General Terms and Conditions
Of DEVAMI s.r.o.
Registered office: Svaté Anežky České 32, 530 02 Pardubice, Czech Republic
Company Registration No. 05509491
for the selling of goods via on-line shop located on the website www.yogafeelenergy.com
Introductory Provisions
These Terms and Conditions (hereinafter referred to only as “Terms and Conditions“) of DEVAMI s.r.o., with registered office at Svaté Anežky České 32 530 02 Pardubice, identification number: 05509491, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 39471(hereinafter referred to only as the “Seller”) govern the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a Purchase Agreement (hereinafter referred to only as the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter referred to only as the “Buyer”) via the Seller’s Internet shop. The Internet shop is operated by the Seller on the website www.yogafeelenergy.com (hereinafter referred to only as the “Website”) through a personalised web page interface (hereinafter referred to only as the “shop’s web interface”).
These Terms and Conditions do not apply to cases where a person, intending to buy goods from the Seller, is a legal person or a person who acts in the course of their business activities or in the course of their independent exercise of their profession when ordering goods.
Provisions derogating from the Terms and Conditions may be negotiated in the Purchase Agreement. Specific arrangements in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.
These Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are made out in the Czech language. The Purchase Agreement can be concluded in the Czech language.
The Seller may change or amend the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
Conclusion of the Purchase Agreement
All presentations of the goods placed in the shop’s web interface are informative and the Seller is not obliged to conclude a Purchase Agreement for these goods. The provisions of Section 1732 (2) of the Civil Code does not apply.
The shop’s web interface contains information about the goods, including the indication of prices of the individual goods and the costs of returning the goods if these goods can not be returned by post by their nature. Prices of the goods are quoted including value added tax and all related fees. Prices of the goods remain valid for as long as they are displayed on the shop’s web interface. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually negotiated terms.
The shop’s web interface also includes information on the cost of packaging and delivery of goods. Information on the costs associated with the packaging and delivery of the goods is stated in the shop’s web interface and is valid only when the goods are delivered within the territory of the Czech Republic.
To order the goods, the Buyer has to complete the order form in the shop’s web interface. The order form contains, in particular, information about:
– the ordered goods,
– the method of payment of the purchase price of the goods, details about the method of delivery of the ordered goods and
– the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
The Order is sent from the Buyer to the Seller by clicking the “Submit order” button. The data indicated in the Order is deemed correct by the Seller.
The Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone), depending on the nature of the Order (quantity of goods, purchase price, estimated delivery costs).
The Buyer agrees with the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (Internet connection costs, telephone call costs) are borne by the Buyer himself and those costs do not differ from the basic rate.
Price of the goods and Payment Terms and Conditions
The Buyer may pay to the Seller the price for the goods and relevant costs associated with the delivery of the goods under the Purchase Agreement in the following manners:
- by credit/debit card
- by e-payment (Payment Gateway)
- in cash
- in cash on delivery or by payment card at the Uloženka.cz (only in Czech Republic) network site specified by the Buyer in the Order;
- in cash on delivery at the Czech Post site specified by the Buyer in the Order ((only in Czech Republic))
- In cash on delivery at the site of the shipping company specified by the Buyer in the Order
- cashless on the basis of a prepayment invoice by transfer to the Seller’s bank account stated on the issued and sent prepayment invoice
Together with the purchase price, the Buyer is also required to pay to the Seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless specified otherwise, the purchase price also consists of the costs associated with the delivery of the goods.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is payable according to the term stated on the prepayment invoice.
In the case of a cashless payment, the Buyer is required to state the variable symbol when paying the purchase price of the goods. In the case of a cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled once the relevant amount is credited to the Seller’s account.
Any discounts on the price of goods provided by the Seller to the Buyer can not be combined.
If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer regarding the payments made under the Purchase Agreement. The Seller is not a taxpayer of value added tax. The invoice shall be issued by the Seller to the buyer after the payment of the price of the goods and shall be sent in electronic form to the Buyer’s electronic address.
Withdrawal from the Purchase Agreement
The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Agreement for the supply of goods which has been adjusted according to the Buyer’s wishes, from the Purchase Agreement for the delivery of goods subject to rapid decay which have been irreversibly mixed with other goods after delivery, from the Purchase Agreement for the supply of sealed goods which were unsealed after delivery by the consumer and which are not suitable for return due to hygienic reasons and from the Purchase Agreement for the supply of audio or video recordings or computer software whose original seal was unsealed after supply.
In the event of the case referred to in Article 5.1 or in another case where the Purchase Agreement can not be withdrawn, the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, within fourteen (14) days from the receipt of the goods, in the case of a Purchase Agreement concerning several kinds of goods or the supply of several parts, this period runs from the date on which the last supply of goods is taken over. The withdrawal from the Purchase Agreement must be sent to the Seller within the time limit specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to the Terms and Conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer, inter alia, to the address of the Seller’s place of business or to the Seller’s email address info@yogafeelenergy.com.
In the case of withdrawal from the Purchase Agreement according to the Terms and Conditions, the Purchase Agreement is nullified from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods can not be returned by post by their nature.
In the event of withdrawal from the Agreement under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted it from the Buyer. The Seller is also entitled to return the performance provided to the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees to it and does not incur any additional costs. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been dispatched to the entrepreneur.
Compensation for the damage caused to the goods can be unilaterally off-set by the Seller against the Buyer’s claim for refund of the purchase price.
In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by transfer to the account specified by the Buyer.
If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement ceases to apply and the Buyer is obliged to return the goods together with the provided gift to the Seller.
Transportation and delivery of the goods
If the method of delivery is agreed upon according to the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this method of delivery.
If, according to the Purchase Agreement, the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.
If, for reasons for which the Buyer is responsible, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively costs associated with another method of delivery.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packages and, in the event of any defects, notify the carrier without undue delay. In the event of any damage to the package indicating unauthorized manipulation with the package, the Buyer is not required to take over the delivery from the carrier.
Other parties’ rights and obligations in the delivery of goods may be altered by the Seller’s special delivery terms if issued by the Seller.
Rights from defective performance
The rights and obligations of the contractual parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Consumer Protection Act 634/1992 Coll. as amended).
The Seller is responsible to the Buyer for the goods to be free from defects. In particular, the Seller is responsible towards the Buyer that at the time of the takeover of the goods by the Buyer, the goods:
– have the properties agreed by and between the contractual parties, and, if such agreement is missing, have such property which the Seller described or which the Buyer expected with respect to the nature of the goods and on the basis of the advertisement shown,
– are suitable for the purpose specified by the Seller for their use or for which such goods are usually used,
– correspond to the quality or design of the agreed or original sample if the quality or design has been determined on the basis of the agreed or original sample,
– are delivered in the appropriate quantity, size or weight, and
– are in compliance with the requirements described in the legal regulations.
The provisions of Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price has been arranged, for the wear and tear of the goods due to their normal use, to used goods with a defect corresponding to the normal use or wear and tear of the goods at the moment of takeover by the Buyer, or if it results from the nature of the goods.
If any defect occurs during the period of six months from the takeover, the goods will be deemed to have been defective already during their acceptance. The Buyer is entitled to assert his or her rights arising from defects that occur with consumer goods within twenty-four months from the takeover.
Rights arising from defects are asserted by the Buyer against the Seller at their place of business, where acceptance of the claim is possible with regard to the range of goods sold, eventually even at the Seller’s registered office or place of business.
Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s claim rules.
Other Rights and Obligations of the contractual parties
The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 (1) e) the Civil Code.
The out-of-court settlement of consumer disputes under the Purchase Agreement is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: http://www.coi.cz.
The Seller is authorized to sell the goods on the basis of a trade license. Trade inspection is carried out as part of its competence by the relevant Trade License Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection, among other things, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
The Buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
Personal data protection and sending commercial communications
The protection of the Buyer’s personal data, who is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
The Buyer agrees with the processing of the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to only as “personal data”).
The Buyer agrees to the processing of personal data by the Seller for the purpose of executing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the user account. If the Buyer does not choose another option, he or she agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make the conclusion of a Purchase Agreement impossible.
The Buyer acknowledges that it is obliged to state its personal data when making an Order from the shop’s web interface correctly and truthfully and that it is obliged to inform the Seller of any change in its personal data without undue delay.
By processing the Buyer’s personal data, the Seller may assign a third party as the processor. Except for the persons responsible for the delivery of goods, personal data will not be passed on to third parties by the Seller without the Buyer’s prior consent.
Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
The Buyer confirms that the personal data provided are accurate and that he or she has been advised that this provision of personal data is voluntary.
In the event that the Buyer assumes that the Seller or the processor carries out the processing of his or her personal data contrary to the protection of the Buyer’s private and personal life or contrary to law, in particular if the personal data are inaccurate with regard to the purpose of their processing, it may:
– ask the Seller or processor for an explanation,
– demand that the Seller or processor remedy such state.
If the Buyer asks for information about the processing of his or her personal data, the Seller is obliged to pass on this information. The Seller has the right to ask for an appropriate compensation not exceeding the costs necessary to provide the information for the provision of information under the previous sentence.
Sending commercial communications
The Buyer agrees with the sending of information related to the Seller’s goods, services, or business to the Buyer’s electronic address, and also agrees to the sending of commercial communications to the Buyer’s electronic address.
The Buyer agrees with the storage of so-called cookies onto its computer. If the purchase on the website is possible and the Seller’s obligations under the Purchase Agreement can be fulfilled without the storage of so-called cookies onto the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.
Delivery
The Buyer may be delivered to the Buyer’s electronic address.
Final provisions
If a relationship based on a Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.
If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes invalid or ineffective, a provision the meaning of which is as close as possible to the invalid or ineffective provision will be introduced instead of it. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The Business Terms and Conditions annex forms the sample Purchase Agreement withdrawal form.
Contact details of the Seller: delivery address Svaté Anežky České 32, 530 02 Pardubice, e-mail address info@yogafeelenergy.com, phone 800 99 00 11.
In Pardubice on 22 March 2017
Bc. Pavel Jezdinský
Managing Director of DEVAMI s.r.o.