Oceanika Spa s.r.o.
is located Štorkánova 2810/9, Smíchov, 150 00 Praha 5
entered in the Commercial Register kept at the Municipal Court in Prague under. sp. No. C 2 11878
for the sale of goods through an online store located at the internet address www.purefiji.cz
1. Basic provision
These terms and conditions apply to purchases in the online store www.purefiji.cz and define the rights and obligations of the seller (store operator, supplier of goods) and buyer (customer as a consumer). The operator of the online store is Oceanika Spa s.r.o., with its registered office at Hoškova 1110/6, Košíře, 158 00 Prague 5, IČ: 01842633. All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, relations not regulated by business conditions are governed by Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 634/1992 Coll., On Consumer Protection, as amended.
Consumer contract – is a purchase contract, a contract for work, or other contracts, if the contracting parties are the consumer on the one hand and the entrepreneur on the other.
Supplier / seller – is a person who, in concluding and performing a contract, acts within the scope of his business or other entrepreneurial activity. It is an entrepreneur who directly or through other entrepreneurs supplies goods or services to the buyer. The customer of the online store is the buyer. With regard to the Consumer Protection Act and related legal regulations, a distinction is made between a buyer who is a consumer and a buyer who is an entrepreneur.
Buyer - consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.
Buyer - businessman is a buyer who buys products or uses services for the purpose of his business in accordance with § 420 of the Civil Code. Special provisions on the sale of goods in a shop shall not apply to the regulation of relations between the seller and the buyer-entrepreneur, with the exception of the provisions of Section 2160, which shall expressly apply to the relationship between the seller and the buyer-entrepreneur. Furthermore, the provisions on obligations under contracts concluded with the consumer (Part 4 of the Civil Code) do not apply to the relationship between the seller and the buyer - entrepreneur, especially the provisions of § 1829 et seq. Civil Code). If the buyer acts within the scope of concluding the contract in the position of an entrepreneur, he is obliged to state his identification number (IČO) and tax identification number (DIČ) in his order.
Purchase contract – All presentation of goods placed on the store's website (www.purefiji.cz) is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply. The purchase contract is not concluded by sending the order by the buyer to the seller (by e-mail, telephone, via the web interface), or by sending automatically sent information of the seller about the acceptance of the order to the buyer. The purchase contract will be concluded only at the moment of confirmation of the buyer's order by the seller. From this moment, mutual rights and obligations arise between the buyer and the seller, which are defined by the purchase contract and business conditions, which are an integral part of this contract. The conclusion of the purchase contract without negotiating all its requisites stipulated by the Civil Code is excluded in the sense of the provisions of § 1726 of the Civil Code. Furthermore, in accordance with the provisions of Section 1740, Paragraph 3 of the Civil Code, the Seller excludes the acceptance of an offer with an amendment or deviation. The concluded purchase contract can be changed only with the agreement of both parties, exclusively in the form of written mutually signed amendments.
By concluding the purchase contract, the seller is obliged to deliver the goods to the buyer and the buyer is obliged to take over the goods and pay the purchase price of the goods, including agreed transport costs, packaging, etc. The delivered goods remain the property of the seller until full payment of the purchase price. The risk of damage to the goods (goods) passes in full to the buyer on the day of receipt of the goods. The buyer is obliged to mark the goods in an appropriate manner as the property of the seller. Any costs of the seller associated with the application of the reservation of title (including any costs of legal services and court costs) shall be borne by the buyer. The buyer bears the risk of damage, the risk of theft, costs associated with storage, insurance, the risk of damage caused to third parties and any other related costs and risks for the entire duration of the retention of title. The buyer is obliged to insure the delivered goods against all risks during the period of validity of the reservation of title. The buyer is obliged to immediately notify the seller of any damage to the delivered goods, as well as all execution measures against these goods subject to reservation of title and send the seller copies of notes relating to enforcement proceedings, which may endanger the goods. In addition, the buyer is obliged to take all measures to ensure that the goods are not included in the property of the buyer and are not subject to execution. In the event of the commencement of insolvency proceedings against the buyer's property, the buyer is obliged to notify the seller immediately and take all measures, as well as to provide the seller with all cooperation so that the goods covered by the reservation of title are not included in the property of the buyer. In the event that the buyer is in arrears with the payment of his obligations to the seller, he is obliged to return the delivered goods, which are subject to retention of title, at any time at the request of the seller, even if this was with a third party.
The seller does not bear any responsibility for errors in data transmission, or for damage in the event of an ICT failure.
3. Information on the concluded contract and business conditions
By concluding the purchase contract, the buyer confirms that he has read these terms and conditions and that he agrees with them. These business conditions form an integral part of the concluded contract. After completing the order, the buyer will be sent an e-mail confirmation of this order. The moment of concluding the purchase contract is considered to be the moment of confirmation of the order by the seller.
The contract is concluded in the Czech language. The concluded contract is archived by the seller only for the purpose of its successful fulfillment, in accordance with the relevant legal regulations. Information about the individual technical steps leading to the conclusion of the contract is evident from the ordering process in our online store and the buyer has the opportunity to check and possibly correct the order before sending it. These terms and conditions are displayed on the website of the online store and thus their archiving and reproduction by the buyer is enabled. The costs of using means of distance communication (telephone, internet, etc.) for the execution of the order are in the normal amount, depending on the tariff of telecommunication services used by the customer.
4. Delivery of goods
The supplier undertakes to deliver the ordered goods according to size and weight either:
- contractual transport service through the transport company (according to current availability and according to the choice of the seller), or
- for personal collection by the buyer at the branches of the supplier / seller.
Deliveries of the subject of performance will be realized in the shortest possible time, usually 2 -5 working days, depending on the availability of products and operational capabilities of the seller. In exceptional cases, or if the goods are not in stock, the delivery time may be longer, of which the buyer will be notified immediately after finding out this fact. The information on delivery times stated on the seller's website is for information only, and only mutually agreed delivery times are binding. The place of delivery is determined on the basis of the buyer's order, confirmed by the seller. Delivery of the item to the specified address is considered fulfillment of the delivery, or if it is ready for acceptance by the buyer in the selected branch of the seller.
Transport to the destination address is provided by the seller at the buyer's expense. The consignment with the goods normally includes a tax document (invoice) and instructions for using the product in the Czech language. The buyer is obliged to carefully check the integrity of the transport packaging upon receipt of the goods from the transport service. In the event that the packaging is damaged, the buyer is obliged to include this information in the handover protocol of the transport service, resp. consignment note of the carrier. The buyer is obliged to immediately notify the seller of any damage to the shipment.
If, at the initiative of the buyer, other requirements are submitted or changes are made in connection with the subject of delivery, the delivery time will be extended by the time needed to make these changes. Even in the case of bindingly agreed deadlines, the Seller shall not be liable for delays in deliveries due to force majeure and events that will significantly make it difficult or impossible for the Seller to deliver. For example, the following events are considered force majeure, but this list is not exhaustive: lightning strikes, storms, floods, earthquakes and other natural disasters; epidemic; accidents affecting the production or storage of products, total or partial interruption of the supply of raw materials or energy, failure of machinery; labor problems such as strikes, slowdowns or closures, labor shortages; war, civil unrest, blockades, vandalism and demonstrations; the acts or omissions of any governmental or administrative authority, including embargoes, licensing controls or restrictions on production and distribution; any causes beyond the seller's reasonable control. Force majeure is considered to be obstacles that occur at the seller himself, at the seller's suppliers or their subcontractors. The above facts entitle the seller to postpone the delivery by the duration of the obstacle and a reasonable time needed to complete the delivery. If the delivery of goods or services has become impossible or impracticable for the seller due to an obstacle, the seller is entitled to withdraw from the contract.
If the seller is in arrears, or if the delivery of goods or services is impossible for reasons caused by the seller, the buyer is entitled to withdraw from the contract after the expiration of a reasonable additional period provided in writing, but at least for the duration of the obstacle. The buyer's right to withdraw from the contract applies in principle only to the unfulfilled part of the contract.
Delivery of goodswe provide throughout the Czech Republic. Shipping prices include VAT. We distinguish the costs of transporting goods according to the chosen method.
Shipping companies selected when purchasing goods in the order form
Shop: Pavlovská 1740/44, 692 01 Mikulov
5. Payment Terms
The purchase price of the goods or services will be paid in cash upon delivery of the subject of performance, or the seller also provides the opportunity to use other methods of payment, which are listed below. If the customer chooses to pay in advance, the seller will wait with the shipment of goods until the customer's obligation to make payment is met. Making a payment means crediting the entire amount according to the contract to the seller's account. It is also possible to agree on an advance payment for the goods, up to 100% of the order value. In this case, the seller is entitled to demand an advance payment in the agreed amount before sending the goods. If a deposit is required, the document "Advance invoice - tax document" is issued. After delivery of the goods, the value of the deposit is deducted from the tax document.
All prices are final, including VAT and contributions for the disposal of historical electrical waste, respectively. other charges which the consumer is obliged to pay for the goods. All goods are delivered with a tax document and delivery note. The goods remain the property of the seller until full payment of the purchase price. In the event of cancellation of the order or part thereof by the supplier (eg the goods are sold), the money or the relevant part is immediately returned to the account number from which it was transferred, unless otherwise agreed.
All changes and price changes on the online store are reserved. The offer of goods according to the seller's website is valid until the stock is sold out or the seller's ability to perform is lost, while the number of action pieces is always stated in the offer, or for a specified period of time. The price is valid at the time of ordering.
- Cash payment upon receipt of goods
- cash on delivery
- Payment by bank transfer
- Payment with a 14-day invoice
- Card payment through Comgate payment gateway
Based on the choice of the buyer, the seller will deliver the goods to the place and in the manner specified by the buyer in the order. The buyer is obliged to take over the goods delivered in this way, otherwise the goods will be stored at his expense and, after agreement, also sent again at his expense.
The invoice / tax document will be sent to the buyer together with the goods, or by e-mail to the e-mail address specified in the order.
6. Withdrawal from the contract by the buyer in the position of a consumer
In accordance with the provisions of § 1829 of the Civil Code, the consumer has the right to withdraw from the contract without giving reasons within 14 days of receipt of the goods, respectively. from the receipt of the last delivery of goods, if the content of the purchase contains several types of goods or the goods consist of several parts (it is sufficient to send the 14th day of the period). If the buyer decides to withdraw within this period, and observes the conditions below, he will be refunded the purchase price and the cost of the cheapest method of delivery of goods from the seller to the buyer. In accordance with § 1820 par. 1 let. g) and § 1832 par. 3, the consumer bears the withdrawal from the purchase contract according to § 1829 et seq. costs associated with the return of goods. This right does not serve as a way of resolving a claim for goods.
If you decide to withdraw within this period, please comply with the following conditions:
- No later than the 14th day after receipt of the goods, a statement of intent to withdraw from the contract must be sent to the seller.
- Deliver the goods back at your own expense to the warehouse Pavlovská 1740/44, 692 01 Mikulov, no later than 14 days from the withdrawal from the contract.
- We recommend returning the goods that you will send as part of this withdrawal in the original undamaged packaging, the goods must not show signs of use, must be undamaged, complete (including accessories, warranty card, instructions, etc.) and with a copy of the proof of purchase. Do not send goods cash on delivery. We recommend that you insure the goods.
- The money for the goods and the costs of the cheapest offered method of delivery of goods from the online store will be returned to you in the same way as they were received, or according to the agreement by invoice or transfer to your account within 14 days of withdrawal from the contract. The seller is not obliged to return all funds spent to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller without defects and without damage.
- If the value of the goods has been reduced (there has been partial consumption or wear and tear of the goods as a result of handling the goods differently than necessary due to their nature and properties; the goods are incomplete or damaged), the buyer is obliged to replace the demonstrably missing value. in money. The seller is entitled to set off the amount representing compensation for damage incurred by using the goods in violation of § 1833 against the purchase price.
- If the subject of the concluded contract were services and their performance was started, then the buyer is obliged to pay a proportionate part of the price for the consumed services, if the buyer withdrew from the contract.
- If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return given a gift.
- If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
The buyer in the position of a consumer cannot withdraw from the concluded contract in the sense of the provisions of § 1837 of the Civil Code:
- a) on the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract,
- b) on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the period for withdrawal from the contract,
- c) on the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the entrepreneur,
- d) on the supply of goods which have been adapted to the wishes of the consumer or to his person,
- e) on the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
- f) repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
- g) on the delivery of goods in a closed package which the consumer has removed from the package and for hygienic reasons it is not possible to return,
- h) on the delivery of an audio or video recording or a computer program, if it has broken their original packaging,
- i) on the supply of newspapers, periodicals or magazines,
- j) on accommodation, transport, meals or the use of free time, if the entrepreneur provides these services within the specified period,
- k) concluded on the basis of a public auction in accordance with the law governing public auctions, or
- l) on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract.
7. Withdrawal from the contract by the seller
The seller is entitled to withdraw from the contract concluded with the customer in those cases where the goods are no longer produced or delivered, or the price of the supplier of the goods has changed significantly, resp. it is not possible to deliver goods to the seller from the seller's supplier at the originally stated price, also in the case of an obvious error in the price of the goods (ie prices obviously different from the price usual for this type / kind of goods).
An obvious error in the price of goods is considered, for example, the incorrect indication of the first three digits instead of four; one digit lower price (eg when entering the price, one digit "falls out"); obviously low price of the goods (eg 50% lower price than is usual for this type and type of goods, without stating that the goods are a sale or other discount); and other obvious errors in writing, obvious errors in the description of the goods, the image, etc., or in the case of a manifest error in the information provided by the customer center operator.
In the event that this situation occurs, the seller will immediately contact the buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address as soon as possible within 10 working days, but no later than 30 days from the cancellation of the order by the seller.
The seller may also withdraw from the contract if he has a reasonable concern and suspicion of misuse of personal data of the parties, payment cards, personal documents, etc ..
The above provisions apply mutatis mutandis to cancellation (cancellation) of an order .
8. Defective performance rights and warranty
Before the first use, the buyer is obliged to study the instructions for use or operating instructions and any warranty conditions and then strictly follow this information, otherwise there is a risk that its incorrect use will damage the item and will not be able to claim the defect under its right. from the seller's liability for defects. The period for exercising the rights under the seller's liability for defects begins to run when the buyer takes over the goods.
In accordance with § 2104, the buyer is obliged to inspect the goods as soon as possible after receipt and to be convinced of its properties and quantity. If the buyer is not a consumer, and damage is found, a record of the damage is made and the seller is obliged to provide a reasonable discount on delivery or deliver another perfect product. Subsequent claims for mechanical damage to the product can no longer be accepted.
At the request of the consumer, the seller is obliged to issue a confirmation in writing, to what extent and for how long his obligations in the event of defective performance.
When selling consumer goods, a period for exercising the rights arising from defective performance is set at 24 months if the buyer is a consumer and 12 months if the buyer is an entrepreneur. However, the warranty period may be set longer by a statement in the warranty card. If a guarantee longer than the agreed contract is provided in this way, the seller shall determine the conditions and extent of the warranty extension in the form of a statement in the guarantee certificate or special business conditions. Seller's liability for defects does not apply to normal wear and tear of the item (or its parts) caused by use.
The consumer has these rights when exercising the rights from liability for defective performance:
- The right to free repair of goods.
- The right to the delivery of new goods or the replacement of a part thereof, while this right may be exercised if the delivery of new goods or a part thereof is a reasonable solution to the complaint with regard to the nature of the defect. For these purposes, adequacy is assessed, for example, by the fact that the defect cannot be remedied by repair or that such repair appears to be a financially or temporally uneconomical solution. The consumer also has the right to deliver new goods or replace its parts if the defect is remediable, but the goods cannot be used for repeated occurrence of the defect (after repair - ie if the same defect occurs with the same manifestations a total of 3 times and such a defect was at least twice corrected) or used properly for a large number of defects.
- The right to withdraw from the contract - can be used if it is not possible to repair the item and it is not possible to deliver new goods or replace its components (if the conditions of this right are met). Furthermore, it is possible to use this right if the goods have a large number of defects, or it cannot be used properly due to the recurrence of the defect after repair.
- If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant inconvenience to the consumer.
The warranty period and the rights arising therefrom for all non-consumer buyers shall apply to the extent specified by the specific importer or manufacturer. Unless specified by the importer or manufacturer, the rights arising from the quality guarantee pursuant to § 2113 et seq. of the Civil Code.
The seller will decide on the complaint immediately, in complex cases within 3 working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint will be settled without undue delay, no later than 30 calendar days from the date of the complaint, unless the seller agrees otherwise in writing with the buyer. After this period, the consumer has the same rights as if it were a material breach of contract. The seller will issue a written confirmation to the consumer, which he will send to the consumer's e-mail about when the consumer has made a complaint, what its content is and what method of handling it requires. Furthermore, the seller will issue a confirmation to the consumer, which he will send to the consumer's e-mail about the date and method of handling the complaint, including a confirmation of the repair and its duration. In the event of a rejected complaint, the seller shall issue a written justification for the rejection to the consumer. Defective situation liability rights apply to the seller from whom the item was purchased. However, if another entrepreneur designated for repair is listed in the warranty card, which is closer to the seller's place or place for the buyer, the buyer shall exercise the right to repair at the entrepreneur designated to carry out the warranty repair.
9. Protection of personal data
The seller, as the operator of the online store www.purefiji.cz, guarantees that it processes the buyer's personal data in accordance with legal regulations and takes care of the protection of customer rights.
The Buyer has the right to decide whether to provide personal data to the Seller; the provision of personal data is a necessary condition for concluding the Contract.
The above personal data will be processed for the purpose of identifying the customer as a buyer, to carry out and perform the necessary accounting operations and post payment for the purchased goods, for the purpose of proper delivery of goods and to communicate with the customer. By sending the order, resp. proposal for concluding a purchase contract, the customer agrees that the seller may pass on personal data of its customers for the proper transport of goods, consumer credit and similar purposes to third parties, namely service providers, commercial communications, customer support services, carriers, installment companies , banking institutions and insurance companies, or for the purposes of possible recovery of due receivables from the Agreement. Otherwise, the seller does not sell or rent personal data for the benefit of a third party.
Prior to the transfer of personal data to a third party, a written contract is always concluded with this person regulating the processing of personal data, ensuring guarantees for the processing of personal data and compliance with the processing of personal data in accordance with the law.
The seller collects, stores and processes (hereinafter "processes") the identification and contact details of the buyer and some other data provided by the buyer in connection with the conclusion of the contract.
The processing of personal data can be both manual and automated and takes place in the administrator's information systems.
Personal data means the data provided about the buyer and his collection in the Contract, or the contractual form. i.e.
- First and last name,
- Address for invoicing and delivery of goods,
- telephone connection, the Buyer grants to the Seller
- Email address
In addition, we require buyers of legal entities or natural persons:
- Company name (business name)
- IČO, DIČ
The consent to the processing of personal data may be revoked by the buyer at any time, otherwise it is valid for a maximum of 36 months after the termination of the contractual relationship with the Seller.
More detailed information is provided by a document marked as Information on the processing of personal data available on our website.
10. Conflict solving
Mutual disputes between the supplier and the customer are settled by general courts.
11. Out-of-court settlement of a consumer dispute
In the sense of the provisions of § 1820 par. 1) letter j) of the Civil Code and § 14 par. 1 and § 20d et seq. Act No. 634/1992, on consumer protection, the seller informs that with a proposal for out-of-court settlement of a consumer dispute, the consumer may turn to the body of out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, on the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in the manner and under the conditions stipulated by the relevant legal regulations. For the avoidance of doubt, nothing in these terms and conditions shall preclude the consumer from having recourse to a civil court.
In Prague on 15.5.2018
Managing Director Oceanika Spa s.r.o.