General terms and conditions

GENERAL TERMS AND CONDITIONS FOR THE E-SHOP WWW.MACRAMAZING.EU

These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 and following of Act No. 89/2012 Coll., the Civil Code of Czech Republic (hereinafter referred to as the “Civil Code”) govern the mutual rights between us

– Macramazing.eu Alena Dousova

– Company Identification Number (IČO): 01241923

– Registered office: Zátopkova 662, Milovice, postal code 289 24, Czech Republic

– Contact details:

o Email: macramazing@seznam.cz

o E-shop: www.macramazing.eu – I am not a VAT payer (hereinafter referred to as “we” or “seller”) and you, as the buyer, arising in connection with or on the basis of a purchase contract (“Contract”) concluded through the E-shop on the www.macramazing.eu website.

All information on the processing of your personal data is contained in the Privacy Policy, which can be found on the “Privacy Policy” page.

The provisions of these Terms and Conditions form are integral part of the Agreement. The Contract and the Terms and Conditions are drawn up in the English language. We may unilaterally change or supplement the wording of the Terms. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Conditions.

As you know, we communicate primarily remotely. Therefore, it also applies to our Contract that means of distance communication are used, which allow us to agree without the simultaneous physical presence of Us and you, and the Contract is thus concluded remotely in the E-shop environment, through the website interface (“E-shop web interface”).

If any part of the Terms contradicts what We have jointly agreed to in the process of Your purchase on Our Online Shop, this particular agreement will take precedence over the Terms.

  1. SOME DEFINITIONS
    1.1. The Price is the amount of money you will pay for the Goods;

1.2. Shipping Price means the amount of money you will pay for the delivery of the Goods, including the price of packing them;

1.3. Total Price is the sum of the Price and the Shipping Price;

1.4. VAT is a value added tax according to valid legal regulations;

1.5. An invoice is a tax document issued in accordance with the Tax Act. added value to the total price;

1.6. Order is Your binding offer to conclude the Contract for the Purchase of Goods with Us;

1.7. User Account / “My Account” is an account established on the basis of the data provided by you, which allows the storage of the entered data and the storage of the history of ordered Goods and concluded Contracts;

1.8. You are the person buying on Our E-shop, legally referred to as a buyer;

1.9. Goods are everything you can buy on the E-shop.

  1. GENERAL PROVISIONS AND INSTRUCTIONS

2.1. Purchase of Goods is only possible through the web interface of the E-shop.

2.2. When purchasing Goods, It is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and true.

2.3. On our Online Store, we also provide access to the evaluation of Goods made by other consumers. We ensure the authenticity of such reviews by ensuring that only the registered and logged in user can make ratings, so we are able to verify and prove that the reviews come from a real consumer.

  1. CONCLUSION OF THE CONTRACT

3.1. The Contract with Us may only be concluded in the English language.

3.2. The contract is concluded remotely through the E-shop, while the costs of using the means of distance communication are paid by you. However, these costs are no different from the basic rate You pay for the use of these funds (i.e. in particular for internet access), so You do not expect any additional costs charged by Us beyond the Full Price. By submitting an Order, you agree that we use the means of remote communication.

3.3. In order for us to conclude the Agreement, you need to be registered in the E-shop, have access to your account and create an Order. The following information must be included in this proposal:

  1. a) Information about the purchased Goods (in the E-shop, you mark the Goods you are interested in purchasing with the “Add to cart” button);
  2. b) Information about the Price, the Shipping Price, the method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered during the creation of the Order within the user interface of the E-shop, while the information about the Price, Shipping Price and Total Price will be provided automatically on the basis of the Goods you have selected, the method of their delivery and payment method;
  3. c) Your identification and contact data used for us to deliver the Goods, in particular your name, surname, delivery address, telephone number and e-mail address.

3.4. During the creation of the Order, the Customer may change and check the data until its completion. After checking by pressing the “Proceed to checkout” button, you will complete the order. However, before pressing the button, you must confirm your acquaintance and acceptance of these Terms, otherwise it will not be possible to complete the Order. A check box is used to confirm and agree. After pressing the ” Proceed to checkout ” button, all filled in information will be sent directly to Us.

3.5. We will confirm Your Order to You as soon as possible after it has been received by Us by a message sent to Your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions in the form link to file Terms and Conditions in the version effective as of the date of the Order, i.e. in the version as an attachment confirming the e-mail message, form an integral part of the Agreement. By confirming the Order, the Contract between Us and You is concluded.

3.6. There may also be cases where we are unable to confirm your Order. This is especially the case when the Goods are not available or when you order a larger number of Goods than we allow. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and should not be surprising to you. In the event when there is any reason for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the contract is concluded at the moment when you confirm Our offer.

3.7. In the event that a clearly incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price even if you have received an Order confirmation and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, a new Contract is concluded when you confirm Our offer. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or excessive.

3.8. In the event that the Contract is concluded, you are obliged to pay the Total Price.

  1. USER ACCOUNT

4.1. On the basis of your registration in the E-shop, you can access the your User Account.

4.2. When registering a User Account, you are obliged to provide correct and truthful information and to update it in the event of a change.

4.3. Access to the User Account is secured by a user name and password. Regarding these access data, you are obliged to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we are not responsible for it.

4.4. The User Account is personal and you are therefore not entitled to allow third parties to use it.

4.5. We may cancel your User Account, especially if you do not use it for more than one calendar year, or if you breach your obligations under the Agreement.

4.6. The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software.

  1. PRICE AND PAYMENT TERMS, RESERVATION PROPRIETARY RIGHTS

5.1. The Price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price specified in the draft Order, the Price stated in the draft Order shall apply, which shall always be identical to the price in the Contract. The draft Order also includes the Price for Shipping, or the conditions when shipping is free. The price for transport does not have to be quoted in the case of the purchase of Goods intended for download.

5.2. The total price includes VAT including all fees stipulated by law.

5.3. We will require payment of the Total Price from you after the conclusion of the Contract and before handing over the Goods. You can pay the Total Price in the following ways:

  1. a) By card online. In such a case, the payment is made via the GoPay payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: https://help.gopay.com/en/. In the case of online card payment, the Total Price is payable within three days.

5.4. The invoice will be issued in electronic form after payment of the Full Price and will be sent to your e-mail address. The invoice will also be available in the User Account.

5.5. Title to the Goods passes to you only after you have paid the Full Price and received the Goods. In the case of downloadable goods, then at the time of payment. Ownership of the Downloadable Goods is further restricted by copyright law and it is strictly forbidden to distribute it to other persons. Downloadable goods are intended only for the private use of one person (buyer).

  1. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO BELONGINGS

6.1. Goods of an electronic nature will be arranged for you to download using a link within the email informing you that the order has been completed and also in the User Account section in the Downloads section. The moment of sending the download link or generating the download link in the user account section corresponds to the moment of delivery of the goods.

6.2. Goods requiring physical delivery will be delivered to you in the manner of your choice, and you can choose from the following options:

  1. a) via Postal service;

6.3. Delivery time The goods always depend on their availability and the selected delivery and payment method. The estimated delivery time of the Goods will be communicated to you in the Order Confirmation. The period specified in these Terms and Conditions is only indicative and may differ from the actual delivery time.

6.4. After taking over the Goods from the carrier, You are obliged to check the integrity of the packaging of the Goods and in case of any defects, You must immediately notify the carrier and Us, including photo documentation, if You take over the Goods, keep the packaging. In the event of a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, you are not obliged to accept the Goods from the carrier.

6.5. In the event that you breach your obligation to take delivery of the Goods, except in the cases referred to in Art. In accordance with Article 6.4. of this Terms and conditions, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that You do not accept the Goods does not constitute a withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Transportation Price, or the right to compensation for damages, if any.

6.6. If, for reasons arising on Your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, You are obliged to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for the payment of these costs to your e-mail address specified in the Agreement and they are due 14 days from the receipt of the e-mail.

6.7. The risk of damage to the Goods passes to you at the moment when you take Goods over. In the event that you do not accept the Goods, except in the cases referred to in Art. 6.4 of the Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take over the Goods, but for reasons on your side the takeover did not take place. The transfer of the risk of damage to the Goods means for you that from that moment on you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.

6.8. In the event that the Goods were not listed as in stock in the E-shop and an approximate period of availability was indicated, we will always inform you in the event of:

  1. a) an extraordinary failure in the production of the Goods, whereby we will always inform you of the new expected availability period or information that it will not be possible to deliver the Goods;
  2. b) delay in the delivery of the Goods from Our supplier, and we will always inform You of the new expected delivery time.
  3. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Art. 6.7 of the Terms and Conditions, the Goods are free of defects, in particular that the Goods:

  1. a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
  2. b) it is suitable for the purpose for which you request it and with which we agree;
  3. c) it is supplied with agreed accessories and instructions for use, including instructions;
  4. d) is suitable for the purpose for which the Goods of this type are normally used; and
    e) in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of Goods of the same kind that you can reasonably expect, even taking into account public statements made by us or another person in the same contractual chain, in particular by advertising or labelling; and
  5. f) is supplied with accessories, including packaging, assembly instructions and other instructions for use which you can reasonably expect;

7.2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (Particularly Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code of the Czech Republic, as well as Act No. 634/1992 Coll., on Consumer Protection, as amended, govern this agreement.).

7.3. In the event that the Goods have a defect, i.e. in particular if any of the conditions under Art. 7.1, You may notify Us of such a defect and exercise your rights arising from defective performance (i.e. Goods claim) by sending an e-mail or letter to Our addresses listed in Our identification data. For the complaint, you can also use the sample form provided by us, which forms Annex No. 1 of the Conditions. When exercising the right from defective performance, it is necessary to choose how you want to resolve the defect, and you cannot make this choice subsequently without Our consent. We will settle the complaint in accordance with your right to defective performance.

7.4. If the Goods are defective, you have the following rights:

  1. a) to have the defect rectified by delivery of new Goods without defect, or by delivery of the missing part of the Goods; or
  2. b) to remedy the defect by repairing the Goods,

unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method, which will be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect and whether the second method can be used to remedy the defect without significant inconvenience to you.

7.5. We are entitled to refuse to remove the defect if it is impossible or unreasonably expensive, especially with regard to the significance of the defect and the value that the Goods would have without the defect. You are also entitled to:

  1. a) a reasonable discount on the Price; od
  2. b) withdrawal from the Contract if:
    a) we refuse to remove the defect or fail to remove it in accordance with the law;
  3. b) the defect manifests itself repeatedly,
  4. c) the defect is a material breach of the Contract; or
  5. d) it is clear from our statement or from the circumstances that the defect will not be rectified within a reasonable time or without considerable inconvenience to you.

7.7. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.

7.8. If you caused the defect in the Goods yourself, you are not entitled to the rights arising from the defective performance.

7.9. A defect in the Goods is not wear and tear of the Goods caused by their normal use or, in the case of used Goods, wear and tear corresponding to the degree of their previous use.

7.10. When you make a complaint, we will issue you a written confirmation stating:

  1. a) the date on which you made the complaint;
  2. b) what is the content of the complaint;
  3. c) what method of handling the complaint you require;
  4. d) Your contact details for the purpose of providing information on the settlement of the complaint.

7.11. If we do not agree on a longer period, we will remove the defects within 30 days of receiving the complaint and provide you with information about the settlement of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Agreement or request a reasonable discount.

7.12. We will inform you about the settlement of the complaint by e-mail and issue you with confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of the costs reasonably incurred. You are required to prove these costs, e.g. receipts or shipping price receipts. In the event that the defect has been removed by delivery of new Goods, You are obliged to return the original Goods to Us, but We will pay the cost of such return.

7.13. If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.

7.14. If you are a consumer, you have the right to exercise your rights from defective performance in the event of a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

7.15. The exceptions to the right to Defective Performance are as follows

  1. a) In the case of Goods intended for download.
  2. WITHDRAWAL

8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for reasons and in the ways specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.

8.2. If you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract or, in the case of the purchase of the Goods, within fourteen days of receipt of the Goods. In the event that we have entered into a Contract the subject of which is several pieces of the Goods or the delivery of several parts of the Goods, this period begins to run on the day of delivery of the last piece or part of the Goods, and in the event that we have concluded a Contract on the basis of which we will supply you with the Goods regularly and repeatedly, it begins on the day of delivery of the first delivery.

8.3. It is not possible to withdraw from the contract in the case of a downloadable item. When placing an order, you acknowledge that such a contract cannot be withdrawn from due to its nature if you have been provided with a download link.

8.4. You may withdraw from the Agreement in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses listed in Our identification data). For withdrawal, you can also use the model form provided by us, which forms Annex No. 2 of this Terms and Conditions.

8.5. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance specified in Section §1837 of the Civil Code of Czech Republic.

8.6. Withdrawal period pursuant to Art. 8.2 of the Terms and Conditions shall be deemed to have been preserved if you send Us a notice that You are withdrawing from the Agreement during the Contract.

8.7. In the event of withdrawal from the Agreement pursuant to Art. 8.2 of this Terms and Conditions You are obliged to send the Goods to Us within 14 days of withdrawal and You bear the costs associated with by returning the goods to us. You, on the other hand, are entitled to a refund of the Shipping Price to you, but only in the amount corresponding to the cheapest method of delivery of the Goods offered by us for the delivery of the Goods. In the event of withdrawal due to the fact that We breach the concluded Contract, we will also pay the costs associated with returning the Goods to Us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest method of delivery of the Goods offered by Us at the time of delivery of the Goods.

8.8. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of the withdrawal to the account from which it was credited or to the account chosen to withdraw from the Contract. However, the amount will not be refunded until We receive the Goods or You can prove to Us that they have been sent back to Us. Please return the goods to us clean, including the original packaging if possible.

8.9. In the event of withdrawal from the Agreement pursuant to Art. However, in Article 8.2 of this Terms and Conditions you are liable to Us for any reduction in the value of the Goods that arose as a result of handling the Goods other than necessary to familiarise you with the nature, characteristics and functionality of the Goods, i.e. the way you would have familiarised yourself with the Goods in a brick-and-mortar shop. In the event that we have not yet refunded the Price to you, we are entitled to set off the receivable for costs against your claim for the refund of the Price.

8.10. We are entitled to withdraw from the Contract at any time before delivering the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (in particular, reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period specified in Art. 6.2 Terms. We may also withdraw from the Agreement if it is obvious that you have intentionally provided incorrect information in your Order. If you purchase goods as part of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

  1. CONSUMER DISPUTE RESOLUTION

9.1. Relationships and possible disputes arising from contract shall be settled exclusively under the law of the Czech Republic and shall be settled by the competent courts of the Czech Republic. The united Nations Convention on Contracts for the International ale of Goods does not apply.

9.2. We are not bound by any codes of conduct in relation to buyers within the meaning of § 1826 para. 1 lit. e) of the Civil Code of Czech Republic.

9.3. We handle consumer complaints via the e-mail address macramazing@seznam.cz. We will send information about the settlement of the complaint to the buyer’s e-mail address.

9.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent to settle consumer disputes arising from the Contract out of court. The Online Dispute Resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a seller and a buyer who is a consumer arising from a sales contract concluded by electronic means.

9.5. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 524/2013 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).

  1. FINAL PROVISIONS

10.1. If Our legal relationship and yours contain an international element (i.e. for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement does not affect your rights under the law.

10.2. All written correspondence with you will be served by e-mail. Our e-mail address is included in Our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in your User Account or through which you contacted us.

10.3. The Agreement may only be amended on the basis of our written agreement. However, we are entitled to amend and amend these Terms and Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change.

10.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, failure of subcontractors, etc.), We shall not be liable for damage caused as a result or in connection with force majeure events, and if the force majeure situation lasts for more than 10 days, We and You shall have the right to withdraw from the Agreement.

10.5. The Annex to the Terms and Conditions is a model form for complaints and a model form for withdrawal from the Contract.

10.6. The Agreement, including the Terms, is archived in electronic form with Us, but is not accessible to You. However, you will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by link in the e-mail and You will therefore always have access to the Contract even without Our cooperation. We recommend that you always save the Order confirmation and the Terms and Conditions.

10.7. These Terms and Conditions come into effect on 9. 9. 2024

APPENDIX NO. 1 – COMPLAINT FORM

Addressee: macramazing@seznam.cz

Making a complaint

Date of conclusion of the Agreement

 

Name and Surname:

 

Address:

 

E-mail address:

 

Goods being complained about:

 

Description of product defects

 

Suggested way to handle the complaint:

 

 

At the same time, I request the issuance of a confirmation of filing a complaint stating when I exercised this right, what the content of the complaint is, what method of handling the complaint I require, along with my contact details for the purpose of providing information on the settlement of the complaint.

Date:

Signed:

 

APPENDIX NO. 2 – WITHDRAWAL FORM

Addressee: macramazing@seznam.cz
I hereby declare my withdrawal from the Treaty:

Date of conclusion of the Agreement:

 

Name and surname:

 

Address:

 

E-mail address:

 

Specification of the goods covered by the Contract:

 

The method for returning the received funds or specifying the bank account number:

 

 

If the buyer is a consumer, he has the right to order goods through the Alena Dousova Macramazing e-shop (the “Company”) or another means of distance communication, except in cases specified in Section 1837 of Act No. č. 89/2012 Coll., the Civil Code of Czech republic, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or in the case of the purchase of goods, then within fourteen days from its receipt. It is not possible to withdraw from the contract if it was a contract for downloadable goods and a download link was generated for the customer, which was then handed over to him via email or customer account. In the case of a contract involving several items or the supply of several items, that period begins to run only on the date of delivery of the last item or part of the goods and, in the case of a contract under which the goods are to be supplied regularly and repeatedly, from the date of delivery of the first delivery.

The buyer shall notify the Company of such withdrawal in writing to the address of the Company’s establishment or electronically to the e-mail address specified on the model form.
If the buyer, who is a consumer, withdraws from the purchase contract, he shall send or hand over to the Company without undue delay, no later than 14 days after the withdrawal from the purchase contract, the goods received from the Company.
If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to the buyer without undue delay, no later than within 14 days of the withdrawal from the purchase contract, all funds (purchase price of the delivered goods), including the costs of delivery, received from the buyer on the basis of the purchase contract, in the same manner. If the buyer has chosen a method of delivery other than the cheapest offered by the Company, the Company will refund the cost of delivery of the goods to the buyer only in the amount corresponding to the cheapest method of delivery offered. The Company is not obliged to return the received funds to the buyer before the goods are received back or the buyer proves that the goods have been dispatched to the Company.

Date:

Signed: