General terms and conditions for the consumer
I. INTRODUCTORY PROVISIONS
1. These terms and conditions (hereinafter referred to as “terms and conditions”) of Anarich JP, s.r.o., with registered office at Jabloňová 1142, 252 42, ID No.: 24230812, VAT No.: CZ24230812, registered in the Commercial Register kept at the Municipal Court in Prague under file No.: C 200418 (hereinafter referred to as “the Seller”), hereinafter referred to as “the Seller”), hereinafter referred to as “the Seller”, hereinafter referred to as “the Seller”, Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or based on a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and a natural person – consumer (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online shop is operated by the Seller on the website located at https://www.anjolie.cz (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Shop Web Interface”).
2. The Consumer Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal person or a person acting while ordering goods during his business or during his independent pursuit of his profession and is not a consumer.
3.Provisions deviating from the terms and conditions may be negotiated in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
4. The provisions of the terms and conditions are an integral part of the purchase contract. The contract of sale and the terms and conditions are drawn up in the Slovak language. The Seller may amend or supplement the terms and conditions. This provision shall not affect rights and obligations arising during the period of validity of the previous version of the terms and conditions.
II. USER ACCOUNT
5. Upon registration of the Buyer on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can place orders for goods (hereinafter referred to as “user account”). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
6. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account when making any changes to it. The data provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
7. 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.
8. The Buyer is not entitled to allow third parties to use the user account.
9. The Seller may terminate the user account if the Buyer does not use his user account for more than 12 months or if the Buyer breaches his obligations under the Purchase Contract (including the Terms and Conditions).
10. The Buyer acknowledges that the User Account may not be available continuously, about necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of third-party hardware and software equipment.
III. CONCLUSION OF THE PURCHASE CONTRACT
11. The web interface of the shop contains information about the goods, including the prices of individual goods and shipping. The prices of the goods are inclusive of value added tax and all related charges except for the cost of delivery of the goods. The Seller guarantees the price quoted in the offer. If a discount is indicated for the goods, the price including this discount is only valid for the time it is displayed in the web interface of the shop and therefore cannot be reclaimed. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
12. By the Purchase Contract, the Seller undertakes to procure and deliver to the Buyer the Goods specified in the Purchase Order and the Buyer undertakes to accept such Goods and to pay to the Seller the Purchase Price for such Goods as published on the Website in the manner and subject to the terms and conditions further set out in these Terms and Conditions.
13. The Buyer orders the Goods directly on the Website via a special form. The order form contains information on:
– the goods ordered (the goods ordered are “inserted” by the Buyer into the electronic shopping cart of the web interface of the shop).
– the method of payment of the purchase price of the goods.
– the desired method of delivery of the goods ordered; and
– the costs associated with the delivery of the goods (collectively, the “Order”).
14. The Buyer is obliged to provide all the information required by the form to create the Order truthfully. An order is placed by clicking on “ORDER”, and by placing an order the Buyer agrees to accept the goods ordered and to pay the agreed price for the goods. The order thus made shall be deemed binding.
15. The Seller shall, as a rule, acknowledge the Buyer’s receipt of the order no later than within one working day of receipt of the order. Upon delivery of the confirmation e-mail of the order receipt, the purchase contract is concluded. All confirmed orders are binding.
16. The list of goods proposed for sale by the Seller does not constitute an offer of the Seller within the meaning of Section 1732 of the Civil Code, and the Seller is not obliged to conclude a contract of sale with respect to these goods. This is without prejudice to the possibility of the Seller to conclude a contract of sale with the Buyer on individually agreed terms and conditions. The Buyer acknowledges that the Seller is not obliged to conclude a contract, with persons who have previously substantially breached their obligations towards the Seller.
17. The Buyer has the right to withdraw (cancel) an order, already sent to the Seller, without giving any reason, within one (1) hour of its entry into the system – in writing to the email info.anjolie@gmail.com. The cancellation request must always include the order number.
18. Before sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including regarding the Buyer’s ability to detect and correct errors made when entering data in the order.
19. 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).
20. The ordered goods are sent to the Buyer via the carrier. The price for shipping and packing is charged together with the purchase price of the goods. The amount of postage (shipping) is published on the web interface and the buyer is informed about it when placing an order in the system. The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. The goods can be delivered to the Czech Republic and Slovakia.
21. Terms and conditions and the Complaints Procedure are permanently published on the Seller’s website; the Buyer is obliged to get acquainted with them before dispatch. The Complaints Procedure is Annex 1 to these Terms and Conditions and is an integral part thereof.
22. The resulting contract may be amended or cancelled only by mutual agreement of the parties.
23. The Seller is obliged to deliver the goods specified in the contract of sale (attention – the photos of the products listed on the anjolie.cz e-shop are for illustrative purposes only – the manufacturer reserves the right to change the packaging), except when these goods are out of stock.
25. The Buyer agrees to the use of remote means of communication in the conclusion of the Purchase Contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself and shall not differ from the basic rate.
IV. PAYMENT TERMS
25. Bank transfer Payment of the total price is paid by the buyer before delivery of the goods by ordinary wire transfer. The account number and variable symbol is displayed at the end of the ordering process and forwarded to the buyer’s e-mail address indicated in the order.
26. Online payment card the processing of the order (i.e., the dispatch of the goods to the Buyer) only occurs after the corresponding amount has been credited to the Seller’s account.
27. The total price of the order can be paid by the buyer before delivery of the goods by wire transfer using a debit/credit card. The Buyer is redirected to the payment gateway upon completion of the order and proceeds according to the instructions displayed. For this payment, the terms and conditions set by the buyer’s bank apply. The intermediary for bank transfers is the payment gateway PayU.
The data transmission is secured throughout the transaction by SSL (Secure Society Layer) protocol and 3D Secure solution. Thus, all data is processed directly on the payment gateway’s servers, which guarantees its complete security.
29. We accept payments by VISA, MasterCard, Diners Club International, Maestro. The Seller is the owner of the object of the purchase contract concluded between the Buyer and the Seller until full payment of the purchase price.
Use of DISCOUNT CODES
30. You can use the specified discount codes when making a purchase.
31. The purchase price must be higher than the value of the discount applied.
V. OPTIONS FOR WITHDRAWAL FROM THE PURCHASE CONTRACT
32. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a contract of sale for the supply of goods that have been modified according to the wishes of the Buyer or for the Buyer’s person, from a contract of sale for the supply of perishable goods, as well as from goods , which has been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in closed packaging which the buyer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of a sound or visual recording or a computer program if the original packaging has been damaged.
33.Unless the case referred to in Article V. 32. or any other case in which it is not possible to withdraw from the contract of sale, the purchaser shall have the right to withdraw from the contract of sale within fourteen (14) days in accordance with the provisions of Section 1829 (1) of the Civil Code.
This period shall run from:
- – acceptance of the goods by the buyer or a third party (other than the carrier) designated by the buyer.
- – acceptance of the last delivery of the goods by the buyer or a third party (other than the carrier) designated by the buyer, if the subject matter is several types of goods or the delivery of several parts: or
- – acceptance of the first delivery of the goods by the buyer or a third party (other than the carrier) appointed by him if the goods are subject to a regular recurring delivery.34. Withdrawal from the contract of sale must be sent to the seller within the period specified in the preceding sentence. The Buyer may use the form available on the Website to withdraw from the Purchase Contract. Withdrawal from the contract must be made in a demonstrable manner in writing by data message (email) to the address info.anjolie@gmail.com, or by post to Anarich JP, s.r.o., Jabloňová 1142, 252 42 Jesenice. To comply with the withdrawal period, it is sufficient to send the withdrawal before the expiry of the relevant period. The Seller will issue the Buyer with a written confirmation of receipt of the withdrawal notice without undue delay and will contact the Buyer to confirm further action.
35. In the event of withdrawal from the contract of sale pursuant to Article V. 33. of the Terms and Conditions, the contract of sale shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract at the latest.
36. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal means due to their nature.
37. In the event of withdrawal from the contract pursuant to Article V. 33. of the Terms and Conditions, the Seller shall return the monies received from the Buyer. The consumer shall only be entitled to a refund of the lowest freight offered (if he has chosen a more expensive method of transport). The refund shall be made within fourteen (14) days of the withdrawal from the purchase
contract, in the same way the Seller received them from the Buyer. The Seller shall also be entitled to refund the monies already provided to the Buyer upon return of the goods or otherwise, provided that the Buyer agrees to this, and no further costs are incurred by the Buyer in doing so. If the Buyer withdraws from the contract of sale, the Seller is not obliged to return the monies received to the Buyer before the Buyer returns the goods to the Seller or proves that he has dispatched the goods to the trader.
38. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
39. The Seller shall be entitled to withdraw from the contract of sale at any time until the goods have been accepted by the Buyer. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
40. 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 termination condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the provided gift together with the Goods to the Seller
VI. LIABILITY FOR DEFECTS, WARRANTY
41. The rights and obligations of the contracting parties regarding rights of defective performance are governed by the relevant generally binding regulations (the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
42. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
- – the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and based on the advertising carried out by them,
- – the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- – the goods correspond in quality or workmanship to the agreed sample or specimen if the quality of workmanship was determined by reference to the agreed sample or specimen,
- – the goods are in the appropriate quantity, measure, or weight; and
- – the goods comply with the requirements of the legislation.43. The provisions set out in Article VI. 42. of the Terms and Conditions shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer or which results from the nature of the goods.
44. If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. The purchaser shall be entitled to claim the right to claim for a defect that occurs in consumer goods within twenty-four months of receipt. However, if the defect in the goods does not occur until after the expiry of the period of six months from receipt, it shall be for the buyer to prove that the goods were already defective when they were taken over.
45. The Buyer shall assert the rights arising from the defective performance at the Seller’s address of the Seller’s establishment where the acceptance of the claim is possible regarding the range of the
goods sold, or also at the registered office or place of business.
46. Other rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Complaints Regulations.
VII. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
47. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
48. The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to take any action that could allow him or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the Shop.
49. The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the Shop when using the web interface of the Shop. The web interface of the Shop may only be used to the extent that is not detrimental to the rights of other customers of the Seller and that is in accordance with its purpose.
50. The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the Website or from use of the Website contrary to its intended use.
51. Any disputes between the Buyer as a consumer and the Seller may be resolved through out-of- court consumer dispute resolution. The Czech Trade Inspection Authority, whose website is located at www.coi.cz, is the subject matter competent for the out-of-court settlement of consumer disputes. The Seller is authorised to sell goods based on a trade licence. Trade control is carried out within the scope of its competence by the competent trade licensing authority. Supervision in personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll. on Consumer Protection, as amended, within the defined scope.
52. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
53. The Seller shall not be bound by any code of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
VIII. DATA PROTECTION
54. The protection of personal data of the buyer, who is a natural person, is provided in accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).
55. Information on the processing of personal data can be found here.
IX. SENDING COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES
56. By entering the Contract, the Buyer consents to the sending of commercial communications concerning the Seller’s offer of products and services to the electronic address obtained from the
Buyer when purchasing products or registering. On the Seller’s website, the Buyer may object to the sending of such commercial communications. It is further possible to edit the sending of commercial notifications within the user account or at any time via the hyperlink available in the individual commercial notifications sent.
57. The Buyer agrees to the storage of Cookies on his/her computer. The Buyer can find information about Cookies on the Website. If a purchase can, be made on the website and the Seller’s obligations under the Purchase Agreement can be fulfilled without the storage of Cookies on the Buyer’s computer, the Buyer may revoke his/her consent pursuant to the preceding sentence at any time.
X. DELIVERY
58. Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail via a postal service provider (at the sender’s choice). The Buyer shall be delivered to the electronic mail address specified in his user account or order
XI. ELECTRONIC RECORD-KEEPING OF RECEIPTS
59. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the sales received with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
XII. FINAL PROVISIONS
60. The contracting parties agree on the Czech applicable law for a legal relationship containing an international element, provided that if the contracting party is a consumer, the applicable law for rights and obligations shall be determined based on the relevant provisions of the conflict of laws rules.
61. If any provision of the terms and conditions is or becomes invalid or ineffective, 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 to the contract of sale or the terms and conditions shall be in writing.
62. The contract of sale including the terms and conditions shall be archived by the seller in electronic form and shall not be accessible.
63. Contact details of the Seller: info.anjolie@gmail.com, Tel: +420 608 359 608
64. These terms and conditions are valid from 29 September 2022 until a new version is issued.
General terms and conditions for legal entities and entrepreneurs who are not consumers
These terms and conditions (hereinafter referred to as “terms and conditions”) of Anarich JP, s.r.o.
with registered office at Jabloňová 1142, 252 42, ID No.: 24230812, VAT No.: CZ24230812, registered in the Commercial Register kept at the Municipal Court in Prague under file number C 200418 (hereinafter referred to as “Seller”) hereinafter referred to as 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the parties arising in connection with or based on a contract of sale (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another entrepreneur who is not a consumer or a legal entity (hereinafter referred to as the “Buyer”) through the Seller’s online store. The Seller and the Buyer are hereinafter collectively referred to as the “Parties”.
The Online Shop is operated by the Seller on a website located at https://www.anjolie.cz (hereinafter referred to as the “Website”), through a website interface (hereinafter referred to as the “Store Web Interface”).
I. Introductory provisions
1. The provisions of the terms and conditions are an integral part of the contract. Provisions deviating from the terms and conditions may be negotiated in the contract. Deviating provisions in the contract shall take precedence over the provisions of the terms and conditions. The Seller may amend or supplement the terms and conditions. The rights and obligations of the contracting parties shall always be governed by the wording of the terms and conditions under which they arose. The rights and obligations of the contracting parties are further governed by the Complaints Procedure, which is Annex 1 to the Terms and Conditions and is an integral part thereof, and further by the terms and conditions and instructions set out on the web interface, in particular at the conclusion of the contract. In matters not regulated herein, the relations of the contracting parties shall be governed by law, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).
2. These terms and conditions apply to buyers who are entrepreneurs and are not consumers, and to legal entities. Contracts concluded with a consumer are not subject to these terms and conditions, but to the General Terms and Conditions for Consumers.
3. The buyer acquires ownership of the goods by paying the full purchase price, but not before taking possession of the goods.
4. By sending the order, the buyer confirms that he has read these terms and conditions.
II. Order and conclusion of the contract
5. The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges except for the cost of delivery of the goods. The Seller guarantees the price quoted in the offer. If a discount is indicated for the goods, the price including the discount shall only be valid for the period of its publication. This provision does not limit the seller’s ability to conclude a contract of sale on individually agreed terms.
6. By the contract of sale, the Seller undertakes to procure and deliver to the Buyer the goods specified in the order and the Buyer undertakes to take delivery of the goods and to pay to the Seller the purchase price published on the Website in the manner and on the terms and conditions further set out in these terms and conditions.
7. The Buyer orders the Goods directly on the Website via a special form. The order form
contains information on:
- – the goods ordered (the goods ordered are “inserted” by the buyer into the electronicshopping cart of the web interface of the shop).
- – the method of payment of the purchase price of the goods.
- – the desired method of delivery of the ordered goods; and the costs associated with thedelivery of the goods (hereinafter collectively referred to as the “Order”).
The Buyer is obliged to provide all the information required by the form to create the Order truthfully. An order is placed by confirming the “order with payment due” function, and by placing an order the Buyer agrees to accept the goods ordered and to pay the agreed price for the goods. The order thus executed shall be deemed binding.
8. The Seller shall, as a rule, acknowledge receipt of the order to the Buyer no later than within one working day of receipt of the order. Upon delivery of the confirmation e-mail of receipt of the order, the purchase contract is concluded. All confirmed orders are binding.
9. The list of goods proposed for sale by the Seller does not constitute an offer by the Seller within the meaning of Section 1732 of the Civil Code, and the Seller is not obliged to conclude a contract of sale in respect of such goods. This is without prejudice to the possibility of the Seller to conclude a contract of sale with the Buyer on individually agreed terms. The Buyer acknowledges that the Seller is not obliged to conclude a contract, with persons who have previously substantially breached their obligations towards the Seller.
10. The Buyer has the right to withdraw (cancel) an order, already sent to the Seller, without giving any reason, within one (1) hour of its entry into the system – in writing to the email info@puravia.cz. The cancellation request must always include the order number.
11. Before sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors made when entering data in the order.
12. 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).
13. The ordered goods are sent to the buyer via the carrier. The price for shipping and packaging is charged together with the purchase price of the goods. The amount of postage (shipping) is published on the web interface and the buyer is also informed about it when placing an order in the system. The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. Goods can be delivered to all EU countries.
14. The terms and conditions and the complaints procedure are permanently published on the Seller’s website; the Buyer is obliged to familiarize himself with them before shipment.
15. The resulting contract may only be amended or cancelled by mutual agreement of the parties.
16. The Seller is obliged to deliver the goods specified in the Purchase Contract, except if these goods are not in stock.
17. the Buyer agrees to the use of remote means of communication in the conclusion of the Purchase Contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself and shall not differ from the basic rate.
III. Payment terms
18. Bank transfer Payment of the total price is paid by the buyer before delivery of the goods by ordinary wire transfer. The account number and variable symbol is displayed at the end of the ordering process and forwarded to the buyer’s email specified in the order. The processing of the order (i.e., the dispatch of the goods to the buyer) takes place only after the corresponding amount has been credited to the seller’s account.
19. Online payment card the total price of the order can be paid by the buyer before delivery of the goods by means of a wire transfer using a debit/credit card. The Buyer is redirected to the payment gateway upon completion of the order and further follows the instructions displayed. For this payment, the terms and conditions set by the buyer’s bank apply. The intermediary for bank transfers is the payment gateway PayU. The data transmission is secured throughout the transaction by SSL (Secure Society Layer) protocol and 3D Secure solution. Thus, all data is processed directly on the payment gateway’s servers, which guarantees its complete security. We accept payments by VISA, MasterCard, Diners Club International, Maestro. The seller is the owner of the object of the purchase contract concluded between the buyer and the seller until the purchase price is paid in full.
Use of DISCOUNT CODES
You can use the specified discount codes when making a purchase.
The purchase price must be higher than the value of the discount applied.
IV. Withdrawal from the contract
20. The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the Goods. In this case, the Seller shall refund to the Buyer the purchase price already paid by the Buyer, without cash, to the bank account notified to it for this purpose by the Buyer or the account from which the funds were transferred for payment of the purchase price (unless the Buyer notifies the Seller of any such account within 5 days of the withdrawal).
21. The Buyer shall be entitled to withdraw from the Contract if the Seller is in delay in delivering the Goods for more than 4 weeks from the agreed date of delivery.
22. The Buyer is not entitled to withdraw from the contract in respect of goods which have been delivered properly, on time and without defects. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract of sale for the delivery of goods which have been modified according to the Buyer’s wishes or for the Buyer’s person, a contract of sale for the delivery of perishable goods, as well as goods which are perishable , which has been irretrievably mixed with other goods after delivery, from a sales contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be
returned for hygienic reasons, and from a sales contract for the supply of an audio or visual recording or a computer program if the consumer has damaged the original packaging of the recording or visual recording or computer program.
23. Withdrawal from the contract must be in writing and, in the case of contracts negotiated electronically, also electronically. Withdrawal from the contract shall be effective upon delivery of the notice of withdrawal to the other party. Withdrawal from the contract must be made in a demonstrable manner in writing by data message (email) to info.anjolie@gmail.com, or by post to Anarich JP, s.r.o., Jabloňová 1142, 252 42 Jesenice. To comply with the withdrawal period, it is sufficient to send the withdrawal before the expiry of the relevant period. The Seller will issue the Buyer with a written confirmation of receipt of the withdrawal notice without undue delay and will contact the Buyer to confirm further action.
24. In the event of withdrawal from the contract of sale of the terms and conditions, the contract of sale shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract at the latest.
25. If the Buyer withdraws from the contract of sale, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.
26. In the event of withdrawal from the contract pursuant to Article V. 33. of the Terms and Conditions, the Seller shall return the monies received from the Buyer. The consumer is only entitled to a refund of the lowest freight offered (if he/she has chosen a more expensive method of transport). The refund shall be made within fourteen (14) days of the withdrawal from the purchase contract, in the same way the Seller received them from the Buyer. The Seller shall also be entitled to refund the monies already provided to the Buyer upon return of the goods or otherwise, provided that the Buyer agrees to this, and no further costs are incurred by the Buyer in doing so. If the Buyer withdraws from the contract of sale, the Seller is not obliged to return the monies received to the Buyer before the Buyer returns the goods to the Seller or proves that he has dispatched the goods to the trader.
27. The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
28. The Seller shall be entitled to withdraw from the contract of sale at any time until the goods have been accepted by the Buyer. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any undue delay, to the bank account designated by the Buyer.
29. If a gift has been given together with the goods, the gift contract shall lose its effectiveness upon withdrawal by either party.
V. Rights arising from defective performance
30. The rights and obligations of the contracting parties regarding rights arising from defective performance shall be governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
31. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller shall be liable to the buyer that at the time the buyer took delivery of the goods:
– the goods have the characteristics agreed between the parties and, in the absence of
agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and based on the advertising carried out by them,
- – the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- – the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality of workmanship was determined by reference to the agreed sample or specimen,
- – the goods are in the appropriate quantity, measure, or weight; and
- – the goods comply with the requirements of the legislation.32. The provisions referred to in Article V. 2. of the Terms and Conditions shall not apply in the case of goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
33. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective on receipt.
34. The rights arising from defective performance shall be asserted by the Buyer at the Seller’s address of the Seller’s establishment where the acceptance of the claim is possible regarding the range of goods sold, or, where applicable, at the registered office or place of business.
35. Other rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Complaints Regulations.
VI. Protection of trade secrets
36. In the negotiation of the contract and its performance, information may be communicated to the buyer which is marked as confidential or whose confidentiality arises from its nature. The purchaser undertakes in particular:
- – to keep confidential.
- – not to disclose it to any other person without the consent of the Seller.
- – not to use it for any purpose other than the performance of the contract.
- – not to use it in any other detrimental way.37. The Buyer further agrees not to make copies of the documents handed over to him by the Seller without the Seller’s consent.
VII. Other rights and obligations of the Parties
38. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
39. The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to take any action that could allow him or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the Shop.
40. The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the Shop that could have a negative impact on the operation of the web interface of the Shop. The web interface of the Shop may only be used to the extent that is not detrimental to the rights of other customers of the Seller and that is in accordance with its purpose.
41. The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.
42. The Seller is entitled to sell goods based on a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection.
43. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
44. The Seller shall not be bound by any code of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
VIII. Privacy Policy
45. The protection of personal data of the buyer, who is a natural person, is provided in accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).
46. Information on the processing of personal data can be found here.
IX. Sending of commercial notifications and storage of cookies
47. By concluding the contract, the buyer agrees to receive commercial communications concerning the seller’s product and service offer to the electronic address obtained from the buyer when purchasing products or registering. On the Seller’s website, the Buyer may object to the sending of such commercial communications. It is further possible to edit the sending of commercial notifications within the user account or at any time via the hyperlink available in the individual commercial notifications sent.
48. The Buyer agrees to the storage of Cookies on his/her computer. The Buyer can find information about Cookies on the Website. If a purchase can, be made on the website and the Seller’s obligations under the Purchase Agreement can be fulfilled without the storage of Cookies on the Buyer’s computer, the Buyer may revoke his/her consent pursuant to the preceding sentence at any time.
X. Delivery
49. Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail via a postal service provider (at the sender’s choice). The Buyer shall be delivered to the electronic mail address specified in his user account or order.
XI. Electronic record-keeping of receipts
50. According to the Act on sales records, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the sales received with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
XII. Final Provisions
51. The parties to the contract agree on the Czech applicable law for the legal relationship containing an international element.
52. If any provision of the terms and conditions is or becomes invalid or ineffective, 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 to the contract of sale or the terms and conditions shall be in writing.
53. The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
54. Contact details of the Seller: info.anjolie@gmail.com, Tel: +420 608 359 608
These terms and conditions shall be valid from 29 September 2022 until a new version is issued.