2

If, according to the purchase agreement, the seller is obliged to deliver the goods to a place indicated by the buyer in the order, the buyer is obliged to takeover the goods on delivery. If the buyer does not takeover the goods on delivery, the seller is entitled to to charge a storage fee of CZK 100 (in words: one hundred Czech crowns) and is also entitled to withdraw from the purchase agreement.

6.3

If, because of reasons on the buyer's side, it is necessary to deliver the goods repeatedly or by other means than stated in the order, the buyer is obliged to cover all costs associated with the repeated delivery of the goods or costs associated with another means of delivery.

6.4

On receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and to inform the transporter immediately in case of any defects. In case of packaging defect indicating an unauthorized intrusion into the packet, the buyer is not obliged to takeover the packet from the transporter. By signing the delivery note, the buyer confirms that the delivery of goods met all terms and conditions and any further clams associated with delivery packaging defect will be disregarded.

6.5

Other rights and obligations of the contracting parties during the delivery of the goods can be settled by the terms of delivery of the seller.

6.6

In case of personal collection of goods, the buyer collects the goods on the address Huťská 3322, Kladno, Czech Republic.

7

RESPONSIBILITY FOR DEFECTS, WARRANTY

7.1

The rights and obligations of the contracting parties regarding the responsibility of the seller for defects of the goods, including the warranty obligation of the seller, follow the appropriate general regulations (especially § 612 and following of the Civil code).

7.2

The seller is responsible to the buyer for the fact that the goods sold are in accordance to the purchase agreement, especially that is is free from defects. Accordance with the purchase agreement means that the goods sold have a quality and functional properties required by the agreement, quality and functional properties usual for goods of this kind, and that it has been manufactured according to possible specific requirements of the buyer.

7.3

If the goods are not in accordance with the purchase agreement on takeover of the goods by the buyer (hereinafter “conflict with the purchase agreement”), the buyer has the right to have the seller put the goods to a state in accordance with the purchase agreement, free of charge and without unnecessary delays, by exchanging the goods; if such procedure is not possible, the buyer is entitled to claim a reasonable discount from the price of the goods or to withdraw from the agreement. This does not apply if the buyer knew about the conflict with the purchase agreement before the takeover of the goods, if the buyer caused the conflict with the purchase agreement or if goods have been manufactured according to specific requirements of the buyer and the buyer agreed with the final version of the goods before its manufacturing. A conflict with the purchase agreement which takes effect within six (6) months from the takeover of the goods is considered to be a conflict with the purchase agreement existing already at the moment of the takeover, if this does not conflict the nature of the goods or if not proven otherwise.

7.4

Rights of the buyer resulting from the seller's responsibility for defects, including the warranty obligation of the seller, must be claimed by the buyer to the seller on address Huťská 3322, Kladno, Czech Republic.

8

ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1

The buyer takes ownership of goods at the moment of payment of the whole purchase price of the goods.

8.2

The buyer acknowledges that the software equipment and other parts forming the web interface of the shop (including photographs of goods offered) are protected by copyright. The buyer agrees not to perform any activities that might enable the buyer or third parties to unauthorizedly interfere with or unauthorizedly use the software equipment or other parts forming the web interface of the shop.

8.3

When using the web interface of the shop, the buyer is not entitled to use mechanisms, software equipment or other methods that could have a negative influence on the operation of the web interface of the shop. The web interface of the shop can be used only to such extent that does not violate the rights of other customers of the seller and which is in accordance with its purpose.

8.4

In relation to the buyer, the seller is not bound by any codes of conduct according to § 53a article 1 of the Civil code.

8.5

The buyer acknowledges that the seller has no responsibility for errors caused by third party interference with the web page or by using the webpage which is not in accordance with its purpose.

9

PROTECTION OF PERSONAL DATA AND SENDING BUSINESS ANNOUNCEMENTS

9.1

Protection of personal data of the buyer, who is a natural person, is ensured by Act no. 101/2000 Coll., on the protection of personal data, as amended.

9.2

The buyer agrees with processing of these personal data: name and surname, address of residence, e-mail address and telephone number (together hereinafter „personal data“).

9.3

The buyer agrees with processing of personal data by the seller for the purpose of realization of rights and obligations resulting from the purchase agreement and for the purpose of sending information and business announcements of the seller.

9.4

The buyer acknowledges that he is obliged to indicate his personal data (during registration, in the buyer's user account, in the order made from the web interface of the shop) correctly and truthfully and that he is obliged to inform the seller about changes in the buyer's personal data without unnecessary delays.

9.5

The seller can appoint a third party as a processor for processing the personal data of the buyer. Except the persons transporting the goods, the personal data of the seller will not be given to third parties without a prior consent of the buyer.

9.6

Personal data will be processed for an indefinite period. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7

The buyer confirms that the personal data given is correct and that the buyer has been advised that the personal data is provided voluntarily. The buyer confirms to have been advised that the consent to process the personal data by the seller can be cancelled by a written notification delivered to the address of the seller.

9.8

If the buyer would believe that the seller or the processor (article 9.5) performs the processing of the buyer's personal data in conflict with the protection of a private and personal life of the buyer or in conflict with the law, especially if the personal data is inaccurate with respect to the purpose of their processing, the buyer can:

  • ask the seller or the processor for an explanation,
  • ask the seller or the processor to correct the situation. This could mean especially a clocking, a correction, an addition to or a deletion of the personal data. If the request of the buyer according to the previous sentence is found justified, the seller or the processor corrects the situation immediately. If the seller or the processor do not satisfy the request, the buyer has the right to contact the Office for Personal Data Protection directly. This regulation does not affect the right of the buyer to contact the Office for Personal Data Protection directly.

9.9

If the buyer asks for information about processing of his personal data, the seller is obliged to provide the buyer with this information. The seller has the right to claim reasonable coverage of costs for providing the information according to the previous sentence, not exceeding the costs necessary for providing the information.

9.10

The buyer agrees with sending information related to goods, services or the company of the seller to the e-mail address of the buyer, and also agrees with sending business announcements by the seller to the e-mail address of the buyer.

10

FINAL REGULATIONS

10.1

If a relationship related to usage of the webpage or a legal relationship based on the purchase agreement contains international (foreign) element, then the parties agree, that the relationship is governed by the Czech law. This does not affect the rights of the consumer resulting from general legal regulations.

10.2

The seller is entitled to sell goods based on a trade license and the seller's operation is not subject to any other authorization. The trade inspection is done by an appropriate trade office within its scope.

10.3

Should any regulation of the GTC be invalid or ineffective or become such, it is superseded by a new regulation, such that its meaning is as close to the invalid regulation as possible. Validity of other regulations is not affected by the invalidity or ineffectiveness of a regulation. Changes and supplements to the purchase agreement or to the GTC must have a written form.

10.4

The purchase agreement including the GTC is archived by the seller in electronic form and is not accessible.

10.5

Contact information of the seller is available on the webpage of the internet shop.

In Kladno on 27th August 2011
WWW.GEOFASHION.EU and WWW.GEOFASHION.CZ