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    Business terms and conditions

    online store

     

    registered office Černokostelecká 2016/85, Prague, 10000

     

    Company ID: 03444708

     

    VAT ID: CZ9455200194

     

    for the sale of goods via the online store located at the internet address www.saynomore.cz

     

    1. Introduction

       

      1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of Barbora Lukášová, with registered office at Černokostelecká 2016/85, Prague, 10000, Company ID: 03444708 (hereinafter the “Seller”) govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), 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 person (hereinafter the “Buyer”) via the Seller’s online store. The online store is operated by the Seller on the website located at www.saynomore.cz (hereinafter the “Website”), through the interface of the Website (hereinafter the “Store Web Interface”).

      2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within their business activity or within the independent practice of their profession.

      3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating arrangements in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

      4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

      5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous wording of the Terms and Conditions.

       

    2. Conclusion of the Purchase Contract

       

      1. All presentations of goods placed in the Store Web Interface are of an informative nature and the Seller is not obliged to conclude a Purchase Contract in respect of such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

      2. The Store Web Interface contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the nature of the goods does not allow them to be returned by ordinary postal means. The prices of the goods are stated including value added tax and all related charges. The prices of the goods remain valid for the period during which they are displayed in the Store Web Interface. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed terms.

      3. The Store Web Interface also contains information on the costs associated with packaging and delivering the goods.

      4. To order goods, the Buyer fills in the order form in the Store Web Interface. The order form contains in particular information on:

         

        1. the ordered goods (the Buyer “inserts” the ordered goods into the electronic shopping cart of the Store Web Interface),

        2. the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods, and

        3. information on the costs associated with the delivery of the goods (hereinafter collectively the “Order”).

         

      5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the Order, including with regard to the Buyer’s ability to detect and correct errors arising from data entry in the Order. The Buyer sends the Order to the Seller by clicking on the “Pay now” button. The data stated in the Order are considered correct by the Seller. The Seller shall immediately confirm receipt of the Order to the Buyer by e‑mail, to the Buyer’s e‑mail address specified in the user account or in the Order (hereinafter the “Buyer’s e‑mail address”).

      6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), to request additional confirmation of the Order from the Buyer (for example, in writing or by telephone).

      7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e‑mail, to the Buyer’s e‑mail address.

      8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, and these costs do not differ from the basic rate.

       

    3. Price of Goods and Payment Terms

       

      1. The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract in the following ways:

         

        1. cashless transfer to the Seller’s account No. 3217076018/3030, maintained with Air Bank, a.s., Evropská 2690/17, 160 00, Prague 6 (hereinafter the “Seller’s account”);

        2. cashless via the ShoptetPay payment system;

         

      2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also be understood to include the costs associated with the delivery of the goods.

      3. The Seller does not require an advance payment or any similar payment from the Buyer. This is without prejudice to the provisions of Art. 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

      4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 4 days of the conclusion of the Purchase Contract.

      5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.

      6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Art. 2.6), to require payment of the full purchase price before the goods are sent to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.

      7. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined.

      8. If customary in business practice or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice – regarding payments made on the basis of the Purchase Contract. The Seller is not a value added tax payer. The Seller shall issue the tax document – invoice – to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s e‑mail address.

       

    4. Withdrawal from the Purchase Contract

       

      1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a Purchase Contract for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, from a Purchase Contract for the supply of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery, from a Purchase Contract for the supply of goods in a sealed package which the consumer has removed from the package and which cannot be returned for hygienic reasons, and from a Purchase Contract for the supply of an audio or video recording or a computer program if the original packaging has been broken.

      2. Unless it is a case referred to in Art. 4.1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right, in accordance with the provisions of Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods; if the subject of the Purchase Contract is 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. Notice of withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, among other ways, to the address of the Seller’s establishment or to the Seller’s e‑mail address      .

      3. In the event of withdrawal from the Purchase Contract pursuant to Art. 4.2 of the Terms and Conditions, the Purchase Contract is cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.

      4. In the event of withdrawal from the Purchase Contract pursuant to Art. 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Contract, in the same manner in which they were received from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in another manner, if the Buyer agrees and no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.

      5. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

      6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time, up to the time of receipt of the goods by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, cashlessly to the account specified by the Buyer.

      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 resolutive condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such gift ceases to be effective and the Buyer is obliged to return the provided gift to the Seller together with the goods.

       

    5. Transport and Delivery of Goods

       

      1. If the method of transport is agreed upon on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

      2. If the Seller is obliged under the Purchase Contract to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.

      3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified 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.

      4. When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without delay. If a breach of the packaging is found indicating unauthorised entry into the consignment, the Buyer does not have to accept the consignment from the carrier.

      5. Further rights and obligations of the parties in the transport of goods may be regulated by the Seller’s special delivery terms, if issued by the Seller.

       

    6. Rights from Defective Performance

       

      1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

      2. The Seller is liable to the Buyer for the goods being free of defects on receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

         

        1. the goods have the properties agreed by the parties, and if there is no agreement, the goods have such properties as the Seller or the manufacturer described or which the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,

        2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,

        3. the goods correspond in quality or workmanship to the agreed sample or template if the quality or workmanship was determined according to an agreed sample or template,

        4. the goods are in the appropriate quantity, measure or weight, and

        5. the goods comply with the requirements of legal regulations.

         

      3. The provisions set out in Art. 6.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if it follows from the nature of the goods.

      4. If a defect becomes apparent within six months of receipt, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty‑four months of receipt.

      5. The Buyer shall exercise the rights from defective performance with the Seller at the address of the Seller’s establishment where acceptance of the complaint is possible with regard to the assortment of goods sold, or possibly also at the Seller’s registered office or place of business.

      6. Further rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.

       

    7. Other Rights and Obligations of the Contracting Parties

       

      1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

      2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of the provisions of Section 1826(1)(e) of the Civil Code.

      3. The Seller handles consumer complaints via the e‑mail address info@saynomore.cz . The Seller will send information on the handling of the Buyer’s complaint to the Buyer’s e‑mail address.

      4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs , is competent for out‑of‑court settlement of consumer disputes arising from the Purchase Contract. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Seller and the Buyer under the Purchase Contract.

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

      6. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing supervision is carried out, within its scope, by the relevant trade licensing office. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. Within the defined scope, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

      7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

       

    8. Personal Data Protection

       

      1. The protection of the personal data of the Buyer who is a natural person is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

      2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e‑mail address, telephone number (hereinafter collectively the “Personal Data”).

      3. The Buyer agrees to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations arising from the Purchase Contract and for the purposes of maintaining a user account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of Personal Data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of Personal Data to the full extent pursuant to this article is not a condition that would, by itself, prevent the conclusion of the Purchase Contract.

      4. The Buyer acknowledges that they are obliged to provide their Personal Data (when ordering via the Store Web Interface) correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in their Personal Data.

      5. The Seller may authorise a third party as a processor to process the Buyer’s Personal Data. Except for persons transporting the goods, Personal Data will not be transferred by the Seller to third parties without the prior consent of the Buyer.

      6. Personal Data will be processed for an indefinite period. Personal Data will be processed in electronic form in an automated manner or in printed form in a non‑automated manner.

      7. The Buyer confirms that the Personal Data provided are accurate and that the Buyer has been informed that the provision of Personal Data is voluntary.

      8. If the Buyer believes that the Seller or the processor (Art. 9.5) is processing the Buyer’s Personal Data in a manner that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the Personal Data are inaccurate with regard to the purpose of their processing, the Buyer may:

         

        1. request an explanation from the Seller or the processor,

        2. request that the Seller or the processor remedy the situation thus created.

         

      9. If the Buyer requests information about the processing of their Personal Data, the Seller is obliged to provide this information. The Seller has the right to request a reasonable fee for providing the information under the previous sentence, not exceeding the costs necessary to provide the information.

       

    9. Sending Commercial Communications and Storing Cookies

       

      1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the Buyer’s e‑mail address and further agrees to the sending of commercial communications by the Seller to the Buyer’s e‑mail address.

      2. The Buyer agrees to the storage of cookies on the Buyer’s computer. If it is possible to make a purchase on the Website and fulfil the Seller’s obligations under the Purchase Contract without storing cookies on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.

       

    10. Delivery

     

    1. Notices may be delivered to the Buyer at the Buyer’s e‑mail address.

    1. Final Provisions
     

    1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations. 2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. 3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible. 4. An annex to the Terms and Conditions is a sample form for withdrawal from the Purchase Contract. 5. Seller’s contact details: address for service Malý dvůr 635, Prague, 164 00, e‑mail address info@saynomore.cz, telephone +420 721 049 895.

    ​

     

    In Prague, on 23/11/2024

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