Terms and Conditions
of Eva Řežábková, doing business under the name “NEOBED”
registered address: K Vodárně 495, Bašť 25085
identification number: 87822199
authorised to do business on the basis of a trade licence issued by the Municipal District Office Prague 18
for the sale of goods through the online store located at http://neobed.cz/INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of Eva Řežábková, doing business under the name “NEOBED”, with registered address Hrdinova 468/26, 196 00, Prague – Čakovice, identification number: 87822199, registered in the Trade Register maintained by the Municipal District Office Prague 18 (hereinafter the “Seller”), govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and another natural or legal person (hereinafter the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website www.neobed.cz via a web interface (hereinafter the “Web Interface of the Store”).
1.2. These Terms and Conditions also govern the rights and obligations of the parties when using the Seller’s website located at www.neobed.cz (hereinafter the “Website”) and other related legal relationships. These Terms and Conditions do not apply in cases where the person intending to purchase goods from the Seller acts within the scope of their business activity when ordering goods.
1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of these Terms and Conditions.
1.4. The provisions of the Terms and Conditions constitute an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are executed in the Czech language. The Purchase Contract may be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. The Terms and Conditions apply in the scope and wording published on the Seller’s website at the moment the Buyer’s order is delivered. The current version of the Terms and Conditions is always published on the Seller’s website and will be sent to the Buyer by e-mail upon request.
USER ACCOUNT
2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter the “User Account”). If enabled by the Web Interface of the Store, the Buyer may also order goods without registration directly from the Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer must update the information provided in the User Account whenever it changes. Information provided by the Buyer in the User Account and when ordering goods is deemed correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access their User Account and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used it for more than 12 months, or if the Buyer breaches their obligations arising from the Purchase Contract (including these Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Seller’s hardware and software, or necessary maintenance performed by third parties.
CONCLUSION OF THE PURCHASE CONTRACT
3.1. The Web Interface of the Store contains a list of goods offered by the Seller for sale, including the prices of individual goods. The prices include VAT and all related charges. The offer of goods and the prices remain valid as long as they are displayed in the Web Interface of the Store. This does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed conditions. All product listings in the Web Interface are non-binding, do not constitute an offer to conclude a Purchase Contract, and the Seller is not obliged to conclude a Purchase Contract with the Buyer.
3.2. The Web Interface of the Store also contains information about costs associated with packaging and delivery of goods. These costs apply only when the goods are delivered within the Czech Republic.
3.3. To order goods, the Buyer fills in an order form in the Web Interface of the Store. The order form includes:
information about the ordered goods (the Buyer places goods into the electronic shopping cart),
method of payment, delivery information,
information about delivery costs (hereinafter the “Order”).
3.4. Before submitting the Order, the Buyer may check and modify the data entered. The Buyer submits the Order by clicking the “buy” button. The data in the Order is considered correct by the Seller. The Seller shall confirm receipt of the Order by e-mail sent to the Buyer’s e-mail address provided in the User Account or in the Order.
3.5. Depending on the nature of the Order (quantity, price, delivery costs), the Seller may request additional confirmation (for example in writing or by phone).
3.6. The Purchase Contract is concluded when the Order confirmation (acceptance) is delivered to the Buyer by e-mail.
3.7. The Buyer acknowledges that the Seller is not obliged to accept the Order, particularly from persons who previously substantially breached the Purchase Contract (including these Terms and Conditions).
3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Costs incurred by the Buyer when using remote communication means (internet, phone) are borne by the Buyer.
PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of the goods and any delivery-related costs as follows:
a) cash on delivery when receiving the goods;
b) bank transfer to the Seller’s account No. 1481830017/3030 held at Air Bank a.s., prior to shipment.4.2. Together with the purchase price, the Buyer must also pay the agreed costs of packaging and delivery. Unless expressly stated otherwise, the purchase price includes these costs.
4.4. For bank transfers, the Buyer must specify the payment using the variable symbol. The obligation to pay is fulfilled when the corresponding amount is credited to the Seller’s account.
4.5. The Seller may require payment of the entire purchase price in advance, especially when the Buyer does not provide additional confirmation under Article 3.5.
4.6. Any discounts granted to the Buyer cannot be combined.
4.7. The Seller is a VAT payer. All prices include VAT unless stated otherwise. After payment, the Seller will issue an invoice and send it electronically to the Buyer’s e-mail address.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that pursuant to Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), it is not possible, among other things, to withdraw from a purchase agreement for the supply of goods that have been customised according to the Buyer's wishes or for the Buyer's person, as well as goods that are subject to rapid deterioration, or goods in sealed packaging that the Buyer has removed from the packaging and which cannot be returned for hygienic reasons.
5.2. Unless it concerns a case referred to in Article 5.1 or another situation in which the purchase agreement cannot be withdrawn from, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase agreement without giving any reason, within fourteen (14) days of receiving the goods. The withdrawal from the purchase agreement must be sent to the Seller within fourteen (14) days of receiving the goods. The Buyer may send the withdrawal from the purchase agreement by post to the Seller’s business address: K Vodárně 495, Bašť 25085, or electronically through the complaint form on the Seller’s website www.neobed.cz. Upon request, the Seller will send the Buyer a sample withdrawal form. However, the Buyer is not obliged to use the Seller’s form.
5.3. In the event of withdrawal from the agreement pursuant to Article 5.2 of the Business Terms, the purchase agreement is cancelled from the beginning. The Buyer is obliged to return the goods to the Seller without undue delay, no later than 14 days after withdrawal from the agreement. The time limit is met if the goods are sent to the Seller within this period. The goods must be returned undamaged, unused, and, if possible, in the original packaging. The costs associated with returning the goods are borne by the Buyer.
5.4. Within fifteen (15) days of the return of the goods by the Buyer pursuant to Article 5.3 of the Business Terms, the Seller is entitled to inspect the returned goods, in particular to determine whether the goods are damaged, worn, or partially consumed.
5.5. In the event of withdrawal pursuant to Article 5.2 of the Business Terms, the Seller shall refund the purchase price to the Buyer within ten (10) days from the end of the inspection period under Article 5.4 of the Business Terms, but no later than thirty (30) days from the delivery of the Buyer’s withdrawal from the purchase agreement, via a cashless transfer to the account designated by the Buyer. The Seller is also entitled to refund the purchase price in cash at the time the goods are returned by the Buyer.
5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn, or partially consumed, the Seller is entitled to compensation for the damage thereby incurred. The Buyer is liable for any decrease in the value of the goods resulting from handling the goods in a manner other than necessary with regard to their nature and characteristics. The Seller is entitled to unilaterally set off the claim for damages against the Buyer’s claim for the refund of the purchase price.
5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a terminating condition that if the Buyer withdraws from the purchase agreement, the gift agreement ceases to be effective with respect to such a gift, and the Buyer is obliged to return the provided gift to the Seller together with the goods.
TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of the goods is determined by the Seller unless otherwise stated in the purchase agreement. If the method of transport is agreed on the basis of the Buyer's request, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2. If, under the purchase agreement, the Seller is obliged to deliver the goods to the location designated by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If the Buyer does not take over the goods upon delivery, the Seller is entitled to charge a storage fee of CZK 500 (five hundred Czech crowns) or is entitled to withdraw from the purchase agreement.
6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.
6.4. Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and immediately report any defects to the carrier. If the Buyer finds any damage to the packaging indicating unauthorised interference with the shipment, the Buyer is not obliged to accept the shipment. By signing the delivery note, the Buyer confirms that the packaging of the shipment containing the goods was intact.
6.5. Additional rights and obligations of the parties regarding transport of goods may be regulated by the Seller’s special delivery terms, if issued.
LIABILITY FOR DEFECTS
7.1. The rights and obligations of the contracting parties regarding the Seller’s liability for defects are governed by applicable legislation (in particular Sections 1914 et seq., 2099 et seq., and 2165 et seq. of the Civil Code).
7.2. The Seller is liable to the Buyer for ensuring that the goods sold comply with the purchase agreement, especially that they are free of defects. Compliance with the purchase agreement means that the goods have the quality and utility properties required by the agreement, described by the Seller, manufacturer, or their representative, or as expected based on their advertising, or qualities usual for goods of such type; that they comply with legal requirements; are in the appropriate quantity, measure, or weight; and correspond to the purpose stated by the Seller or the usual purpose of such goods.
7.3. If the goods, upon receipt by the Buyer, do not comply with the purchase agreement (hereinafter “non-conformity”), the Buyer has the right to have the Seller restore the goods to a condition corresponding to the purchase agreement free of charge and without undue delay, either by replacing the goods or repairing them, or by providing the Buyer with a reasonable discount from the purchase price. The Buyer is not entitled to replacement if it would be disproportionate considering the nature of the goods. The Buyer must notify the Seller without undue delay which right arising from defective performance they are exercising. If the Buyer fails to do so, the Seller will remedy the defects either by repairing the goods or supplying new goods, at the Seller’s discretion. The Buyer is entitled to withdraw from the agreement if:
(i) the defective performance is a substantial breach of the agreement;
(ii) the Seller does not resolve the Buyer’s claim within 30 days of its submission, unless the parties agree to extend the period; or
(iii) the goods have a large number of defects or a defect occurs repeatedly after repair.7.4. The Buyer does not have rights arising from defective performance if the Buyer knew of the non-conformity before taking over the goods or caused the non-conformity themself. Non-conformity that appears within six (6) months of receipt of the goods is presumed to have existed at the time of receipt unless it contradicts the nature of the defect or unless proven otherwise. Normal wear caused by ordinary use is not considered a defect.
7.5. Unless the goods are perishable or used, the Seller is liable for defects that appear within 24 months of receipt of the goods.
7.6. The Buyer shall assert rights arising from defective goods at the Seller’s business address: K Vodárně 495, Bašť 25085. The moment when the Seller receives the claimed goods is considered the time of filing the complaint.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods at the moment of full payment of the purchase price.
8.2. The Buyer acknowledges that the software and other components forming the online store interface (including product photographs) are protected by copyright. The Buyer undertakes not to carry out any activity that could allow themselves or third parties to unlawfully interfere with or misuse the software or other components of the online store interface.
8.3. The Buyer is not entitled to use mechanisms, software, or other procedures that could negatively affect the operation of the online store. The online store interface may only be used to an extent that does not harm the rights of other customers of the Seller and is in accordance with its purpose.
8.4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(2)(e) of the Civil Code.
8.5. The Buyer acknowledges that the Seller is not liable for errors caused by third-party interference with the website or by using the website contrary to its purpose.
PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL COMMUNICATIONS
9.1. The protection of the Buyer’s personal data, if the Buyer is a natural person, is provided in accordance with the applicable legal regulations, in particular Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and, with effect from 25 May 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
9.2. The Seller processes the Buyer’s personal data in the following scope: name and surname, residential address, date of birth, identification number, tax identification number, e-mail address, telephone number (hereinafter jointly referred to as “personal data”).
9.3. The Buyer’s personal data are processed for the purpose of exercising the rights and obligations arising from the concluded purchase agreement, for maintaining the user account, and for sending information and commercial communications to the Buyer. For these purposes, personal data may be processed without the Buyer’s prior consent.
9.4. The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully (during registration, in their user account, and when placing an order through the online store interface) and that they must notify the Seller of any changes to their personal data without undue delay.
9.5. The Seller may authorize a third party as a processor to process the Buyer’s personal data. Except for persons delivering the goods, personal data will not be disclosed to third parties by the Seller without the Buyer’s prior consent.
9.6. Personal data will be processed for the period necessary to ensure the mutual rights and obligations of the Seller and the Buyer arising from the purchase agreement, but at least for 5 years from the date of the Buyer’s last order. Personal data will be processed electronically in an automated manner, or in printed form in a non-automated manner.
9.7. If the Buyer believes that the Seller or the processor (under Art. 9.5) is processing personal data in a manner that is contrary to the Buyer’s right to privacy or violates the law, in particular if the personal data are inaccurate with respect to the purpose of processing, the Buyer may:
9.7.1. request an explanation from the Seller or the processor,
9.7.2. request that the Seller or the processor remedy the situation, especially by blocking, correcting, supplementing, or deleting the personal data.
If the Buyer’s request is deemed justified, the Seller or the processor shall immediately rectify the defective condition. If the Seller or the processor does not comply, the Buyer has the right to contact the Office for Personal Data Protection. This does not affect the Buyer’s right to contact the authority directly at any time.
9.8. If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide such information. The Seller may demand a reasonable fee not exceeding the necessary costs of providing the information.
9.9. The Buyer has the right to request that the Seller erase their personal data without undue delay if the personal data are no longer needed for the purposes for which they were processed, or if they were processed unlawfully. The Seller must also inform all recipients to whom the Buyer’s personal data were disclosed about this erasure.
9.10. The Buyer also has the right to request restriction of processing in the following cases:
(i) the Buyer contests the accuracy of the personal data, for the period necessary for the Seller to verify its accuracy;
(ii) the processing is unlawful and the Buyer requests restriction instead of erasure;
(iii) the Seller no longer needs the personal data for processing purposes but the Buyer needs them to establish, exercise, or defend legal claims;
(iv) the Buyer has objected to the processing until it is verified whether the Seller’s legitimate grounds override those of the Buyer.9.11. The Buyer has the right to be informed by the Seller without undue delay of any personal data breach likely to result in a high risk to the Buyer. The Seller is not obliged to inform the Buyer if the affected personal data were secured in a manner rendering them unintelligible to any third party (e.g., encryption), or if subsequent measures eliminated the risk.
9.12. The Buyer acknowledges that the Seller will send information related to goods, services, or the Seller’s business, as well as commercial communications, to the Buyer’s email address provided in the order. The Buyer may object to receiving commercial communications at any time. If they do so, the Seller will no longer use their personal data for marketing purposes.
DELIVERY OF DOCUMENTS
10.1. Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered to the other party in writing, by e-mail, in person, or by registered mail (at the sender’s discretion). Correspondence to the Buyer is delivered to the e-mail address stated in their user account.
10.2. A message is considered delivered:
10.2.1. when sent by e-mail, at the moment it is received by the incoming mail server; message integrity may be ensured by a certificate,
10.2.2. when delivered in person or by postal service, upon receipt by the addressee,
10.2.3. when delivered in person or by postal service, if the addressee (or an authorized person) refuses to accept the shipment,
10.2.4. when delivered by postal service, upon expiration of ten (10) days from the date the shipment was stored and a notice was left for the addressee, even if the addressee did not learn about the storage.
FINAL PROVISIONS
11.1. Matters not expressly governed by the purchase agreement or these Terms and Conditions shall be governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code. The courts of the Czech Republic shall have jurisdiction over all disputes arising from or related to the purchase agreements.
11.2. The Seller is authorized to sell goods on the basis of a trade license, and the Seller’s activities are not subject to any other licensing. Trade inspection is carried out by the competent trade licensing office.
11.3. If any provision of the Terms and Conditions becomes invalid or ineffective, it shall be replaced by a provision whose meaning is closest to the invalid one. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Amendments or supplements to the purchase agreement or the Terms and Conditions must be made in writing.
11.4. If a consumer dispute arising from the purchase agreement cannot be resolved amicably, the Buyer may submit a proposal for out-of-court resolution to the Czech Trade Inspection Authority (CTIA), Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, website: www.adr.coi.cz. The Buyer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
11.5. The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form for 3 years and is not accessible to third parties.
11.6. Seller’s contact details: delivery address K Vodárně 495, Bašť 25085, telephone 774193377, contact form available on the Seller’s website.
Complaints
Return of goods within 14 days
If the goods you ordered do not meet your expectations, you have the legal right to return or exchange unused and undamaged goods. The goods must be returned in their original packaging. The goods must not be dirty or show signs of use.
Refunds are issued via bank transfer. Alternative refund methods may be arranged individually.
ANNEX NO. 1 – COMPLAINT FORM
Recipient: EVAREZ@seznam.cz
Submission of complaintDate of conclusion of the Agreement:
Name and surname:
Address:
E-mail address:
Goods being claimed:
Description of defects:
Proposed method of resolving the complaint, or bank account number for a refund/discount:I also request a confirmation of the complaint submission stating when I exercised this right, the content of the complaint, my claim, and the date and manner of its resolution.
Date:
Signature:In Prague on 05 January 2018