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TERMS AND CONDITIONS

Tereza Švolíková, under the brand Objet petit a

INTRODUCTORY PROVISIONS

These terms and conditions ("Terms and Conditions") of Tereza Švolíková, with her registered office at Alšova 502, Kostelec nad Labem 277 13, Czech Republic, ID No. 06166920 ("Seller") are regulated in accordance with the provisions of § 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a Purchase Agreement ("Purchase Agreement") concluded between the Seller and another natural person ("Buyer") through the Seller's online store. The e-shop is operated by the Seller on a website located at the www.objetpetita.store internet address ("website") through the website interface ("web interface of the store").
The provisions of these Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in Czech and English. The Purchase Agreement can be concluded in Czech and English.
The wording of these Terms and Conditions may be changed or supplemented by the Seller. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.

CONCLUSION OF THE PURCHASE AGREEMENT

All presentations of goods placed in the web interface of the store are informative and the Seller is not obliged to conclude the Purchase Agreement for these goods. The provisions of § 1732 paragraph. 2 of the Civil Code does not apply.
The web interface of the store contains information about the goods, including the prices of individual goods. The cost of returning the goods shall correspond to the costs necessary for the return by postal route. The prices of the goods include value added tax and all related fees. The prices of goods remain valid as long as they are displayed in the web interface of the store. The prices of goods are not adjusted to the person of the Buyer on the basis of automated decision-making. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually negotiated conditions.
To order goods, the Buyer fills in the order form in the web interface of the store. The order form contains, in particular, information about:

ordered goods (ordered goods "added" by the Buyer into the electronic shopping cart of the web interface of the store),
the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

Before sending the Seller's order, the Buyer is allowed to check and change the input data that the Buyer has placed in the order. The order is sent by the Buyer Seller by clicking on the "Pay" button. The data stated in the order are considered correct by the Seller. Without undue delay after receiving the order, the Seller shall confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the order ("Buyer's e-mail address").
Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
The contract between the Seller and the Buyer is concluded upon the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
The Buyer agrees to use remote means of 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 (costs of internet connection, costs of telephone calls) are borne by the Buyer himself, and these costs do not differ from the basic rate.

PRICE OF GOODS AND PAYMENT TERMS

The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer by the Seller with a payment card. Alternative payment method can be agreed individually if needed.
Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods at the agreed rate. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the Purchase Agreement.
In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment, which is the order number. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the Seller's account.
The Seller is entitled, especially if the Buyer does not receive an additional confirmation of the order (Article 2.5), to require payment of the full purchase price before sending the goods to the Buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
If it is customary in the course of trade or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made under the Purchase Agreement. The Seller is not a payer of value added tax. The tax document - invoice is issued by the Seller to the Buyer after payment of the price of the goods and sends it in electronic form to the Buyer's electronic address.
In cases where the goods are made to measure of the Buyer, the Seller is entitled to require the Buyer and the payment of an advance payment of 50% of the final price of the goods. The Buyer is obliged to pay this payment within 3 days of receiving the electronic order confirmation by the Seller

WITHDRAWAL FROM THE PURCHASE AGREEMENT

The Buyer acknowledges 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 manufactured according to the Buyer's requirements or adapted to his personal needs. Therefore, custom-made goods cannot be returned within this period without giving a reason.
Unless it is a case referred to in Article 4.1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has in accordance with the provisions of § 1829 paragraph. 1 and para. 2 of the Civil Code, the right to withdraw from the Purchase Agreement within fourteen (14) days from the date on which the Buyer or a third party designated by him other than the carrier takes over the goods, or:

the last piece of goods, if the Buyer orders more pieces of goods within one order, which are delivered separately,
the last item or part of a supply of goods comprising several items or parts, or
the first delivery of goods, if the contract stipulates a regular delivery of goods for an agreed period.

Withdrawal from the Purchase Agreement must be sent by the Seller within the period specified in Article 4.2 of the Terms and Conditions To withdraw from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which forms an annex to these terms and conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to the e-mail address of the Seller objetpetita.lingerie@gmail.com.
In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is canceled from the beginning. The Buyer shall send or hand over the goods back by the Seller without undue delay, no later than fourteen (14) days after withdrawal from the contract, unless the Seller has offered to pick up the goods himself. The deadline according to the previous sentence is maintained if the Buyer sends the goods before its expiry. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller.
In the event of withdrawal from the Purchase Agreement pursuant to Article 4.2 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 by the Buyer, in the same way as the Seller received them from the Buyer or by wire transfer, if the original payment method does not allow a refund. In such a case, the Buyer is obliged, upon the Seller's request, to provide the data necessary to enter such a cashless payment. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Seller receives the goods or before the Buyer proves that he has sent the goods back, whichever occurs first.
The Seller is entitled to unilaterally set off the claim for damage caused to the goods against the Buyer's claim for a refund of the purchase price. Due to the nature of the goods sold (underwear), any pollution or odor makes it impossible to resell the goods. Please note that in such cases, the damage incurred will correspond to the full value of the goods.
In cases where the Buyer has in accordance with the provisions of § 1829 paragraph. 1 of the Civil Code the right to withdraw from the Purchase Agreement, the Seller is also entitled to withdraw from the Purchase Agreement at any time, until the goods are taken over by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to an account specified by the Buyer.

EXCHANGE OF GOODS

In the case of purchase of goods of an inappropriate size, the Buyer has the right to exchange the goods for another size of the same goods within 14 days of its receipt. In this case, the Buyer is obliged to send the goods back to the Seller's address after prior agreement with the Seller, which will exchange the product for a new product of the required size. The exchange of the product is free of charge, the Buyer will be charged only the costs associated with the repeated dispatch of the goods. Only unused, unspoiled and undamaged products can be replaced. The goods must be in their original packaging, unworn, unwashed, with all labels, without stains and odours. For hygienic reasons, the Buyer is obliged to test the purchased goods exclusively on underwear.

TRANSPORT AND DELIVERY OF GOODS

After completing the order, the Seller will dispatch the goods, as a rule, within 5 working days, and the delivery time will depend on the conditions of the shipping company. In justified cases, this period may be extended, and the Seller will inform the Buyer immediately after the conclusion of the contract and the new shipping time will depend on these reasons and the agreement between the Seller and the Buyer. If the Buyer does not agree to this extension, the Seller will immediately withdraw from the contract and return the purchase price to the Buyer.
Costs associated with the packaging of the goods are part of the purchase price. Shipping costs depend on the chosen mode of transport and will be communicated to the Buyer within the web interface of the store.
If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the 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 packaging of the goods and in case of any defects immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier. This does not affect the Buyer's rights from liability for defects of goods and other rights of the Buyer arising from generally binding legal regulations.

RIGHTS FROM DEFECTIVE PERFORMANCE

The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
The Seller is liable to the Buyer that the item has no defects upon receipt. In particular, the Seller is liable to the Buyer that the item corresponds to the agreed description, type and quantity, as well as quality, functionality and other agreed properties and that it is suitable for the purpose for which the Buyer requires it.
The Seller is liable to the Buyer that, in addition to the agreed properties:

the item is suitable for the purpose for which the thing of this kind is usually used,
the quantity of the item and other properties, including durability, functionality and safety, corresponds to the usual properties of things of the same kind that the Buyer can reasonably expect
the item is delivered with accessories, including packaging, and instructions for use that the Buyer can reasonably expect, and
the item corresponds to the quality or design of the sample or template that the Seller provided to the Buyer before the conclusion of the Purchase Agreement.

The provisions of Article 7.3 of the Terms and Conditions shall not apply if the Seller has specifically warned the Buyer before concluding the Purchase Agreement that some property differs and the Buyer expressly agreed to it when concluding the Purchase Agreement.
If a defect occurs within one year of receipt, the item is deemed to have been defective at the time of receipt, unless the nature of the item or defect excludes it. This period does not run for the period during which the Buyer cannot use the thing, if the defect is justified.
The Buyer may complain about a defect that will affect the item within two years of receipt. If the Buyer complains of the defect to the Seller legitimately, the period for determining the defect of the thing does not run for the period during which the Buyer can not use the thing.
If the item has a defect, the Buyer may request its removal. At its option, it may require the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to another; This is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in the second way without significant difficulties for the Buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the item would have without the defect.
The Seller shall remove the defect within a reasonable time after its reproach so as not to cause significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer bought the item. To remove the defect, the Seller will take over the thing at his own expense.
The Buyer may request a reasonable discount or withdraw from the Purchase Agreement if:

the Seller refused to remove the defect or did not remove it in accordance with Article 7.8 of the Terms and Conditions,
the defect manifests itself repeatedly,
the defect is a material breach of the Purchase Agreement, or
it is evident from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

If the defect of the item is insignificant, the Buyer may not withdraw from the Purchase Agreement (within the meaning of Article 7.9 of the Terms and Conditions); It is considered that the defect of the thing is not insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller will return the purchase price to the Buyer without undue delay after receiving the thing or the Buyer proves that he has sent the item.
The Seller is obliged to issue a written confirmation to the Buyer when making a claim, stating the date on which the Buyer made the claim, what its content is, what method of settling the complaint the Buyer requires and the Buyer's contact details for the purpose of providing information on the settlement of the claim.
Complaints, including the removal of defects, must be settled and the Buyer must be informed of it no later than thirty (30) days from the date of the claim, unless the Seller and the Buyer agree on a longer period.
After the expiry of the deadline under Article 7.12 of the Terms and Conditions, the Buyer may withdraw from the Purchase Agreement or request a reasonable discount.
The Seller is obliged to issue to the Buyer a confirmation of the date and method of settling the claim, including confirmation of the repair, and its duration, or a written justification for rejecting the complaint.
The rights arising from liability for defects of goods may be specifically exercised by the Buyer in particular by telephone at +42060395213 or by e-mail at objetpetita.lingerie@gmail.com.
Who has the right of defective performance, he is also entitled to reimbursement of costs reasonably incurred in the exercise of this right. However, if the Buyer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be complained of, the court will not grant the right if the Seller argues that the right to compensation was not exercised in time.
Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
Consumer complaints are handled by the Seller via e-mail. Complaints can be sent to the Seller's electronic address. Information on the settlement of the Buyer's complaint will be sent by the Seller to the Buyer's electronic address. Other rules for handling complaints are not provided by the Seller.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr Internet address can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.
European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
The Buyer may address a complaint to the supervisory authority or state supervision. The Seller is entitled to sell goods on the basis of a trade license. A trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended.
The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.

PRIVACY POLICY

its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ("GDPR") related to the processing of the Buyer's personal data for the purposes of performance of the Purchase Agreement, For the purposes of negotiating the Purchase Agreement and for the purpose of fulfilling the Seller's public law obligations, the Seller performs through a special document.

FINAL PROVISIONS

Calls and communications related to these Terms and Conditions may be delivered to the Buyer to his e-mail address specified in the order.
If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law under the previous sentence, the Buyer who is a consumer is not deprived of the protection afforded to him by the provisions of the law from which it is not possible to deviate contractually and which, in the absence of a choice of law, would otherwise apply under the provisions of Article 6 para. 1 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provisions 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.
The Purchase Agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
The annex to the Terms and Conditions consists of a sample form for withdrawal from the Purchase Agreement.

Prague, 4 June 2023.

ANNEX 1

Withdrawal form

Sender:

Name and surname:

Abode:

(or e-mail, phone number):

Addressee:

Tereza Švolíková, with her registered office at Alšova 502/6, Kostelec nad Labem 277 13, Czech Republic, ID No. 06166920

Notice of withdrawal from the Purchase Agreement

On .......... I have on your online store ............ ordered goods ........... , order number ............ , worth .......... CZK. I received the ordered goods on ...........

On the basis of the Article § 1829 paragraph. 1 in conjunction with the Art § 1818 of Act No. 89/2012 Coll., the Civil Code, I exercise my right and withdraw from the Purchase Agreement concluded via the internet, which concerns the above goods that I am sending back to you with this letter, and at the same time I ask you to remit the purchase price in the amount of .......... CZK and ......... CZK for postage to my bank account number ............. no later than 14 days from the delivery of this withdrawal.

Done at .......... on ..........

Name and surname of the consumer

(signature)

Attachments:

Proof of purchase

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