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    Terms and Conditions

    I. Basic Provisions

    1. These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code")

    Jasný CZ s.r.o.

    ID: 24292303

    EU VAT: CZ24292303

    registered office: Jana Žižky 674, 504 01 Nový Bydžov

    The company is registered in the Commercial Register kept at the Regional Court in Hradec Králové, Section C, Insert 41071

     

    Contact details:

    email: info@obuvjasny.cz

    account IBAN: CZ8608000000001986823293

    account SWIFT: GIBACZPX

    www.jasnyshoes.com

    (hereinafter referred to as "Seller")

    2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside his/her business activity as a consumer or within his/her business activity (hereinafter: "Buyer") via the web interface located on the website available at https://obuvjasny.cz (hereinafter: "Online Shop").

    3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.

    4. These Terms and Conditions and the Purchase Contract are concluded in the English language.

     

    II. Information on goods and prices

    1. Information about the goods, including the prices of the individual goods and their main characteristics are listed in the catalogue of the online shop. The prices of the goods are inclusive of value added tax. The prices of the goods remain valid for as long as they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.

    2. All presentation of the goods in the catalogue of the online shop is informative and the seller is not obliged to conclude a purchase contract for these goods.

    3. Information on the costs associated with the packaging and delivery of the goods is published in the online shop.

    4. Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the seller and the buyer.

     

    III. Order and conclusion of the purchase contract

    1. The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer. These costs do not differ from the basic rate.

    2:

    • via his customer account, if he has previously registered in the online shop,
    • by filling in the order form without registration.

    3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.

    4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the SUBMIT ORDER button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he has read these terms and conditions.

    5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. The confirmation shall be accompanied by the Seller's current terms and conditions. This confirmation shall be deemed to constitute the conclusion of the contract.

    6. In the event that any of the requirements specified in the order cannot be met, the Seller will send the Buyer an amended offer to his email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.

    7. By concluding the Purchase Contract, the Buyer confirms that he/she is aware that these Terms and Conditions form an integral part of the Purchase Contract and that he/she has read these Terms and Conditions in detail.

    8. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of the Seller's dispatch of the order. The Buyer may cancel an order by calling the telephone number or email of the Seller set out in these Terms and Conditions.

    9. In the event that there is an obvious technical error on the part of the Seller in quoting the price of the Goods in the Online Shop or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at such obviously incorrect price even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.

     

    IV. Customer account

    1. Upon registration of the Buyer in the online shop, the Buyer can access his/her customer account. From his customer account, the buyer can order goods. The Buyer can also order goods without registration.

    2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.

    3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.

    4. The Buyer is not entitled to allow third parties to use the customer account.

    5. The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement and these Terms and Conditions.

    6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

     

    V. Payment terms and delivery of goods

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


    cashless transfer to the Seller's bank account No. 1986823293/0800 kept at Česká spořitelna when paying in EUR

    • IBAN: CZ8608000000001986823293
    • SWIFT: GIBACZPX

    cashless payment card
    cashless transfer to the Seller's account via the payment gateway ShoptetPay

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

    3. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

    4. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's bank account.

    5. The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.

    6 The goods are delivered to the buyer:

    • to the address specified by the Buyer in the order
    • via the dispatch centre to the address of the dispatch centre specified by the Buyer

    7. The choice of delivery method is made during the ordering of the goods.

    8. The cost of delivery of the goods depending on the method of shipment and receipt of the goods is indicated in the buyer's order and in the confirmation of the order by the seller. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.

    9. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

    10. On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of a breach of packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

    11. The Seller shall issue a tax document - invoice to the Buyer. The tax document is attached to the delivered goods.

    12. The Buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.

    VI. Withdrawal from the contract

    1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

    2. The withdrawal period is 30 days

    • from the date of receipt of the goods
    • from the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or delivery of several parts
    • from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular repeated delivery of goods.

    3. The buyer may not, inter alia, withdraw from the contract of sale:

    in the case of delivery of goods which have been modified according to the wishes of the buyer or for the buyer's person
    in other cases specified in Section 1837 of the Civil Code.
    4. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. Download here. The Seller will acknowledge receipt of the form to the Buyer without delay.
    5. The Buyer, who has withdrawn from the contract, is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

    6. If the Buyer withdraws from the contract, the Seller shall return to the Buyer without delay, but no later than within 14 days of withdrawal from the contract, all funds received from the Buyer.

    7. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he has sent the goods to the seller.

    8. The Buyer must return the Goods to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

    9. The Buyer shall return the goods by sending the goods to the Seller at Jasný CZ, s.r.o., Jana Žižky 674, 504 01 Nový Bydžov.

    10. The Seller is entitled to withdraw from the purchase contract due to stock out or unavailability of goods. The Seller shall immediately inform the Buyer by means of the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer on the basis of the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in the manner specified by the Buyer.

     

    VII. Rights from defective performance

    1. 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 between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
    • the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
    • the goods conform in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined by reference to the agreed sample or specimen,
    • the goods are in the appropriate quantity, measure or weight
    • the goods comply with the requirements of the law.

    2. If the defect manifests itself within six months of receipt of the goods by the purchaser, the goods shall be deemed to have been defective upon receipt. The buyer shall be entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, or in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.

    3. In the event of a defect, the Buyer may submit a claim to the Seller and demand:

    • exchange for new goods
    • repair of goods
    • reasonable discount on the purchase price
    • withdraw from the contract

    4. The buyer has the right to withdraw from the contract,

    • if the goods have a material defect
    • if the goods cannot be used properly due to the recurrence of the defect or defects after repair
    • in the case of multiple defects in the goods

    5. The Buyer shall exercise the rights from the defective performance by sending the claimed goods to Jasný CZ, s.r.o., Jana Žižky 674, 504 01 Nový Bydžov. The Seller is obliged to send the Buyer a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of handling the claim the Buyer requires, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or written justification of the rejection of the claim. The Seller shall send the confirmation to the Buyer's email address.

    6. The Seller shall decide on the complaint within three working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment of the claim is considered to be the moment of receipt of the claimed goods by the seller.

    7. The Seller shall inform the Buyer in writing of the outcome of the complaint.

    8. The Buyer shall not be entitled to the right of defective performance if the Buyer knew before taking over the item that the item has a defect or if the Buyer caused the defect himself.

    9. In the case of a justified claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim, such as delivery of the defective goods to the seller. If the Buyer has chosen a delivery method other than the cheapest, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered.The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.

    12. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

    13. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's Complaints Regulations.

    VIII. Delivery

    1. The Parties may deliver all written correspondence to each other by electronic mail.

    2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer's customer account or order.

     

    IX. Out-of-court dispute resolution

    1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

    2. the European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: 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).

    3. The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on Consumer Protection, among other things.

     

    X. Final Provisions

    1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.

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

    3. All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.

    4. The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop and use the online shop or its parts or software in a manner that would be contrary to its purpose or intent.

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

    6. The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.

    7. 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 validity of the previous version of the terms and conditions.

     

     

    These terms and conditions shall take effect on 16 January 2019.