I. Basic provision
- These general business conditions (hereinafter referred to as "business conditions") are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code")
- Mypled s.r.o.
- IČ: 07038046
- VAT number: CZ07038046
- with registered office: U podchodu 826/5, 16200 Prague 6
- registered at the Municipal Court in Prague, Section C, File 293535
- contact details: Mypled s.r.o.
- email: info@mypled.com
- telephone: + 420-606142028
- mypled.com
(hereinafter referred to as the "seller")
- These terms and conditions govern the mutual rights and obligations of the seller Mypled s.r.o. and natural persons who enter into a purchase agreement outside their business as a consumer or in the course of their business (hereinafter referred to as the “Buyer”) through a web interface located on the website available at www.mypled.com (hereinafter referred to as the “Internet”). trade").
- The provisions of the terms and conditions are an integral part of the purchase agreement. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase agreement are concluded in the English language.
II. Information on goods and prices
- Information about the goods, including the prices of individual goods and their main features, are given for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if these goods cannot, by their nature, be returned by the usual postal route. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
- All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
- Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
- Any discounts on the purchase price of goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
III. Ordering and concluding a purchase contract
- The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
- The buyer orders the goods in the following ways:
- through his customer account, if he has previously registered in the online store,
- by filling in the order form without registration.
- When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation from the buyer that he has read these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered as the conclusion of the contract. The current business conditions of the seller are attached to the confirmation. The purchase contract is concluded by confirming the order by the seller to the buyer's email address.
- In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer's email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.
- All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by phone at the phone number or email of the seller specified in these terms and conditions.
- In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer at this obviously wrong price, even if the buyer was sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.
IV. Customer's account
- Based on the buyer's registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
- When registering in the customer's account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the customer's account and when ordering goods are considered correct by the seller.
- Access to the customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of the customer account to third parties.
- The seller may cancel the user account, especially if the buyer no longer uses his user account or if the buyer violates its obligations under the purchase agreement or these terms and conditions. The seller can also cancel the user account due to its organizational and strategic changes.
- The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
V. Payment terms and delivery of goods
- The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay in the following ways:
- cashless transfer to the seller's bank account No. 11116818/5500, maintained by Raiffeisenbank,
- cashless payment card,
- cash on delivery or payment card upon delivery of the goods,
- in cash or by credit card upon personal collection at the establishment,
- in cash or by payment card upon personal collection of consignments at the Zásilkovny establishment
- Together with the purchase price, the buyer is obliged to reimburse the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods
- In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of concluding the purchase contract.
- In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
- The seller does not require any advance payment or other similar payment from the buyer, unless otherwise agreed. Payment of the purchase price before sending the goods is not a deposit.
- According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.
- The goods are delivered to the buyer:
- to the address specified by the buyer of the order
- by means of a consignment to the address of the dispenser specified by the buyer,
- personal collection at the seller's premises
- The choice of delivery method is made during the ordering of goods.
- The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the buyer's order and in the order confirmation by the seller. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- 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 over 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 another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
- The seller will issue a tax document - invoice to the buyer. The tax document is sent to the buyer's email address.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
VI. Withdrawal from the contract
- A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
- The period for withdrawal from the contract is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of 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 goods, if the subject of the contract is a regular repeated delivery of goods.
- The buyer may not, inter alia, withdraw from the purchase agreement:
- provision of services, if any
- on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
- in other cases specified in § 1837 of the Civil Code.
- In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
- Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will confirm to the buyer the acceptance of the withdrawal without delay.
- 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 to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods can not be returned due to their nature by regular mail.
- If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of the return of the goods by the buyer to the seller, all funds, including delivery costs, received by him, in the same way or to a bank account. stated in the withdrawal from the purchase contract. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
- If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer handed over the goods to him.
- The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for damages incurred to the goods against the buyer's claim for a refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods or parts thereof has interrupted the production or import of goods. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
VII. Rights arising from defective performance
- The seller is liable to the buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:
- the goods have the properties agreed by the parties and, in the absence of an arrangement, have such properties as the seller or manufacturer described in the description of the goods,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
- the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
- the goods are in the corresponding ordered quantity,
- The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
- Where the period during which the goods may be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legislation, the provisions on the quality guarantee shall apply. By the quality guarantee, the seller undertakes that the goods will be fit for use for the usual purpose for a certain period of time or that they will retain their usual characteristics. If the buyer has rightfully reproached the seller for the defect of the goods, the period for exercising the rights from defective performance or the warranty period for the period during which the buyer cannot use the defective goods does not run.
- The provisions referred to in the previous paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods to 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 results from the nature of the goods. The right from defective performance does not belong to the buyer if he knew before taking over the goods that the goods had a defect or if the defect was caused by the buyer himself.
- In the event of a defect, the Buyer may submit a complaint to the Seller and require:
- exchange for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract:
- if the goods have a substantial defect,
- if the item cannot be properly used due to the recurrence of the defect or defects after repair,
- in case of a larger number of defects in the goods.
- A material breach of contract is one of which the party infringing the contract already knew, or ought to have known, at the time of the conclusion of the contract that the other party would not have entered into the contract if it had foreseen the breach.
- In the case of a defect that means an insignificant breach of contract (regardless of whether the defect is removable or irreparable), the buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.
- If a removable defect has occurred repeatedly after repair (a third complaint for the same defect or a fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to apply a request for a discount on the purchase price, replacement of goods or withdrawal from the contract.
- When making a claim, the buyer is obliged to inform the seller of the right he has chosen. A change of choice without the seller's consent is possible only if the buyer has requested the repair of a defect that turns out to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of an insignificant breach of contract.
- If the repair or replacement of the goods is not possible, on the basis of withdrawal from the contract, the buyer may request a refund of the purchase price in full.
- If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
- The buyer cannot claim discounted goods for the reason for which the goods are discounted.
- The Seller is obliged to accept the complaint at any of the Seller's premises, or even at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of settlement of the complaint the Buyer requires, as well as confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
- The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed for expert assessment of the defect. The complaint, including the removal of the defect, must be settled immediately, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of making a claim is considered to be the moment when the Buyer's will (exercise of the right from defective performance) reaches the Seller.
- The seller shall inform the buyer in writing of the outcome of the complaint.
- The right from defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing had a defect or if the buyer himself caused the defect.
- In the event of a complaint, the buyer is not entitled to reimbursement of the costs associated with the claim
- The buyer has the choice of the method of complaint.
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
- Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
VIII. Delivery
- The Contracting Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver the correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in his customer account or in the order.
IX. Personal data
- All information you provide in our cooperation is confidential and we will treat it as such. Unless you give us written permission to do so, we will not use the data about you in any other way than for the purpose of performance of the contract, except for the e-mail address to which commercial communications may be sent to you, as this procedure is permitted by law, unless you refuse it. These communications may relate only to similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or clicking on a link in a commercial communication). The e-mail address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
- More detailed information on the protection of personal data can be found in the Privacy Policy HERE
X. Out-of-court dispute resolution
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for 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 arising from the purchase contract.
- European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to 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).
- The seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.
XI. Final provisions
- All agreements between the seller and the buyer with the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
- The seller is not bound in relation to the buyer by any codes of conduct within the meaning of § 1826 para. 1 point. e) the Civil Code.
- All rights to the Seller's website, in particular copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
- The seller is not responsible for errors arising as a result of third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere with or use the software or other components of the online store without authorization and use the online store or its parts or software in such a way that would be contrary to its purpose or purpose.
- The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
These Terms and Conditions come into effect on 1.1.2022