Terms of service
Mutual Rights and Obligations of the User and the Operator, especially the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as “Terms and Conditions”).
1. Definitions
1.1 In these Terms and Conditions:
1.1.1 “E-shop” means a computer program - an internet application available on the Internet via the address https://hanapolivkova.com/, whose main functionality is the display, selection, and ordering of goods by the User;
1.1.2 “Purchase Agreement” means a purchase agreement within the meaning of § 2079 et seq. of the Civil Code concluded between the Operator as the seller and the User as the buyer through the E-shop;
1.1.3 “Shopping Cart” means a part of the E-shop automatically generated by activating the relevant functions by the User within his/her actions in the user environment of the E-shop, especially by adding or removing Goods and/or changing the quantity of selected Goods;
1.1.4 “Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended;
1.1.5 “Operator” means Mrs. Hana Beskyd Polívková, ID No.: 01934228, with a place of business at Na Pískách 579, Jílové u Prahy, Postal Code 254 01;
1.1.6 “Access Data” means a unique login name and the associated password entered by the User into the E-shop database during Registration;
1.1.7 “Registration” means the electronic registration of the User into the E-shop database by filling in at least the mandatory registration data in the user interface of the E-shop and the Access Data and subsequently saving them in the E-shop database;
1.1.8 “Consumer” means a User - a person who, outside the scope of his/her business activity or outside the scope of independent performance of his/her profession, concludes a Contract with the Operator or otherwise deals with him/her;
1.1.9 “User” means any legal or natural person who uses the E-shop;
1.1.10 “User Account” means a part of the E-shop that is created for each User by Registration (i.e., it is unique for each User) and accessible after entering the Access Data;
1.1.11 “Goods” means an item offered by the Operator for sale to the User through the E-shop, and if offered with the Goods, also a license to use this item;
2. Information for the Consumer Before Concluding the Contract
2.1 Regarding the price of Goods and transportation costs and other fees, the following applies:
2.1.1 In the case of license agreements concluded for an indefinite period, the license price is agreed for the entire duration of the license unless otherwise stated.
2.1.2 The prices of the goods provided, the services provided, and the license content are listed on the website, including VAT and all fees set by law; however, the costs of delivering the goods or services vary according to the chosen method and carrier and method of payment. The agreed price does not include any payments, fees, or other rewards that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs are borne exclusively by the User.
2.1.3 In case of withdrawal from the contract, the Consumer bears the costs associated with returning the Goods, and in the case of a contract concluded through a means of distance communication, the costs of returning the Goods if these goods cannot be returned by ordinary postal means due to their nature.
2.2 For withdrawal from the contract, the following applies:
2.2.1 The Consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the Goods according to § 1829 (1) of the Civil Code. If the Purchase Agreement concerns several types of Goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
2.2.2 Withdrawal from the contract should be sent at the User’s expense to the Operator at the address SmetanaQ Showroom, Smetanovo nábřeží 4, 110 00 Prague 1.
2.2.3 The Consumer is obliged to send back the Goods to the Operator without undue delay, no later than 14 days from the date of withdrawal from the Purchase Agreement, or hand them over at the Operator’s place of business or registered office. The period is considered to be maintained if the Goods are sent to the Operator no later than the last day of the specified period.
2.2.4 According to § 1837 of the Civil Code, the Consumer cannot withdraw from the contract:
a. for the delivery of goods that have been modified according to the Consumer’s wishes or for their person,
b. for the delivery of goods in a sealed package, which the Consumer has removed from the package and cannot be returned for hygiene reasons.
2.2.5 If the Consumer withdraws from the Purchase Agreement, he/she is obliged to provide the bank account number for the refund of the purchase price of the Goods in writing, which may be reduced if there are legal reasons for this.
2.2.6 If the Consumer withdraws from the Purchase Agreement for Goods that are returned to the Operator damaged and/or worn, especially if the original labels on the Goods are removed (i.e., tags, stickers, etc.), the Consumer is obliged to compensate the Operator for the costs of restoring the Goods to their original condition.
2.3 The Consumer is responsible for any reduction in the value of the Goods resulting from handling the Goods other than what is necessary to establish their nature and characteristics, including their functionality.
2.4 The Operator uses the possibility of out-of-court settlement of consumer complaints. In case of complaints, Consumers can contact the relevant Operator’s employee free of charge via the email address hanapolivkovaeshop@gmail.com. Complaints can be addressed to the supervisory or state oversight authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in a manner and under conditions established by relevant legal regulations.
3. Process of Concluding the Contract
3.1 The Operator offers Users the purchase of Goods through the E-shop by providing the Goods’ designation, detailed information about the Goods’ characteristics, the price of the Goods including value-added tax and all related fees, transportation costs, and, where applicable, costs of returning the Goods if they cannot be returned by ordinary postal means.
3.2 To order Goods, the User inserts the ordered Goods into the E-shop’s Shopping Cart by clicking the “Add to Cart” button or on a similar button. Subsequently, the User fills in the order form, which mainly contains information about:
3.2.1 the ordered Goods;
3.2.2 the method of payment of the purchase price;
3.2.3 the method of delivery/shipping of the ordered Goods, and will be informed of the costs associated with such delivery/shipping,
also referred to as the “Order.”
3.3 Before submitting the Order, the User is entitled to check and change the content of the Order and the data entered in it.
3.4 The User undertakes to enter truthful and complete data, especially their email address, phone number, identification data, and, where applicable, the delivery address, in the appropriate text fields in the User Account or in the Order. The User acknowledges that the Operator will reasonably consider the data entered by the User as correct and complete and is not authorized to verify the entered data.
3.5 The User sends the Order to the Operator by clicking the “Complete Order” or “Submit Order” button or a button with a similar meaning.
3.6 The Operator immediately confirms the receipt of the Order to the User via email to the User’s email address entered in the User Account or in the Order.
3.7 The Operator is entitled to request additional confirmation of the Order from the User.
3.8 The Purchase Agreement between the Operator and the User is concluded upon delivery of the acceptance of the Order (offer to conclude the agreement) sent to the User according to 3.6 of these Terms and Conditions.
3.9 The User agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred in connection with concluding the purchase agreement shall be borne by the User, and these costs do not differ from the basic rate.
3.10 All Goods presented in the user environment of the E-shop are for informational purposes only, and the Operator is not obliged to conclude an agreement regarding these Goods. The provision of § 1732 (2) of the Civil Code shall not apply.
4. Purchase Agreement
4.1 By concluding the Purchase Agreement, the following provisions become effective:
4.1.1 The User purchases from the Operator the Goods selected by the User in the user environment of the E-shop by adding them to the Shopping Cart, in the quantity selected and/or set by the User for the respective Goods in the user environment of the E-shop, and the User undertakes to pay the Operator the price stated for such Goods in the user environment of the E-shop.
4.1.2 The Operator has the right to withdraw from the Purchase Agreement until the moment the Goods are dispatched to the User, for any reason or without giving a reason. Withdrawal from the Purchase Agreement also includes legal actions by the Operator informing the User that the ordered Goods cannot be delivered.
4.1.3 The method of packaging the Goods is determined exclusively by the Operator; the provision of § 2097 of the Civil Code is excluded.
4.1.4 The User is obliged to pay the Operator the costs associated with packaging and delivering the goods to the User, as stated in the respective Order in the user interface of the Portal.
4.1.5 The User has the right to choose from the options displayed to the User in the user interface of the E-shop the method of payment for the Goods and any other monetary obligations to the Operator.
4.1.6 If any of the payment methods include information about the costs of executing such payment, the User is obliged to bear the costs of such payment, as stated for the respective payment in the user interface of the E-shop.
4.1.7 In the case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol designated by the Operator.
4.1.8 In the case of non-cash payment, the User’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Operator’s bank account.
4.1.9 The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of Goods cannot be combined unless explicitly stated otherwise.
4.1.10 The purchase price for the Goods does not include any payments, fees, or other rewards that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are exclusively borne by the User.
4.1.11 The Operator reserves the ownership right to the Goods, which are the subject of the Purchase Agreement, until the full payment of the purchase price for the Goods by the User.
4.1.12 The Operator undertakes to deliver the Goods to the User within a reasonable period from the conclusion of the Purchase Agreement. All delivery times for the Goods stated in the user interface of the E-shop are only indicative.
4.1.13 The Operator will always send the User a tax document - invoice in electronic form, to the User’s email address provided in the Order to the User interface of the E-shop.
4.1.14 If the Operator provides the User with a gift along with the Goods, the gift agreement between the User and the Operator is concluded with a resolutory condition that if the Purchase Agreement is terminated (e.g., due to withdrawal from the Purchase Agreement), the gift agreement ceases to exist without further ado along with the Purchase Agreement, and the User is obliged to return the provided gift to the Operator along with the goods.
4.1.15 The Operator provides the User with a warranty on the Goods if the warranty period is stated for the respective Goods in the user interface of the E-shop, for the period stated, and this warranty applies only to Consumers.
4.1.16 The right to withdraw from the contract and the rights from defective performance may be exercised by the User at the Operator’s address of its registered office or place of business. The moment the Operator receives the claimed Goods from the User is considered the moment of claiming the complaint.
4.1.17 If the Goods are indicated as used in the user interface of the E-shop, the User purchases the Goods in used condition, including the specified defects of such Goods.
4.1.18 The risk of loss, damage, and/or destruction of the Goods, which are the subject of the Purchase Agreement, passes to the User, who is a Consumer, at the moment of receipt of the goods by the User.
4.1.19 The risk of loss, damage, and/or destruction of the Goods, which are the subject of the Agreement, passes to the User, who is not a Consumer, at the moment of receipt of the goods by the User.
5. User Account
5.1 The User has the right to create a User Account by Registration.
5.2 The User is obliged to enter Access Data before entering the User Account.
5.3 The identification data entered by the User during Registration is considered data entered during each order of Goods made by the User after logging into their User Account.
5.4 The User must not provide third parties with Access Data or any other access to the User Account. The User is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for unauthorized use of these access data or the User Account and for any damage thus caused to the Operator or third parties. In case of loss, theft, or other infringement of the right to use these passwords, the User is obliged to notify the Operator immediately. The Operator will provide the User with new access data within a reasonable period.
6. Complaints Procedure
6.1 The Operator is liable to the Consumer that the Goods are free from defects upon receipt.
6.2 If the Goods contain defects, the Consumer has the right to request the delivery of new Goods without defects, unless it is unreasonable due to the nature of the defect; if the defect concerns only a part of the Goods, the Consumer may only request the replacement of that part; if this is not possible, the Consumer has the right to withdraw from the Purchase Agreement.
6.3 The Consumer has the right to request the delivery of new Goods or the replacement of a part even in the case of a removable defect, if the Consumer cannot properly use the Goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4 If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects, or to replace a part of them or to repair the Goods, the Consumer may request a reasonable discount. The Consumer has the right to a reasonable discount even if the Operator cannot deliver new Goods without defects, replace a part of them, or repair the Goods, as well as if the Operator fails to remedy within a reasonable time or if the remedy would cause significant inconvenience to the Consumer.
6.5 The right arising from defective performance does not belong to the Consumer if the Consumer knew before receiving the Goods that the Goods had a defect, or if the Consumer caused the defect themselves.
6.6 The Operator’s liability for defects in the Goods does not apply to wear and tear caused by normal use, for Goods sold at a lower purchase price due to a defect for which the lower price was agreed, for used Goods to the extent of the defect corresponding to the level of use or wear the Goods had at the time of receipt by the Consumer, or if it arises from the nature of the Goods.
6.7 If a warranty is provided for the Goods, the Consumer has the right to exercise liability for defects within the warranty period.
6.8 Upon the Consumer’s request, the Operator is obliged to provide the Consumer with a warranty card. If the nature of the Goods allows, it is sufficient to issue the Consumer a proof of purchase of the Goods containing the same data as a warranty card instead of a warranty card. The warranty card must contain the name and surname, name or business name, ID number, and address of the Operator.
6.9 Complaints about the Goods, including the removal of defects, must be resolved without undue delay, no later than 30 days from the date of the complaint, unless the Operator agrees with the Consumer on a longer period. After this period, the Consumer has the same rights as if it were a substantial breach of the Contract.
6.10 The period for resolving a complaint is suspended if the Operator has not received all the documents necessary for resolving the complaint until such documents are provided.
6.11 The Operator or an authorized entity will invite the Consumer to collect the repaired Goods after the complaint has been properly resolved.
6.12 The right to exercise rights arising from defects in the Goods ceases in case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in case of unprofessional handling, i.e., especially when using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.
7. Personal Data Protection
7.1 The Operator is legally obliged to protect and secure the personal data provided. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorized access or use.
7.2 More detailed information on personal data protection can be found in the Privacy Policy here: https://hana-polivkova.myshopify.com/pages/zasady-ochrany-osobnich-udaju
8. Use of the E-shop
8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner anticipated by these Terms and Conditions.
8.2 The Operator has the right to change the E-shop, its technical solution, and/or user interface.
8.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the necessary time for maintenance or repair of the E-shop or for other reasons on the part of the Operator or third parties.
8.4 The User is obliged to comply with the applicable and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to fully compensate the Operator or third parties for any damage caused by such actions.
8.5 In case of violation of these Terms and Conditions or the Purchase Agreement or applicable and effective legal regulations, the Operator has the right to cancel the User Account.
9. Operator’s Declarations
9.1 The Operator declares that the records of data in the E-shop, as an electronic system, are reliable, systematically and sequentially conducted, and protected against changes.
9. Operator’s Declarations
9.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable, conducted systematically and sequentially, and protected against alterations.
9.2 Due to a technical error in the E-shop, the purchase price of Goods may be displayed grossly inconsistent with the usual market price for such Goods; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price. The Operator will contact the User and inform them of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price. If the User does not accept, the Purchase Agreement is canceled from the outset.
9.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorted impression due to their conversion to display on the User’s technical device. Therefore, the User is obliged to always familiarize themselves with the entire description of the Goods and, in case of any doubts, contact the Operator.
10. Governing Law
10.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the legal order of the Czech Republic, particularly the Civil Code.
11. Effectiveness
11.1 These Terms and Conditions come into effect on October 1, 2022.