GENERAL BUSINESS TERMS AND CONDITIONS

 

MAVUE PARIS s.r.o., business ID No 06920977, registered office Lublaňská 267/12, Vinohrady, 120 00 Prague 2, incorporated in the Commercial Register maintained by the Municipal Court in Prague, section C, file 291380, represented by executive officer Bc. Sabina Vepřeková.

 

The Business Terms and Conditions apply to the sale of goods through the on-line store at www.mavue-paris.com

 

Article I

 

Introductory Provisions

 

1.1. These Business Terms and Conditions (“Terms and Conditions”) of MAVUE PARIS s.r.o., business ID No 06920977, registered office Lublaňská 267/12, Vinohrady, 120 00 Prague 2, incorporated in the Commercial Register maintained by the Municipal Court in Prague, section C, file 291380 (“Seller”), regulate, in accordance with Section 1751(1) of Act No 89/2012, as amended, the Civil Code (“Civil Code”) the mutual rights and obligations of the Contracting Parties arising based on a purchase contract (“Purchase Contract”) concluded between the Seller and a natural person (“Buyer”) through the internet store of the Seller. The Seller and Buyer are collectively referred to as the “Contracting Parties“.

 

The internet store is operated by the Seller on the website at www.mavue-paris.com (“Website”) through the website interface (“Store Interface”).

 

1.2. The Terms and Conditions do not apply to cases where a person intending to buy goods from the Seller is a legal person or person who orders goods in the course of their business activity or as part of their business if self-employed.

 

1.3. It is possible to arrange differing provisions to those in the Terms and Conditions in a Purchase Contract. Different arrangements in a Purchase Contract take precedence over the wording of these Terms and Conditions.

 

1.4. The Terms and Conditions form an integral part of any Purchase Contract. A Purchase Contract and these Terms and Conditions are issued in the Czech language.

 

1.5. The Seller may alter, supplement or elaborate the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the prior version of the Terms and Conditions.

 

Article II

 

User Account

 

2.1. After the Buyer registers on the Website, the Buyer may access his/her user interface. A Buyer may order goods using his/her user interface (“User Account”).

 

If the Web Interface so permits, a Buyer may also order goods directly from the Store Interface without registering.

 

2.2. During registration on the Website and when ordering goods, the Buyer must provide true data. The Buyer must update the data provided in the User Account at any change thereof. The data provided by the Buyer in the User Account and when ordering goods are considered to be correct by the Seller.

 

2.3. Access to the User Account is secured using a username (e-mail address) and password. A Buyer must preserve the confidentiality of the information required to access his/her User Account.

 

2.4. A Buyer is not authorized to allow the use of his/her User Account by third parties.

 

2.5. The Seller may cancel a User Account, especially in cases when a Buyer has not used the User Account for over 12 months, or in cases when the Buyer breaches his/her obligations from a Purchase Contract (including these Terms and Conditions).

 

2.6. The Buyer acknowledges that a User Account may not be available non-stop, especially with regard to the necessary hardware and software maintenance of the Seller’s equipment, or the necessary hardware and software maintenance of third-party equipment.

 

Article III

 

Conclusion of a Purchase Contract

 

3.1. The entire presentation of goods on the Store Interface is of an informational character and the Seller is not obliged to conclude a Purchase Contract regarding these goods. Section 1732(2) of the Civil Code does not apply.

 

3.2. The Store Interface contains information about goods, including the prices of the individual goods.

 

The prices of goods are specified including value-added tax (VAT) and all related fees excepting postage.

 

The prices of goods remain valid for the period for which they are displayed in the Store Interface. This provision is without prejudice to the Seller’s ability to conclude a Purchase Contract under individually arranged conditions.

 

3.3. The Store Interface also contains information about the costs connected with the packaging, transport and delivery of the goods. Information about costs connected with the packaging and delivery of goods indicated on the Store Interface is valid only when the goods are to be delivered inside the Czech Republic.

 

3.4. To order goods, a Buyer completes the order form on the Store Interface. The order form includes in particular the following information:

 

3.4.1. the personal data of the Buyer,

3.4.2. the goods ordered,

3.4.3. the payment method for the goods, the required delivery method for the ordered goods,

3.4.4. the costs for the delivery of the goods.

(“Order”).

 

3.5. Before sending an Order to the Seller, a Buyer has the opportunity to check and change the data the Buyer has entered into the Order, allowing the Buyer to identify and correct errors that arose when entering the data into the Order.

 

The Buyer sends the Order to the Seller by clicking on “Confirm Order”. The data provided in an Order are considered correct by the Seller.

 

3.6. The sending of an Order is considered an action by the Buyer that unequivocally identifies the ordered goods, the purchase price, the identity of the Buyer, the method of payment of the purchase price, the method of delivery of the ordered goods and represents a binding draft Purchase Contract for the Contracting Parties.

 

A condition for validity of an Order is the completion of all the mandatory data in the order form and confirmation from the Buyer that they have read these Terms and Conditions.

 

3.7. The Seller will confirm receipt of an Order to the Buyer by e-mail to the Buyer’s e-mail address indicated in the User Account or in the Order (“Buyer’s E-mail Address”).

 

3.8. The Seller is always authorized, depending on the nature of the Order (quantity of goods, purchase price amount, anticipated delivery costs), to require the Buyer to provide additional confirmation of an Order (e.g. by e-mail or by telephone).

 

3.9. A draft Purchase Contract in the form of an Order is valid for fifteen (15) days.

 

3.10. A contractual relationship between the Seller and the Buyer is created with the delivery of acceptance of an Order sent by the Seller to the Buyer by e-mail to the Buyer’s E-mail Address.

 

3.11. If the Seller cannot fulfil any of the requirements listed in the Order, it will send a modified offer for the Buyer to the Buyer’s E-mail Address indicating the possible alternatives, while the Buyer must respond within ten (10) days in writing to the Seller, while if the Buyer does not respond within this deadline, the Seller has the right to cancel the Order in full.

 

3.12. A modified offer is considered to be a new draft Purchase Contract and the Purchase Contract is in such a case concluded only with the acceptance by the Buyer via e-mail.

 

3.13. A Buyer consents to the use of remote means of communication during the conclusion of a Purchase Contract. The costs incurred by a Buyer when using remote means of communication in connection with the conclusion of a Purchase Contract (costs for internet connection, costs for telephone calls) are paid by the Buyer, while these costs will not differ from the basic rate.

 

Article IV

 

Price of the Goods and Payment Terms and Conditions

 

4.1. The Buyer may pay the price of the goods and any other costs connected with the delivery of goods pursuant to the Purchase Contract to the Seller in the following ways:

 

4.1.1. cash on delivery at the location determined by the Buyer in the Order;

4.1.2. cash-free transfer to the account of the Seller at Komerční banka a.s., account No 115-6920580287/0100 (“Seller’s Account”)

4.2. Together with the purchase price, the Buyer must also pay to the Seller the costs connected with the packaging and delivery of the goods at the contractual amount. Unless explicitly stated otherwise, the purchase price also includes the costs connected with the delivery of the goods.

 

4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to Art. 4.6. of the Terms and Conditions relating to the obligation to pay the purchase price for the goods in advance.

 

4.4. In the event of payment in cash or cash on delivery, the purchase price is payable upon collection of the goods. In the event of a cash-free payment, the purchase price is payable within 14 days from conclusion of a Purchase Contract.

 

4.5. In the event of a cash-free payment, the Buyer must pay the purchase price for the goods and also indicate the variable symbol of the payment. In the event of a cash-free payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment the relevant amount is credited to the account of the Seller.

 

4.6. The Seller is authorized, in particular if the Buyer does not provide additional confirmation of an Order pursuant to Article III of these Terms and Conditions, to require the payment of the whole purchase price before sending the goods to the Buyer. Section 2119(1) of the Civil Code does not apply.

 

4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.

 

4.8. If usual in the course of trade or if determined by generally binding legislation, the Seller will issue a tax document (invoice) to the Buyer relating to payments performed based on a Purchase Contract.

 

The Seller hereby declares that it is not a value-added tax payer. The Seller will issue a tax document (invoice) to the Buyer after the payment of the price of the goods, and send it in written form to the Buyer’s address together with the purchase.

 

Article V

 

Withdrawal from a Purchase Contract

 

5.1. The Buyer understands that pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Contract, inter alia:

 

5.1.1. for the delivery of goods whose price depends on fluctuations on the financial market independent of the will of the Seller and that may occur during the deadline for withdrawal from the Purchase Contract,

5.1.2. for the delivery of alcoholic beverages that may be delivered after thirty days and whose price depends on fluctuations on the financial market independent of the will of the Seller,

5.1.3. for the delivery of goods modified upon request of the Buyer or for him/her,

5.1.4. for the delivery of perishable goods and for goods irreversibly mixed with other goods after delivery,

5.1.5. for the delivery of goods in sealed packaging that the Buyer removed from the packaging and that cannot be returned for hygiene reasons,

5.1.6. for the delivery of audio or visual recordings or computer SW if the original packaging has been opened,

5.1.7. for the delivery of newspapers, periodicals or magazines.

5.2. If the situation is not one listed in Article V(5.1.) or another case under which it is not possible to withdraw from a Purchase Contract, the Buyer has, pursuant to Section 1829(1) of the Civil Code, the right to withdraw from a Purchase Contract within fourteen (14) days from acceptance of the goods, while if the subject of the Purchase Contract is multiple types of goods or delivery in multiple parts, this deadline will begin from the date of acceptance of the last delivery of the goods.

 

Withdrawal from a Purchase Contract must be sent to the Seller within the deadline indicated in the previous sentence.

 

5.3. For withdrawal from a Purchase contract, a Buyer may use the specimen form provided by the Seller, which forms an annex to these Terms and Conditions. The Seller may send withdrawal from a Purchase Contract to the address of the Seller indicated at the head of this document, meaning these “Terms and Conditions”, or by e-mail to info@mavue-paris.com. Article XI of these Terms and Conditions applies for the delivery of withdrawal from a Purchase Contract.

 

5.4. In the event of withdrawal from a Purchase Contract pursuant to Article V( 5.2.) of these Terms and Conditions, the Purchase Contract is cancelled in full. The goods must be returned to the Seller in an undamaged state and in their original packaging within fourteen (14) days from withdrawal from the Purchase Contract.

 

If a Buyer withdraws from a Purchase Contract, the Buyer will bear the costs connected with the return of the goods to the Seller, including if the goods cannot be returned by the usual postal route due to their nature.

 

5.5. In the event of withdrawal from a contract pursuant to Article V( 5.2.) of the Terms and Conditions, the Seller will return the funds accepted from the Buyer to the Buyer within fourteen (14) days from withdrawal from the Purchase Contract, in the same way as the Seller received them from the Buyer, unless agreed otherwise. The Seller is also authorized to return performances provided by the Buyer at the return of the goods by the Buyer in another way if the Buyer consents to this and the Buyer does not incur any additional costs as a result.

 

If the Buyer withdraws from a Purchase Contract, the Seller is not obligated to return received funds to the Buyer before the Buyer returns the goods.

 

5.6. The Seller is authorized to unilaterally set off a claim to compensation of damage to the goods against a claim of the Buyer to the return of the purchase price.

 

5.7. Until the acceptance of the goods by the Buyer, the Seller is entitled to withdraw from a Purchase Contract at any time. In such a case the Seller will return to the Buyer the purchase price without undue delay, through a bank transfer to an account designated by the Buyer.

 

5.8. Where a gift is provided to the Buyer together with the ordered goods, a gift agreement between the Seller and the Buyer is concluded with a condition subsequent that if the Buyer withdraws from the Purchase Contract, the gift agreement will lose its effect in relation to such gift and the Buyer must return the provided gift together with the goods to the Seller.

 

Article VI

 

Transport of Delivery of the Goods

 

6.1. If the delivery method is arranged based on a special requirement of the Buyer, the Buyer bears the risk and any eventual additional costs connected with such delivery method.

 

6.2. If the Seller must, pursuant to a Purchase Contract, deliver goods to a location indicated by the Buyer in an Order, the Buyer must accept the goods upon delivery.

 

6.3. If, for reasons on the side of the Buyer, it is necessary to repeat a delivery of goods or deliver them in a different way than indicated in the Order, the Buyer shall pay the costs connected with the repeated delivery or the costs connected with the different delivery method.

 

6.4. When accepting goods from a forwarder, the Buyer shall check that the packaging of the goods has not been opened or damaged and, in the event of any defect, notify the forwarder without delay. If the packaging is found to be damaged and raises suspicion of unauthorized access to the consignment, the Buyer need not accept the consignment from the forwarder.

 

Article VII

 

Rights from defective performance

 

7.1. The rights and obligations of the Contracting Parties regarding rights from defective performance (warranty complaints) are governed by the respective generally binding legislation, in particular Sections 2099 and subsequent of the Civil Code.

 

7.2. The Seller is responsible towards a Buyer for ensuring that the goods have no defects when accepted. The Seller is in particular responsible towards a Buyer for ensuring that when the Buyer accepted the goods:

 

7.2.1. the goods had the characteristics that the Parties arranged, and if no such arrangements were made, then such characteristics that the Seller or the manufacturer described or that the Buyer expected in view of the nature of the goods and based on any advertising,

7.2.2. the goods are suitable for the purpose indicated by the Seller or for which goods of this type are usually used,

7.2.3. the goods correspond to the quality or design of the agreed sample or original, if the quality or design was determined according to an agreed sample or original,

7.2.4. the goods are in the corresponding quantity, size or weight, and

7.2.5. the goods comply with legislative requirements.

7.3. The provisions indicated in Art. 7.2. of the Terms and Conditions do not apply for goods sold for a lower price due to a defect for which the lower price was arranged, for wear to goods caused through their usual use, for used goods for defects corresponding to the level of use or wear that the goods had at acceptance by the Buyer, of if this arises from the nature of the goods.

 

7.4. Where a defect in the goods is revealed within 6 months from acceptance, it is assumed that the goods were defective at the time of acceptance.

 

7.5. A Buyer may exercise rights from a defective performance at the Seller at the address of the Seller’s business premises in which the acceptance of a warranty complaint is possible in view of the range of sold goods, or potentially also at the registered office or place of business.

 

The moment of exercise of a warranty complaint is the moment when the Seller receives the goods in question from the Buyer.

 

7.6. Other rights and obligations of the Parties connected with the liability of the Seller for defects may be regulated by the warranty claims rules of the Seller.

 

Article VIII

 

Other rights and obligations of the Contracting Parties

 

8.1. A Buyer gains exclusive ownership rights to the goods with the payment of the whole of the purchase price for the goods.

 

8.2. The Seller is not bound by any codes of ethics vis-a-vis the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

 

8.3. The Seller will address out-of-court settlement of consumer complaints through the e-mail address info@mavue-paris.com . The Seller will send information about the resolution of a complaint from a Buyer to the Buyer’s E-mail Address.

 

8.4. The Seller is entitled to sell goods based on a valid trade authorization. Trade inspections are carried out by the respective licensing authority (in Czech: živnostenský úřad) within the scope of its powers. Supervision over the protection of personal data is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises within a defined scope, inter alia, supervision of compliance with Act No 634/1992, on consumer protection, as amended.

 

8.5. A Buyer hereby accepts the risk of change in circumstances pursuant to Section 1765(2) of the Civil Code.

 

Article IX

 

Personal Data Protection

 

9.1. Protection of the personal data of the Buyer, if a natural person, is provided through Act No 101/2000, on personal data protection, as amended. From 25 May 2018, the protection of personal data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation - GDPR)

 

9.2. A Buyer consents to the processing of his/her personal data: name and surname, residence address, ID number, tax ID number, e-mail address, telephone number and date of birth (“Personal Data”).

 

9.3. A Buyer consents to the processing of the Personal Data by the Seller for the purposes of the exercise of the rights and obligations arising from a Purchase Contract and for the purposes of maintaining a User Account. If a Buyer does not select a different option, he/she consents to the processing of the Personal Data by the Seller also for the purposes of sending information and commercial messages to the Buyer. Consent with the processing of the Personal Data within the full scope of this article is not a condition that would, in and of itself, prevent the conclusion of a Purchase Contract.

 

9.4. A Buyer understands that he/she must present true personal data (at registration, in his/her User Account, during an Order made using the Store Interface) and that he/she must inform the Seller of any change to such Personal Data without undue delay.

 

9.5. The Seller may entrust the processing of the Personal Data of a Buyer to a third party as processor. Personal data will not be provided to any third party except goods forwarders without the prior consent of the Buyer.

 

9.6. Personal Data will be processed for an indefinite period of time. Personal Data will be processed in electronic format in an automated manner or in printed format in a non-automated manner.

 

9.7. A Buyer confirms that the provided Personal Data are accurate and true and that he/she was informed that the provision of the Personal Data is voluntary.

 

9.8. If the Buyer thinks that the Seller or processor (pursuant to Article IX( 9.5.) are processing his/her Personal Data contrary to the protection of the private and personal life of the Buyer or contrary to the law, in particular if the Personal Data are incorrect in view of the purpose of their processing, he/she may:

 

9.8.1. ask the Seller or the processor for an explanation,

9.8.2. ask the Seller or the processor to rectify this situation.

9.9. If a Buyer asks for information about the processing of his/her Personal Data, the Seller shall provide him/her with this information. For providing the information according to the preceding sentence, the Seller may request reasonable compensation not exceeding the necessary costs for the provision of such information.

 

Article X

 

Sending Commercial Messages and Storing Cookies

 

10.1. A Buyer consents to the sending of information connected with the goods, services or the business of the Seller to the Buyer’s E-mail Address, and also consents to the sending of commercial messages by the Seller to the Buyer’s E-mail Address.

 

10.2. A Buyer consents to the storage of cookies on his/her computer. If a purchase on the Website is feasible, and the obligations of the Seller arising from the Purchase Contract can be fulfilled without the saving of cookies on the Buyer’s computer, the Buyer may revoke the consent given according to the previous sentence at any time.

 

Article XI

 

Delivery

 

11.1. Notices relating to the relationship between the Seller and the Buyer, in particular relating to withdrawal from a Purchase Contract, must be delivered by post in the form of a registered letter unless determined otherwise in the Purchase Contract. Notices are delivered to the relevant contact address of the other Contracting Party and are considered delivered and effective at the moment they are delivered by post, with the exception of a notice on withdrawal from a contract made by the Buyer, when the withdrawal is effective if the notice is sent by the Buyer within the deadline for withdrawal.

 

11.2. A notice is also considered delivered if the addressee refuses to accept it, if it was not collected within the storage period, or if it was returned as undeliverable.

 

11.3. The Contracting Parties may deliver their regular correspondence through e-mail to the e-mail address indicated in the Buyer’s User Account or indicated by the Buyer in an Order, respectively to the address indicated on the Seller’s Website.

 

Article XII

 

Final Provisions

 

12.1. If the relationship established by a Purchase Contract contains an international (foreign) element, the Parties agree that the relationship is governed by the laws of the Czech Republic. This doe snot affect the consumer rights arising from generally binding legal regulations.

 

12.2. If any provision of the Terms and Conditions is invalid or ineffective or becomes so, it shall be replaced by a provision whose sense is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision is without prejudice to the validity and effectiveness of the other provisions. Any amendments and supplements to a Purchase Contract or the Terms and Conditions must be made in writing.

 

12.3. A Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

 

12.4. The specimen form for withdrawal from a Purchase Contract forms an annex to the Terms and Conditions.

 

12.5. Contact Data of the Seller:

 

the address for delivering returned goods and for correspondence is:

 

Bc.Sabina Vepřeková, Chmelova 357, Hradec Králové 3, 500 03

 

E-mail: info@mavue-paris.com, telephone: +420 774 144 709 or +420 777 786 780

 

 

 

 

Specimen Form for Withdrawal from a Purchase Contract

In ................ on .......................

 

Name and surname ......................................................................

 

Address ......................................................................

 

Contact telephone ......................................................................

 

Contact e-mail ............................................................................

 

Re: Withdrawal from a Purchase Contract concluded through the e-shop at www.mavue-paris.com

 

Dear Sirs,

 

On ................... I concluded a Purchase Contract with you on your website www.mavue-paris.com using the Order Form, the subject of which was the purchase of the goods listed below:

 

- ........................................................,

 

- ........................................................,

 

- ........................................................,

 

- .......................................................,

 

The goods were delivered to me on ............................. together with tax document (invoice) number ........................., issued on ......................

 

Pursuant to Section 1829 and subsequent of Act No 89/2012, as amended, the Civil Code, I am exercising my right to withdraw from the above Purchase Contract within the statutory deadline of fourteen days from the date of acceptance of the goods.

 

I am returning to you the unused goods in their original unopened packaging as a separate registered consignment (Parcel Delivery to Hand), and concurrently requesting the refund of the purchase price of CZK ......................................

 

Please send these funds without undue delay but within 14 days from the moment of acceptance of this written withdrawal from the Purchase Contract to the bank account at

 

..................................................... account No ......................................./.................

 

customer telephone number:

 

Thank you for resolving this matter.

 

Yours faithfully, ...........................................................

 

name and surname of customer

 

the address for delivering returned goods for the Czech Republic and for correspondence is:

 

Bc.Sabina Vepřeková, Chmelova 357, Hradec Králové 3, 500 03

 

E-mail: info@mavue-paris.com, telephone: +420 774 144 709 or +420 777 786 780