Terms and Conditions
Online store www.joliorigins.care/www.joliorigins.cz
Jitka Vrňáková
Korunní 2569/108, Prague 10, 101 00
ID: 08670340
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the online store www.joliorigins.care, the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase agreement (hereinafter referred to as the "Purchase Agreement ") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.joliorigins.care (hereinafter referred to as the "website") through the website interface (hereinafter referred to as the "store web interface").
1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods/services from the seller is a legal entity or a person who acts when ordering goods as part of his business activity or as part of his independent professional performance.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access its user interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered 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 the information necessary to access his user account.
2.4. The buyer is not authorized to allow the use of the user account by third parties.
2.5. The seller can cancel the user account, especially if the buyer does not use his user account for a longer period of time, or if the buyer violates his obligations under the purchase contract (including terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about goods/services, including the prices of individual goods/services. Prices of goods/services are shown without VAT and all related fees. The prices of goods/services remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.3. The store's web interface also contains information about the costs associated with additional services.
3.4. To order goods, the buyer fills out the order form in the web interface of the store.
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Order" button. The data listed in the order they are deemed correct by the seller.
3.6. Sending the order is considered to be an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the filling in of all mandatory data in the order form, familiarization with these terms and conditions on the website and confirmation by the buyer that he has become familiar with these terms and conditions.
3.7. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as "the buyer's e-mail address").
3.8. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.9. The draft purchase contract in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
3.11. In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer to the buyer's e-mail address an amended offer indicating possible variants of the order and request the buyer's opinion.
3.12. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case only upon acceptance by the buyer via e-mail.
3.13. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS/SERVICES AND TERMS OF PAYMENT
4.1. The buyer can pay the price of the goods/services to the seller using the methods listed in the payment step.
4.2. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.3. Any discounts on the price of goods/services provided by the seller to the buyer cannot be combined with each other.
4.4. If it is customary in business relations, or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller pays the value added tax. Tax document - the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
5. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
5.1. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
5.2. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://www.coi.cz
5.3. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
6. PROTECTION OF PERSONAL DATA
6.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 110/2019 Coll., on the protection of personal data, as amended.
6.2. The buyer agrees to the processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number and (hereinafter all together as "personal data").
6.3. The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
6.4. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully (when registering, in his user account, when ordering from the store's web interface) and that he is obliged to inform the seller without undue delay of a change in his personal data.
6.5. The seller can entrust the processing of the buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.
6.6. Personal data will be processed for the duration of the license. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
6.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
6.8. In the event that the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in violation of the protection of the buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to for the purpose of their processing, may:
6.8.1. ask the seller or processor for an explanation,
6.8.2. require the seller or the processor to remove the condition thus created.
6.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.
7. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
7.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.
7.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
8. DELIVERY
8.1. Notifications regarding the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by registered mail, unless otherwise stipulated in the purchase contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been delivered and effective upon delivery by post, except for notice of withdrawal by the Buyer, in which case the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.
8.2. Notices whose acceptance was refused by the addressee, which were not picked up within the storage period, or which were returned as undeliverable are also considered delivered.
8.3. The contracting parties may deliver regular correspondence to each other via e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order, or to the address listed on the seller's website.
9. THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT
9.1. If you are not satisfied with the goods, you can return them without giving a reason within 14 days of receiving the shipment, and we will refund your money or exchange the goods for another one according to your choice. The online store www.joliorigins.care provides the consumer with a protection period of 14 days in accordance with § 53, paragraph 7 of the Civil Code, to return goods without giving a reason. If you decide to use this option, you will send us the goods, including a copy of the sales document - invoice, receipt and cover letter, in which it will be stated that you are withdrawing from the concluded purchase contract.
9.3. It is not possible to withdraw from the contract without giving a reason if the goods have already been partially consumed. It is also not possible to withdraw from the contract for goods whose nature precludes this, especially for hygienic reasons.
9.4. If the returned goods are incomplete, damaged or visibly worn, we will apply to the buyer for damages. Goods sent back by cash on delivery will not be accepted.
9.5. Money Back. The money will be returned to the buyer within 30 days of withdrawal from the contract. In the event of a return, the money will be sent to the buyer by direct debit or, at the buyer's request, the money will be returned to his bank account. If the buyer paid for the order with a payment card, the money will be returned to the payment card.
10. WARRANTY PERIOD AND COMPLAINTS
10.1. For the buyer, the warranty period (also the shelf life) is the date indicated on the bottom of the box and the bottom of the cup or the back of the tube. The guarantee is valid until the products are opened and stored at room temperature. If a period of use is marked on the product, its packaging or in the instructions in accordance with special legal regulations, the warranty period ends when this period expires.
10.2. After opening the product, the buyer loses the right to claim within the warranty period. After opening, we recommend using by the date indicated on the package.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
In Prague on 1/11/2022