Terms and conditions for the sale of goods on the internet and complaints procedure

I. Introductory provisions

1. These terms and conditions for the sale of goods on the internet (hereinafter the "terms and conditions") of NORD E-COM B.V., Boven de Wolfskuil 3 A 24, 6049LX Herten, Netherland. IČ : 860938293, e-mail address [email protected], tel. no. +420 732 803 183, (hereinafter the "seller"), govern the mutual rights and obligations of the seller, as an entrepreneur, and of the buyer, arising on the basis of a purchase contract (hereinafter the "purchase contract") concluded via the online shop www.nordblanc.com, (hereinafter the "Online Shop"), which is operated by the seller.

2. The buyer is a consumer or an entrepreneur. A consumer is any individual who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with the seller or otherwise deals with the seller. An entrepreneur is anyone who independently carries out a gainful activity on their own account and responsibility under a trade licence or in a similar manner with the intention of doing so consistently for the purpose of making a profit. For the purposes of consumer protection, an entrepreneur is also deemed to be any person who concludes contracts related to their own business, production or similar activity or in the course of the independent exercise of their profession, or a person who acts in the name of or on behalf of an entrepreneur.

3. The terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language, and the purchase contract may be concluded only in the Czech language.

II. Order, conclusion of the purchase contract

1. The buyer may order the seller's goods via the Online Shop, in which the goods are presented to the buyer, including information about the goods, a description of their main characteristics, their purchase price and the related charges (including the costs of delivery of the goods, payment for the goods and packaging). In connection with the presentation of the goods, the buyer acknowledges that the colour shades of the goods presented via the Online Shop may be slightly distorted compared with the actual colour shade of the goods (the reason being, for example, the quality of the photograph or the settings of the buyer's monitor).

2. The presentation of the seller's goods placed in the Online Shop is a proposal to conclude a purchase contract (an offer). By sending the order, the buyer accepts the offer. The purchase contract for the goods is concluded at the moment the order is delivered to the seller. The conclusion of the purchase contract is subsequently confirmed by an automatically sent message to the buyer's e-mail address, the content of this message being the current wording of the seller's terms and conditions.

3. Before placing an order in the Online Shop, the buyer will, at their own choice, either register or proceed (order) without registration, in both cases according to the instructions given in the Online Shop, filling in the required data either as a consumer buyer or as an entrepreneur buyer, whereby all the data filled in must be correct and truthful. The mandatory data to be filled in are marked in bold; without them it will not be possible to conclude a purchase contract or to complete the registration. If the buyer states their IČO or DIČ, it is deemed that they are an entrepreneur buyer. Stating the IČO and DIČ for entrepreneur buyers is necessary so that a proper tax document can be issued.

Upon registration, a user account will be created for the buyer, secured by a user name and a password, which the buyer is obliged to keep confidential and not to disclose to third parties. The seller is entitled, even without stating a reason and without notifying the buyer of this fact, to cancel the buyer's user account; this will happen in particular in the event of long-term non-use of the user account or its misuse, or at the buyer's request.

After the user account has been created, and until it is cancelled, access via the user account may be used for the buyer's further orders through the Online Shop, which speeds up the completion of selected data in the order.

4. The purchase price of the goods means the price in CZK stated for the individual goods in the Online Shop, which is the purchase price of the goods including all taxes and charges (the related charges, or rather the costs of delivery of the goods, cash on delivery and packaging, are made available to the buyer in these terms and conditions, but no later than before the order is sent to the seller). When new prices of goods are displayed in the Online Shop, the previous prices of the goods automatically become invalid, with the exception of goods ordered by the buyer while the original price was still valid.

5. In order to order goods from the Online Shop, the buyer creates an order for the goods, which contains in particular the specification of the particular goods and their quantity (the buyer "places these goods in the basket"), the purchase price and the related charges, and the method of payment of the purchase price and the related charges (for the method of payment see the payment terms below). Before sending the order to the seller, the buyer always has the option to check and change the data they have entered in the order, which also enables the buyer to detect and correct errors that arose when entering data into the order. After checking the data entered in the order for the goods, if the buyer agrees with the content of the order, the buyer sends the order to the seller by clicking on the "send order" button. The seller will immediately confirm to the buyer the receipt of the order, or rather the conclusion of the purchase contract for the goods from the order, by electronic mail to the e-mail address entered by the buyer during the order; the content of this confirmation e-mail includes, in addition to a summary of the buyer's order, also the current wording of the terms and conditions.

6. By placing an order via the Online Shop, the buyer confirms that they have read these terms and conditions and that they agree with them in the wording effective on the date of placing their order. The buyer is expressly informed of these terms and conditions before placing their order, and thus has the opportunity to read them, or not to place the order.

7. Each order will be registered under a special registration number under which it will be kept until it has been completely processed. The buyer is entitled to ask the seller for information about the current status of the order and the seller undertakes to provide this information to the buyer.

8. If an individual purchase contract is concluded with the buyer, it takes precedence over these terms and conditions in those parts where the individual purchase contract conflicts with these terms and conditions.

9. Goods delivered to the buyer remain the property of the seller until their purchase price has been paid in full.

10. The risk of damage to the item passes to the buyer at the moment the buyer takes over the goods.

11. The seller reserves the right to withdraw from the purchase contract for reasons of a substantial change of circumstances or for another reasonable reason, e.g. in the event that the stocks of the goods from the order have already been exhausted, there has been a substantial change in the purchase price of the ordered goods, the price of the goods was presented incorrectly in the Online Shop, or the goods would be delivered later than the seller announced.

III. Rights and obligations arising from defective performance (complaints procedure)

1. This article applies only to the rights and obligations of the contracting parties under a purchase contract concluded by an entrepreneur with a buyer who is a consumer, pursuant to § 2158 (1) of Act No. 89/2012, the Civil Code (hereinafter the "Civil Code"); specifically, it governs the rights arising from defective performance, which are governed by the Civil Code (in particular §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code) and by the Consumer Protection Act.

Quality upon takeover

2. The seller is liable to the buyer that the goods are free from defects upon takeover. In particular, the seller is liable to the buyer that at the time the buyer took over the goods, the goods have the characteristics agreed by the parties and, in the absence of an agreement, such characteristics 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 the advertising carried out by them; that the goods are fit for the purpose which the seller states for their use or for which goods of this kind are usually used; that the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model; that the goods are in the corresponding quantity, measure or weight; and that the goods comply with the requirements of the legal regulations.

3. If a defect becomes apparent within twelve months of takeover, the goods are deemed to have been defective already upon takeover.

4. If the item does not have the above characteristics upon takeover by the buyer, the buyer has the right, pursuant to § 2169 of the Civil Code, to the free, proper and timely removal of the defect by replacement of the item or its part (if the defect concerns only a part), if this is not disproportionate or unreasonable given the nature of the defect (e.g. the defect can be removed without undue delay), otherwise by repair of the item or its part; if this is not possible, the buyer has the right to a reasonable discount from the purchase price or to withdraw from the purchase contract. The buyer also has the right to the delivery of a new item or to the replacement of a part in the case of a removable defect, if they cannot properly use the item due to the repeated occurrence of the defect after repair or due to a greater number of defects; in such a case the buyer also has the right to withdraw from the purchase contract.

5. The buyer is not entitled to rights arising from defective performance if, before taking over the goods, the buyer knew that the goods had a defect, or if the buyer caused the defect themselves.

6. If the item has a defect for which the seller is liable and the goods are sold at a reduced price or are used goods, the buyer has, instead of the right to the replacement of the goods, the right to a reasonable discount.

Substantial and non-substantial breach of the purchase contract

7. The buyer is entitled to exercise the right arising from defective performance in respect of a defect which constitutes a substantial or a non-substantial breach of the purchase contract and which occurs in the goods within 24 months of their takeover by the buyer (in the case of used goods this period is reduced by half).

8. A substantial breach of the purchase contract is such a breach of the purchase contract of which the breaching party, already at the time of conclusion of the purchase contract, knew or must have known that the other party would not have concluded the purchase contract had it foreseen such a breach.

9. If the defective performance constitutes a substantial breach of the purchase contract, the buyer has the right to have the defect removed by the delivery of new goods without defects or by the delivery of the missing goods, to have the defect removed by repair of the goods, to a reasonable discount from the purchase price, or the right to withdraw from the purchase contract.

10. The buyer shall inform the seller which right they have chosen when notifying the defect, or without undue delay after notifying the defect. The buyer may not change the choice made without the seller's consent; this does not apply if the buyer requested the repair of a defect which turns out to be irreparable. If the seller does not remove the defects within a reasonable period or notifies the buyer that they will not remove the defects, the buyer may request, instead of the removal of the defect, a reasonable discount from the purchase price, or may withdraw from the purchase contract. If the buyer does not choose their right in time, they have the same rights as in the case of a non-substantial breach of the purchase contract.

11. In the case of a non-substantial breach of the purchase contract, the buyer has the right to have the defect removed or to a reasonable discount from the purchase price. Until the buyer exercises the right to a discount from the purchase price or withdraws from the purchase contract, the seller may deliver what is missing or remove the legal defect. The seller may remove other defects, at the seller's own choice, either by repairing the item or by delivering a new item.

12. Upon the delivery of new goods, the buyer shall return to the seller, at the seller's expense, the goods originally delivered, in a manner agreed with the seller.

13. The seller is not liable for a defect in goods sold at a reduced price for which the lower price was agreed; nor is the seller liable for a defect corresponding to the wear and tear of the goods caused by their usual use; in the case of used goods, the seller is not liable for a defect corresponding to the degree of their use or wear; furthermore, the seller is not liable for a defect in the goods which the goods had upon takeover by the buyer, or where this follows from the nature of the goods. Nor is the seller liable for a defect in the goods arising as a result of failure to follow the instructions given in the care instructions for the given goods, in particular where, as a result of failure to follow these instructions, the item is damaged, e.g. (in the case of clothing) by washing at an incorrectly set temperature, by washing together with goods of a different colour, or by washing in an automatic washing machine in the case of goods that may only be washed by hand, as well as by dry cleaning or ironing in the case of goods that may not be dry-cleaned or ironed, etc.

14. If the buyer does not notify the seller of a defect in the goods in time, they lose the right to withdraw from the purchase contract.

15. If the buyer has not notified a defect without undue delay after they could have discovered it upon a timely inspection and with sufficient care, the court will not grant them the right arising from defective performance. In the case of a hidden defect, the same applies if the defect was not notified without undue delay after the buyer could have discovered it with sufficient care, but no later than within two years after the goods were handed over.

Handling of a complaint

16. The buyer exercises the rights arising from defective performance at the seller's address NORDBLANC-OBCHOD, Třebízského 1870, 390 02 Tábor, but preferably in writing by electronic mail to the e-mail address info.cz@nordblanc.com.

17. The period for handling a complaint runs from the moment the seller received the claimed goods from the buyer.

18. In order to enable the seller to handle the complaint properly, the buyer is obliged to prove to the seller that they bought the goods from the seller and that their right to exercise the rights arising from a defect in the goods has not yet expired (the buyer usually does so by means of the sales document), and further to hand over to the seller for assessment the goods in which, according to the buyer, a defect has occurred for which the seller should be liable, and also to inform the seller of their contact details, of the defect identified and of the requested method of handling the complaint. Goods handed over by the buyer to the seller for assessment as part of a complaint should be clean (washed) and secured against damage during transport, if they are sent by the buyer by post, so that they are not damaged in transit.

19. If the buyer exercises a right arising from defective performance, the seller will confirm to them in writing when the right was exercised, what the content of the complaint is and what method of handling the complaint is requested; and further a confirmation of the date and method of handling the complaint, including a confirmation of the repair carried out and of its duration, or a written justification for the rejection of the complaint.

20. The seller undertakes to inform the buyer about the handling of the complaint at the e-mail address or telephone number provided by the buyer when making the complaint, otherwise at the e-mail address or telephone number recorded in the buyer's user account or entered in the order.

21. The seller will decide on the complaint immediately, in complex cases within three working days of receiving the complaint and the claimed goods. This period does not include the time reasonably required, according to the type of goods, for an expert assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than within 30 days of the day on which it was made, unless the seller and the buyer agree on a longer period; the futile expiry of this period is considered a substantial breach of the purchase contract.

22. If the complaint is justified, the buyer is entitled to the reimbursement of the costs purposefully incurred in exercising the buyer's rights arising from liability for defects in the goods.

IV. The consumer buyer's right to withdraw from the purchase contract

1. If the purchase contract is concluded by means of distance communication (via the Online Shop), the buyer who is a consumer is entitled, in accordance with § 1829 (1) of the Civil Code, to withdraw from the purchase contract within 14 days of taking over the goods, whereby in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of takeover of the last delivery of the goods. Over and above § 1829 (1) of the Civil Code, the seller extends the period for returning goods to 30 days from the takeover of the goods, and for orders sent between 1 November and 15 December the return period is extended until 15 January of the following year. The withdrawal from the purchase contract must be sent to the seller within the period stated in the previous sentence. To withdraw from the purchase contract, the consumer buyer may use the model form available in the Online Shop. The seller informs the consumer buyer, and the consumer buyer is aware of this fact, that in the event of exercising the right to withdraw from the purchase contract this does not constitute a free loan of the goods; the period in question is intended to enable the consumer buyer to familiarise themselves with the goods to a reasonable extent (in the same way as they could do at a physical shop).

2. The consumer buyer may send the withdrawal from the purchase contract to the seller's address NORDBLANC-OBCHOD, Komerční 466, 251 01 Nupaky, or to the seller's e-mail address. It is recommended that, together with the withdrawal from the purchase contract, the consumer buyer also informs the seller of the order number, the date of takeover of the goods and the consumer buyer's account number including the banking institution for the refund of the money (if the money is to be sent to the consumer buyer's bank account).

3. In the event of the consumer buyer's withdrawal from the purchase contract, the purchase contract is cancelled from the outset. The consumer buyer must send or hand over the goods to the seller at NORDBLANC-OBCHOD, Komerční 466, 251 01 Nupaky, complete, with complete documentation, unworn, undamaged, clean, if possible in the original packaging, in the condition and value in which they took over the goods, no later than within 14 days of the withdrawal from the purchase contract. The seller informs the consumer buyer that if they exercise their right to withdraw from the purchase contract, as stated above, the consumer buyer alone bears the costs associated with returning the goods to the seller, even in the case where the goods cannot, due to their nature, be returned by the usual postal route. When sending the goods back to the seller, the consumer buyer undertakes to secure the goods so that they are sufficiently protected against deterioration during transport. Goods sent cash on delivery by a consumer buyer who has exercised their right and withdrawn from the purchase contract will not be accepted by the seller.

4. The seller will return to the consumer buyer the funds it received from them on the basis of the purchase contract no later than within 14 days of the day of the consumer buyer's withdrawal from the purchase contract, and in the same way in which the seller received them from the consumer buyer, unless agreed otherwise. However, the seller is not obliged to return the funds before the consumer buyer hands over the goods to them or proves that they have sent the goods to the seller.

5. A buyer who is a consumer may not, in accordance with § 1837 of the Civil Code, withdraw, among other things, from a purchase contract for the delivery of goods that have been adjusted according to the buyer's wishes or for their person, for the delivery of goods that are subject to rapid deterioration, as well as goods that were, after delivery, irreversibly mixed with other goods, or for the delivery of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygiene reasons.

6. In the event that the returned goods are incomplete or damaged, the seller may reduce the purchase price to be refunded by the amount corresponding to this (to the damage) (the seller will set off its claim against the purchase price to be refunded and the consumer buyer will thus be entitled only to the purchase price of the goods so reduced); the consumer buyer agrees to this unilateral set-off.

7. The consumer buyer acknowledges that if a gift/gifts are handed over to the consumer buyer together with the goods and the consumer buyer exercises their right to withdraw from the purchase contract, a resolutive condition is fulfilled, the fulfilment of which means that the consumer buyer is obliged to return, together with the returned goods, also the gift/gifts which they received from the seller together with these goods.

V. Delivery of goods, payment terms

1. The buyer may pay the purchase price of the goods and the related charges for delivery of the goods within the territory of the Czech Republic by means of:

a. Cash on delivery upon delivery of the goods to the buyer, at which point the purchase price of the goods and the related charges become due. The seller does not require any deposit or other similar payment from the buyer, unless agreed otherwise.

b. Cashless payment via the Adyen and Paypal payment gateway (hereinafter the "payment gateway"), which is located in the Online Shop.

3. The seller will send the ordered goods via a carrier service of the seller's choice, unless agreed otherwise, to the address chosen by the buyer in the order for the goods. The seller does not allow personal collection of the goods or their delivery to another address.

4. Price of transport for delivery of goods within the territory of the Czech Republic:

Further rights and obligations of the parties in the transport of the goods may be governed by the seller's special delivery terms, if issued by the seller. The delivery charges and further information are stated at: https://https://www.nordblanc.com/cs_CZ/page/platba-a-doprava

5. The seller is also entitled to charge for packaging.

6. Before the order for the goods is sent to the seller, the seller will inform the buyer of the price of transport and packaging (the related charges), which the buyer will confirm and only then send the order.

7. If it has not been agreed how the goods are to be packed, the seller will pack the goods according to custom; if there is none, then in the manner necessary for the preservation and protection of the goods. The seller will prepare the goods for transport in the same manner.

8. The buyer is obliged to take over the goods upon delivery by the carrier service. However, in the event that the carrier service delivers an incomplete or visibly damaged consignment, the buyer is entitled to refuse to take over the consignment. If the buyer does not take over the consignment for the reason stated in the previous sentence, or if, on the contrary, they take it over despite the visible damage, they undertake, upon the refusal/takeover of the goods, to draw up a damage report with the carrier service listing all the damage complained of (the defects), and to deliver this report to the seller without undue delay.

9. The buyer's acceptance of unsolicited performance does not constitute acceptance of an offer.

10. The buyer is obliged to pay the purchase price of the goods and the related charges according to the chosen method of payment either before the delivery of the goods (card payment, online bank transfer) or at the latest upon delivery of the goods to the buyer (cash on delivery), and this before they have the opportunity to inspect the goods, because the agreed method of handover of the goods excludes the possibility of inspection (§ 2119 (1) of the Civil Code).

VI. Protection of personal data and information

1. The personal data which the buyer provides to the seller for the purpose of processing the order, performing the purchase contract and maintaining the user account are collected, processed and stored in accordance with the applicable laws of the Czech Republic, in particular with Act No. 101/2000 Coll., on the protection of personal data, as amended. The seller undertakes not to provide the personal data, in any form, to a third party, apart from the cases stipulated by law, with the exception of the external carrier service, to which the personal data are passed on to the minimum extent necessary for the delivery of the ordered goods. The buyer gives the seller their consent to the collection and processing of the personal data (in electronic form by automated means or in printed form by non-automated means) provided to the seller when ordering the goods (name and surname, home address, delivery address, IČO, DIČ, e-mail address, telephone number) in the seller's database, for the purpose of fulfilling the subject of the purchase contract being concluded, until such time as they express their disagreement with this processing in writing. By placing an order, the buyer confirms that they provide their personal data voluntarily. The buyer has the right of access to their personal data, the right to have them corrected, including other statutory rights to these data (the right to an explanation and to the removal of an unlawful situation), as well as the right to contact the Office for Personal Data Protection.

2. By placing an order, the buyer also consents to the sending of information and commercial communications of the seller to the buyer's electronic address, unless they revoke this consent already in the order, whereby the buyer is entitled to refuse the sending of information and commercial communications of the seller at any time later as well.

3. The purchase contract is archived in the seller's electronic storage, for the purpose of its performance and record-keeping, and is accessible only to the seller, not to the buyer.

VII. Sending commercial communications and storing cookies

1. The buyer consents to the sending of information relating to the goods, services or business of the seller to the buyer's electronic address and further consents to the sending of commercial communications by the seller to the buyer's electronic address.

2. The buyer consents to the storage of so-called cookies on their computer. In the event that a purchase can be made on the website and the seller's obligations under the purchase contract can be performed without so-called cookies being stored on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

VIII.

1. All contractual relations are governed by the legal order of the Czech Republic. If the contracting party to the purchase contract is a consumer, the contractual relations not governed by the terms and conditions are governed by the Civil Code and by the Consumer Protection Act. If the contracting party is an entrepreneur buyer, the contractual relations not governed by the terms and conditions are governed by the Civil Code. If the relationship established by the purchase contract contains an international (foreign) element, then the contracting parties agree that their relationship is governed by Czech law, which, however, does not affect the consumer's rights arising from legal regulations from which it is not possible to depart.

2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, website: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.

3. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 (1) (e) of the Civil Code.

4. The seller is authorised to sell goods on the basis of a trade licence. Trade licence inspection is carried out, within its remit, by the competent trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. Supervision of compliance with the Consumer Protection Act is exercised, to the extent defined by law, by the Czech Trade Inspection Authority.

5. The buyer consents to the use of means of distance communication when concluding the purchase contract. The costs associated with the use of means of distance communication when concluding the purchase contract, i.e. e.g. the costs of an internet connection, are borne by the buyer themselves, whereby these costs do not differ from the basic rate.

6. An annex to the terms and conditions is the model form for withdrawal from the purchase contract by a consumer buyer.

Withdrawal from contract form - PDF.pdf

7. These terms and conditions come into effect on 30.10.2017. The seller reserves the right to change these terms and conditions without prior notice; such a change of the terms and conditions, however, does not affect the rights and obligations that arose during the effectiveness of the previous wording of the terms and conditions.