These General Business Conditions (hereinafter referred to as “the Business Conditions”) apply to contracts concluded through online shop ARANKA SLAVÍKOVÁ placed on website www.arankas.com (hereinafter refered to as “the website”) between our company
NALBRA s.r.o., located in Raisova 2595, 415 01 Teplice
Registered in business register maintained at the Regional Court in Ústí nad Labem, section C, insertion 38241
Address for service: NALBRA s.r.o., Raisova 2595, 415 01 Teplice
Telephone number: 00420 728 860 225 - for czech and italian speakers
00420 773 934 504 (viber) - for russian speakers
00420 608 047 654 - for english speakers
Contact e-mail: firstname.lastname@example.org
And you as buyers
With sales contract we oblige ourselves to deliver you the goods included in the purchase order and you oblige yourself to take over the goods (either personally or from the carrier) and pay us the sales price (or just “the price”), including the costs of delivering the goods and possible charges related to the chosen way of a payment provided in the order.
You receive an ownership rights for the goods after paying for the whole sales price but not earlier than after you take over the goods.
Does the sales contract relate only to the goods?
As the sales contract (or just „ contract“) is meant any contract, concluded according to these business conditions. Therefore it may include also a contract for the provision of services.
Is the sales contract a consumer contract?
It is a consumer contract in case you are a consumer, i.e. if you are a natural person a you buy goods outside the framework of your business activity or outside the framework of exercise of your profession. Otherwise it is not a consumer contract a there is no consumer protection applied to you according to legislation and these business conditions. In particular you as a non-consumer have no rights to withdraw from the contract without justification.
What are your rights as a consumer?
As a consumer you have:
A right to withdraw from the contract concluded by the means of long-distance communication devices such as telephone, e-mail or online shop (article 5 of these business conditions);
A guarantee claim of the unused goods for 24 months (application of the guarantee claim is provided by Return policy);
A right to sharing the information before the conclusion of a contract (informations are included in these business conditions or on the website);
A right for out-of-court resolution of the consumer dispute from the contract (article 7.3 of these business conditions).
What does our legal relationship follow?
Our legal relationship follows these documents:
These business conditions, which define and clarify our mutual rights and obligations;
Return policy, that we will follow if returning goods;
Conditions of using the website, which define registration on website, protection of your private data, protection of website content and other relationships relating to the use of the website;
Conditions and guidelines provided by the website, namely for the conclusion of a contract;
Order and its acceptance by our side,
And on points that are not covered here also these legal regulations:
law no. 89/2012 Sb., Civil Code, as amended (hereinafter „ Civil Code“);
law no. 634/1992 Sb., on consumer protection, o ochraně spotřebitele, as last amended (only if you are a consumer).
If your residence or seat is outside of the Czech Republic or if our legal relationship includes another international element, consider that our relationship follows the Czech law. If you are a consumer and legal system of your state of residence allows you bigger measure of consumer protection than the Czech legal system you are allowed in legal relations the bigger measure of protection.
How to agree with the business conditions?
Sending an order and next also accepting that you have read and accepted the business conditions on the website.
We can edit or add the business conditions. Your right and obligations are always following the business conditions as amended when you first accepted them.
How to conclude sales contract?
On the website there is listed a list of the goods including the description of the main features. With each good is listed a price including all taxes, custom duties and charges. Presentation of the goods is of informative character and is not meant to be our proposal for concluding a contract as in § 1732 article 2 of Civil Code. For concluding the contract you need to send the order and we need to accept it.
You can send the order by our website or by telephone, e-mail or any other way that is included in the up-to-date information on our website.
The order has to include all the information prescribed in the form, namely a precise description of the desired goods (numerical marking, where applicable), amount, chosen way of payment and delivery and your contact data (delivery and ,where applicable, billing)
Before the definite order you will be notified with recapitulation of the order including the final price (according to the chosen way of payment and delivery). We recommend to check namely the type and amount of the goods, e-mail and delivery address. In the framework of recapitulation you have a last chance to edit your information.
The definite order will be send by clicking on „Klikněte sem a zadejte text.“. Data provided in definite order are considered as correct and complete. In case of any change please inform us as soon as possible via Telephone or e-mail.
We will inform you about receiving the order. The information (confirmation) about obtaining the order is sent automatically and does not mean we have accepted the order, unless it is explicitly stated.
If we have any doubts about authenticity and seriousness of the order, we can contact you for verification. Unverified order can be declined. This kind of order is handled as if it was never ordered.
When is the contract concluded?
Sales contract is concluded when we send you confirmation of receiving the order by our side. Reception of the order will be send to the e-mail address you included in the order. If the reception was not to happen, the contract is concluded when you will pay the full sale price or take over the ordered goods (according to what will happen sooner). Reception of the order can be included in the information about obtaining the order according to article 2.2 of these business conditions (if specified in the confirmation) or can be followed after this confirmation on its own.
Information about individual technical steps leading to the conclusion of the contract are apparent from the website.
Can you cancel already sent order?
An order which we have not yet received (i.e. you have not received a reception of the order by our side according to article 2.3 of these business conditions) can be canceled via telephone or e-mail. All orders that are received by us are definite. Late cancellation of the order can be done only after agreement with us. If it is an order of goods that is not applicable for the right of withdrawal (more in article 5) we have a right for compensation for any costs we had paid in the terms of the contract.
Is it possible for the price on the website to be changed?
Prices of the presented goods and packaging, delivery and supply remain in effect as long as they are viewable on the website. Any possible sales are can not be combined unless the website says expressly something else.
In a case our side has done an obvious technical mistake in stating the price for the goods on the website or in the process of ordering, we are not obligated to deliver you the gods for this obvious mistake, not even in the case you have received an order confirmation. In such a case we reserve the right of withdrawal.
If a price, stated for the goods on the website or in the process of ordering, is not up-to-date anymore we will warn you immediately. If your ordered confirmation has not be received yet, we are not obligated to conclude the contract.
Change of the price, that has been done in a period of time between sending the order and its receival, has no effect on already sent orders according to article 2.3 of these business conditions.
What languages can the contract be concluded in?
The contract is concluded in a czech language unless we have expressly agreed to another language.
Do you have an option to get the contract in text form?
The contract is not concluded with signatures of the both sides. The contract includes these business conditions, your order and its receival by our side. The whole contract will be send to you via e-mail or printed and send to you on your request. In case you request sending the physical form of contract to you we are allowed to ask you to cover any costs included.
Is the contract saved anywhere?
The contract (including these business conditions) is archived in electronic form. The contract is not available for third parties but we can send it if requested.
What if we do not understand something in the contract?
If you have any question about the business conditions or about the contract feel free to contact us via telephone or e-mail. We will gladly provide you all necessary informations.
Terms of Payment
What means of payment are accepted?
Sales price can be defrayed foremost by direct debit method or by will call with online credit card.
Any other possible means of payment are included on the website.
Some means of payment can charged for in future. Those payments are detailed on the website. There will always be a final price stated in the order that includes all the payments related to the chosen mean of payment
When is the payment due?
In a case direct debit is done before the goods are delivered or will called the payment is due within 5 days since the receival according to the article 2.3. Your obligation to pay for the payment is, in the case of direct debit, carried out after the sum is sent to our bank account.
Which currency can you use?
Payment can be done in Czech crowns (CZK), euros (EUR), Russian ruble (RUB) or American dollar (USD).
In what case can we demand an advance or paying upfront?
We can demand an advance for the sales price particularly for orders with final price exceeding 5.000 CZK.
Furthermore we are allowed to ask you to paying the final price before dispatch and handover ( § 2119 odst. 1 of občanský zákoník will not be used)
Terms of delivery
How do we send the goods?
Means of delivery are described on the website. The desired mean of delivery can be chosen in the order. If you choose no means of delivery at all, we are allowed to do so instead of you.
What are the costs of delivery?
The costs of delivery always depend on the size and character of the goods and a price list of the chosen carrier. Up-to-date costs can be found on the website.
In the order will always be stated the final price that already includes costs of the chosen means of delivery.
When will the goods be delivered to you?
Time of delivery always depends on its availability and the chosen means of delivery and payment.
Goods, which are in stock is sent mostly in two workdays since the sum was sent to our bank account (direct debit only).
Goods that are out of stock is sent as soon as possible. We will inform you on a more precise date.
Delivery of the goods means the time at which the goods were delivered to you. If you decide, without a reason, to not take over the goods, it is not considered as not fulfilling our obligations to delivering the goods, not even as withdrawal from the contract by your side.
How to handle the takeover of the goods?
After taking over the goods, check the integrity of the packaging. If you find out any deficiency immediately inform the carrier and us. If you refuse take over the damaged parcel it is not considered as unjust refusal.
The moment you take over the goods (or the moment you had the obligation to take over the goods but in the contradictory to the contract you did not do so) you become responsible for all the accidental damage or loss of the goods.
What will happen in case you do not take over the goods?
If there is a reason for your side to demand multiple deliveries of the same type or different from the agreement, you are obligated to pay any costs included in that delivery.
In a case you refuse the goods unjustly we have a right for compensation for any costs included in delivery and storage of the goods, as well as any other costs that can appear because of the takeover refusal. These costs will not exceed 10,- CZK for every day of storage. Costs of storage can achieve maximum amount of 500,- CZK or the amount of the sales price if it is lower than 500,- CZK.
Furthermore we have a right to withdraw from the contract in such a case.
WITHDRAWAL FROM THE SALES CONTRACT
How can you withdraw from the contract?
You can withdraw from the contract within 14 days since the day you took over the goods; if the delivery is divided into multiple parts, since the day you took over the last delivery. We recommend to send the withdrawal notice to our address for service or e-mail. You can use a model form for the notice. We will confirm receiving the notice without further ado.
You do not have to state any reason for withdrawing from the contract.
What are the consequences of the withdrawal from the contract?
With the withdrawal from the contract, the contract is canceled from the outset a is looked upon as if it has never been concluded.
If you had agreed to be given a gift together with the goods, the gift contract loses any effectiveness for both sides. Send the gift back to us together with the goods.
When is it not possible to withdraw from the contract?
In accordance with § 1837 of občanský zákoník it is not possible to withdraw, inter alia, from these kinds of contracts :
About delivery of goods that has been customized according to your wish or for your party;
About delivery of goods in a sealed package that has been opened by you and cannot be returned because of hygienic reasons.
How to return the goods?
You are obliged to return the goods to our address for service or to our seat address within 14 days since the withdrawal from the contract. Do not send the goods as COD. We are not obliged to accept goods sent as COD.
We recommend to add to the returned goods:
A copy of delivery note and invoice, if those documents were issued, or any other document proving the purchase of goods;
A written notice of the withdrawal from the contract (with our model form or otherwise) and chosen way of refund (account transaction, personal take-over of cash, postal transfer or any other way). In the notice state the address for service, phone number and e-mail.
Not submitting any of the above stated documents does not preclude positive handling of your withdrawal according to the law conditions.
When will you get your money back?
Any received money will be returned within 14 days since the withdrawal from the contract. Please consider that we are not obliged to return your money sooner than you return us the goods or you prove you have already sent the goods.
Besides the sales price you have also a right for the costs refund of the delivery of the goods. If you have, however, chosen other than the cheapest means of delivery that we offer, we will return the costs in an amount of the cheapest offered means of delivery of the goods.
We will not return the money:
The same way we received them, or
The way you ask us to.
Besides the above stated ways, we can always send the money back to your given bank account or to the account, that was meant to be used for paying for the sales price (if you do not give us any account within 10 days). By accepting these business conditions you are giving your approval to sending the money according to the previous sentence provided that there will not arise any other costs.
Costs resulting from sending the returned goods to our address are payed by you, even if the goods cannot be returned by its nature by post.
What if the returned goods are damaged?
Before sending the goods wrap it in adequate wrapping protecting the goods from damage or destruction.
If we find out, that your returned goods is damaged, worn out, dirty or partially depleted, you are responsible for lowering the value of the goods.
When can we withdraw from the contract?
We reserve the right of withdrawal in these cases:
There was a clearly obvious mistake in price of the goods due to technical malfunction of the website (article 2.5 of these business conditions);
The goods are no longer available to deliver by the original conditions due to objective factors (mainly because the goods are no longer produced, producer stopped supplying Czech Republic etc.);
Supplies become objectively impossible or illegal.
In a case that any of the above possibilities happened we will immediately inform you about our withdrawal from the contract. The withdrawal becomes effective after it is delivered to you.
If you have already completely or partially paid for the sales prices, we will return your money by direct debit to your account, which you will provide to us for this very reason or from which you have sent the money. The money will be returned within 5 days since the contract withdrawal.
Breach of contract rights
Your rights from breach of contract obey general binding legal rules (namely provisions § 1914 až 1925, § 2099 to 2117 and, if you are a consumer § 2158 až 2174 of občanský zákoník).
We will act in accordance with our Complaints Procedure. Before sending the complaint do familiarize yourself with the Complaints Procedure so that the complaint can be done as fast as possible and according to your satisfaction.
What rights do we have for carrying out our activities and who is supervising us?
We have a right to sell goods based on trading licence. Our activity is not subject to any other authorization.
Trading License supervision is done by the Trade Licensing Office within its scope of activity. Verification of compliance with legislation of technical needs of the goods and security of the goods is done by Česká obchodní inspecke (http://www.coi.cz/). Česká obchodní inspekce also supervises the observance of consumer protection. Consumer rights are also protected by their interest groups and other subjects meant for their protection.
How do we handle complaints?
All complaints are handled by our contact e-mail. Furthermore you can contact subjects listed in the article 7.1. We are not tied to any Code of Conduct in the relationship with our consumer, nor do we abide any.
What are you rights if there is a consumer dispute?
If you are a consumer and there is a dispute between us due to a contract, that can not be handled directly, you have a right to contact the Česká obchodní inspekce with this dispute (address: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Praha 2; website: www.coi.cz, www.adr.coi.cz; e-mail: email@example.com; phone number: +420 296 366 360) towards out-of-court resolution of consumer dispute. This right can be applied within 1 year since the day you have first applied the right that is a subject of their consumer dispute
For applying a complaint regarding the goods or service that you have bought from us and for finding an alternative solution to disputes, you can also use a website run by European commission on this adress: http://ec.europa.eu/consumers/odr/.
What else should you know?
In the process of concluding the contract are used means of long-distance communication (namely the Internet). Costs involved are paid by you (above all costs of the internet connection or phone calls). These costs are no different than usual tariff.
If not agreed otherwise, any correspondence related to the contract between us is made in written form, that means via e-mail, personal delivery or by registered post. Our side will deliver to the e-mail address stated in the order or your user account.
In a case that any of these statements of these business conditions are invalid, ineffective or unusable (or it is going to become one of those), statement, that is the closest to the meaning of the invalid, ineffective or unusable one, will be used. Invalidity, ineffectiveness or unusability of one statement does not affect the validity of the other statements. To change or to add to the contract (including the business conditions) can be done only via the written form.
These business conditions are valid and effective since 15.05.2017