Terms and Conditions

 

Terms and Conditions

 

Of the company

Free Circle s.r.o.

Of business address Václavské náměstí 837/11, Praha 1, 110 00, Czech Republic

Identification number: 24218405

Registered under section C, file 189710 of the Commercial Register administered by the Municipal Court of Prague

For the sale of goods via the online store that can be accessed through the website www.freecircle.cz

 

  1. INTRODUCTION
    1. These terms and conditions (hereinafter “Terms and Conditions”) as set forth by the company Free Circle s.r.o., of business address Václavské náměstí 837/11, 110 00 Praha 1, Czech Republic, identification number: 24218405, registered under section C, file 189710 of the Commercial Register administered by the Municipal Court of Prague (hereinafter “Seller”) and in accordance with the provisions set forth in § 1751 paragraph 1 of law number 89/2012 Sb. of the Civil Code (hereinafter “Civil Code”), address the mutual rights and obligations of the contractual parties which arise from or in connection with the sales contract (hereinafter “Sales Contract”) concluded between the Seller and a person or persons (hereinafter “Buyer”) via the online store of the Seller. The online store is operated by the Seller through the website www.freecircle.cz (hereinafter “Website”) by means of the Website interface (hereinafter “Online Store Interface”).
    2. These Terms and Conditions shall not apply in cases where persons intending to purchase goods from the Seller are legal persons or persons acting during the order process within the bounds of their entrepreneurial activity or within the bounds of their independently exercised occupation.
    3. Provisions that differ from those set forth in these Terms and Conditions may be agreed in the Sales Contract and shall in such a case take precedence over the provisions set forth in these Terms and Conditions.
    4. The provisions set forth in these Terms and Conditions constitute an integral part of the Sales Contract. The Sales Contract and Terms and Conditions have been drafted in Czech. The Sales Contract may be concluded in Czech.
    5. The Seller is entitled to amend or update these Terms and Conditions. This clause shall not affect the rights and obligations following from previous versions of the Terms and Conditions during the period for which they were effective. 
       
  2. USER ACCOUNT
    1. The Buyer may access his user interface upon conducting registration through the Seller’s Website. The Buyer may order goods through his user interface (hereinafter “User Account”). The Buyer may order goods through the Online Store Interface without prior registration if the Online Store Interface enables the Buyer to do so.
    2. The Buyer hereby undertakes to provide correct and truthful information when registering and ordering goods through the Website. The Buyer also hereby undertakes to update any information provided in the User Account when changes to this information occur. All information provided by the Buyer in the User Account and during the order process shall be deemed correct by the Seller.
    3. Access to the User Account shall be secured with a username and password. The Buyer hereby undertakes to refrain from disclosing to other parties all information required for access to his User Account.
    4. The Buyer is not authorized to permit third parties the use of his User Account.
    5. The Seller is authorized to cancel the Buyer’s User Account, particularly where the Buyer has not used his User Account for a period of more than 3 years, or in cases where the Buyer has breached the obligations following from the Sales Contract (including these Terms and Conditions).
    6. The Buyer hereby undertakes to note that the User Account may not be accessible at all times, particularly when necessary maintenance is being conducted on hardware and software equipment by the Seller or, as the case may be, when necessary maintenance is being conducted on hardware and software equipment by third parties. 
  3. CONCLUDING THE SALES CONTRACT
    1. All components published on the Online Store Interface that constitute the Seller’s presentation of the goods are purely informative and the Seller is not obliged to conclude a Sales Contract with regard to these goods. The provisions listed under § 1732 paragraph 2 of the Civil Code shall not apply.
    2. The Online Store Interface contains information about the goods, including prices of each individual good. The prices indicated include Value Added Tax and all associated charges. The prices indicated shall be effective over the period of their publication on the Online Store Interface. This clause shall not affect the rights of the Seller to conclude a Sales Contract setting forth separately agreed conditions.
    3. The Online Store Interface contains information about charges associated with packaging and delivery of goods. This information shall only apply to goods being delivered within the territory of the Czech Republic.
    4. To place an order, the Buyer shall fill in the order form on the Online Store Interface. The order form particularly contains information about:
      1. The goods ordered (the Buyer shall “add” the ordered goods to the electronic shopping bag on the Online Store Interface),
      2. The method by which the purchase price of the goods and all associated charges shall be settled, information relating to the requested method of delivery for the goods ordered, and
      3. Information about the charges associated with the delivery of the goods ordered (all jointly hereinafter “Order”).
    5. The Buyer is entitled to verify and amend the contents of his Order prior to placing the Order   with the Seller in view of verifying and amending the items he is ordering, and providing him with the opportunity to detect and correct any possible mistakes made while entering the requested details in the Order. The Buyer shall place the Order by clicking on the “Place Order” button. All information provided in the Order shall be deemed correct by the Seller.
    6. An order shall be deemed placed upon such an action of the Buyer as clearly identifies the items being ordered, the purchase price, his personal details and the method of payment, and shall become a binding draft of the Sales Contract for the contractual parties. For the Order to enter into force, all mandatory details on the order form must be filled in by the Buyer, the Buyer must have fully acquainted himself with these Terms and Conditions, as provided on the Seller’s Website, and confirmed that he has fully acquainted himself with these Terms and Conditions.
    7. The Seller hereby undertakes to immediately confirm his receipt of the Buyer’s Order by electronic mail to the email address provided by the Buyer on the user interface or in the Order (hereinafter “Buyer’s Electronic Mail Address”).
    8. The Seller shall always be authorized, in view of the nature of the Order (the amount of items, purchase price or anticipated delivery charges), to demand additional confirmation from the Buyer as concerns his Order (particularly made in writing or by telephone).
    9. The draft of the Sales Contract, id est the Order, shall be valid for fifteen days.
    10. A contractual relationship between the Seller and the Buyer shall commence upon confirmation by the Seller of his receipt of the Order (acceptance), which shall be sent by the Seller to the Buyer by electronic mail to the email address provided by the Buyer.
    11. In the case of the Seller being unable to meet a request or requests made in the Order, the Seller shall send the Buyer a modified offer to the Buyer’s Electronic Mail Address providing the possible alternatives to the Order and asking for the Buyer’s stance towards these alternatives.
    12. A modified offer shall be deemed a new draft of the Sales Contract, which shall be deemed concluded only upon acceptance by the Buyer by means of electronic mail. 
    13. The Buyer hereby agrees to use long-distance means of communication for concluding the Sales Contract. All charges incurred by the Buyer for the use of long-distance means of communication connected with the concluding of the Sales Contract (internet connection charges, telephone call charges, etc.) shall be settled by the Buyer, whereby these charges do not differ from standard rates.
  4. PRICES AND PAYMENT CONDITIONS
    1. The Buyer hereby undertakes to pay the Seller for the goods ordered and all charges associated with their delivery in accordance with the Sales Contract by one of the following methods:
      • By cash at the Seller’s business address – Václavské náměstí 837/11, 110 00 Praha 1, Czech Republic;
      • By cash on delivery at the place specified by the Buyer in the Order;
      • By electronic payment via the GoPay payment gateway;  
    2. The Buyer is required to pay the Seller the price of the goods ordered and all charges associated with their packaging and delivery, as agreed in the Sales Contract. Unless explicitly provided otherwise, “purchase price” shall hereinafter be deemed to include the price of the goods and all charges associated with packaging and delivery of the goods.
    3. The Seller does not require a deposit or other such payment from the Buyer. This is without prejudice to the provisions listed under clause 4.6 of these Terms and Conditions concerning the Buyer’s obligation to pay the purchase price of the goods in advance.
    4. In the case of payment by cash or cash on delivery, the purchase price shall be payable upon receipt of the goods. In the case of electronic payment, the purchase price shall be payable at latest 5 days from the date the Sales Contract was concluded.
    5. The Buyer hereby undertakes to provide the variable symbol of the payment when paying the purchase price of the goods by electronic payment. In the case of electronic payment, the Buyer’s obligation to pay the purchase price of the goods shall be deemed met upon the crediting of the relevant amount due to the bank account of the Seller or to the provider’s account on the GoPay payment gateway.
    6. In the case of payment by cash on delivery where the ordered goods are not collected, the Seller is authorized to demand advance payment of all shipping charges by bank transfer or by electronic payment via the GoPay payment gateway ahead of re-shipping. All information associated with the payment of shipping charges shall be sent to the Buyer at his express request for re-shipping.
    7. The Seller is authorized to request payment of the purchase price prior to shipping the goods to the Buyer, particularly in cases where the Buyer has failed to subsequently confirm the Order (clause 3.8). The provisions listed under § 2119 paragraph 1 of the Civil Code shall not apply.
    8. Potential discounts offered by the Seller to the Buyer on the purchase price of the goods cannot be combined.
    9. If it be the common custom for business relationships or if it be laid down by common legally binding regulations, the Seller shall issue the Buyer an invoice for all payments being conducted in accordance with the Sales Contract. The Seller is not registered as a value added tax (VAT) payer. The Seller shall issue the Buyer an invoice after the purchase price for the goods ordered has been paid and send this invoice electronically to Buyer’s Electronic Mail Address.
  5. WARRANTY
    1. The Buyer may file a warranty claim by sending an email to the following email address: orders@freecircle.cz. The Buyer is required to state the reason for filing the warranty claim (damaged garment, unsatisfactory quality of the goods, etc.) and the Order number. The Buyer shall wait for the Seller’s reply, which shall not exceed 3 working days, and on being requested to do so by Seller, shall send the respective goods to the Seller to the following business address: Free Circle s.r.o., Václavské náměstí 837/11, 110 00 Praha 1, Czech Republic.
    2. A warranty claim regarding any item specifications that have been previously declared by the Seller and with which the Buyer was acquainted through the Seller’s website shall not be considered valid. This excludes cases where the item in question fails to meet these previously declared specifications.
    3. The period for processing warranty claims is 10 working days. The Seller shall inform the Buyer electronically by means of electronic mail about the result of his warranty claim within these 10 working days. If the warranty claim is confirmed by the Seller as valid, the Seller shall send the Buyer an identical item in the respective quantity without extra charge.
  6. WITHDRAWAL FROM THE SALES CONTRACT
    1. The Buyer hereby undertakes to note that, in accordance with the provisions listed under § 1837 of the Civil Code, it is not possible to withdraw from a sales contract, inter alia, under the following circumstances:
      1. Where the prices of the delivered goods change according to financial market deviations that arise independently of the Seller’s will and that may occur during the withdrawal period,
      2. Where the delivered goods have been modified for the Buyer personally or at the express wish of the Buyer,
      3. Where the delivered goods are perishable or subject to rapid deterioration, and equally so where the goods have been irreversibly mixed with other goods upon delivery,
      4. Where the delivered goods have been removed from sealed packaging by the Buyer and cannot be returned for reasons of health and hygiene,
      5. In the case of video and audio recordings or computer software, if their original packaging has been damaged,
      6. In the case of newspapers, periodicals and magazines,
      7. In the case of digital content, unless supplied on a tangible medium, that has been supplied at the express consent of the Buyer prior to the expiry of the withdrawal period and provided that the Seller has informed the Buyer prior to the conclusion of the Sales Contract that the Buyer shall not be entitled to withdraw from the Sales Contract in such a case.
    2. Apart from the cases listed under clause 6.1 and other cases where it is not possible to withdraw from the Sales Contract, the Buyer is entitled to withdraw from the Sales Contract in accordance with the provisions listed under § 1829 paragraph 1 of the Civil Code within fourteen (14) days of the date of receipt of the goods. Where one Sales Contract has been concluded for several items or where delivery is scheduled into multiple shipments, this withdrawal period shall commence on the date of receipt of the last shipment. A withdrawal statement must be sent to the Seller within the time period indicated in the preceding sentence.
    3. The Buyer shall send the withdrawal statement to the Seller’s registered office or business address. The provisions listed under clause 12 of these Terms and Conditions shall apply to the delivery process of the withdrawal statement.
    4. Where withdrawal from the Sales Contract occurs in accordance with clause 6.2 of these Terms and Conditions, the Sales Contract shall be deemed terminated in its entirety. All goods must be returned to the Seller within fourteen (14) days of withdrawal from the Sales Contract. Where it is the Buyer who is withdrawing from the Sales Contract, the Buyer shall also be held responsible for covering all costs associated with the return of the goods to the Seller, including cases where the goods cannot be returned by reason of their nature by standard post.
    5. Where withdrawal from the Sales Contract occurs in accordance with clause 6.2 of these Terms and Conditions, the Seller shall return all relevant funds paid by the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Sales Contract and in the same manner by which these funds were initially received by the Seller. The Seller is hereby entitled to return all relevant funds paid by the Buyer directly upon the Buyer’s return of the goods. The Seller is also entitled to return these funds to the Buyer by other means on condition that the Buyer provides his express consent and provided that no further costs are incurred for the Buyer. Where it is the Buyer who is withdrawing from the Sales Contract, the Seller is not obliged to return all relevant funds paid by the Buyer before receiving the returned goods from the Buyer or before the Buyer provides proof that he has sent the goods back to the Seller.
    6. The Seller is hereby authorized to claim any charges or compensation for damage incurred to the goods and set these off against the Buyer’s entitlement to the reimbursement of the purchase price.
    7. The Seller is authorized to withdraw from the Sales Contract at any point prior to the Buyer’s receipt of the goods. In such a case, the Seller shall reimburse the purchase price without undue delay by method of electronic payment to the bank account indicated by the Buyer.
    8. Where a gift is being given to the Buyer jointly with the ordered goods, a gift contract comes into effect between the Seller and the Buyer containing a cancellation clause stating that where withdrawal from the Sales Contract occurs by the Buyer, the gift contract shall cease to apply and the Buyer shall be obliged to return the ordered goods and the gift to the Seller.
  7. TRANSPORT AND DELIVERY OF GOODS
    1. Where the method of delivery is arranged upon special request of the Buyer, all risk and all possible additional charges associated with this method of delivery shall be transferred to the Buyer.
    2. Where the Seller is obliged, as following from the Sales Contract, to deliver the ordered goods to the place specified by the Buyer in the Order, the Buyer shall in turn be obliged to accept the goods upon their delivery.
    3. Where re-shipping or shipping by means other than those specified in the Order are necessary for reasons attributable to the Buyer, the Buyer shall be obliged to pay all expenses associated with the re-shipping of the goods or, as the case may be, all expenses associated with shipping by other means.
    4. The Buyer hereby undertakes, upon receipt of the goods by the carrier, to check if any damage has been made to the packaging of the goods. In the case of any damage, the Buyer hereby undertakes to immediately inform the carrier. The Buyer has the right not to accept the parcel from the carrier if the damage to the packaging shows evident signs of unlawful tampering.
  8. DEFECTIVE PERFORMANCE
    1. The rights and obligations of the contractual parties in the case of defective performance are governed by the relevant general binding rules (particularly the provisions listed under § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
    2. The Seller hereby declares that all goods sent to the Buyer shall be free from any apparent defects upon their receipt by the Buyer. The Seller hereby further declares that, upon their receipt by the Buyer:
      1. The goods possess the qualities that the contractual parties have agreed on. Where this agreement has not been drawn, the Seller hereby declares that the goods possess such qualities as have been described by the Seller or manufacturer, or such as the Buyer was expecting in terms of the nature of the goods and on the basis of the advertising done in connection with the goods by the Seller or manufacturer,
      2. The goods are fit for the purposes indicated by the Seller, alternatively are fit for purposes for which goods of the same type are normally used,
      3. The goods comply in their quality and make with the standards of the mutually agreed sample or model in cases where the quality and make have been specially designated according to a mutually agreed sample or model,
      4. The goods have been delivered in the corresponding quantity, size or weight, and
      5. The standard of the goods satisfies all legal requirements.
    3. The provisions listed under clause 8.2 of these Terms and Conditions shall not apply to goods sold at a discount for reasons of defect or damage, to goods that have been subject to normal wear, to used defective goods with a corresponding level of use or deterioration that the goods possessed upon receipt by the Buyer, or where it so follows from the nature of the goods.
    4. If a defect appears within six months of receipt of the goods by the Buyer, the goods shall be considered as defective upon receipt.
    5. All claims in the case of defective performance are to be made at a registered office of the Seller at which it is possible, with view to the range of goods on offer, to accept such warranty claims or are to be made, as the case may be, at the business address of the Seller. The warranty claim shall be deemed filed at the moment the Seller receives the goods for which the warranty claim is being filed.
    6. Any further rights and obligations of the contractual parties associated with the Seller’s responsibility for defects on goods may be specified and amended in the Seller’s Return and Refund Policy.
  9. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
    1. The Buyer receives possession of the goods upon payment of the full purchase price of the goods.
    2. The Seller shall not in his relationship with the Buyer be bound by any codes of conduct as set forth under § 1826 paragraph 1 clause e) of the Civil Code.
    3. Out-of-court complaints made by consumers shall be settled by the Seller via the electronic address, info@freecircle.cz. The Buyer shall be informed about the outcome of the complaint procedure by electronic mail sent by the Seller to the Buyer’s Electronic Mail Address.
    4. The Seller is authorized to sell goods based on a trade license. Business inspections are carried out by the relevant trade licensing office. The Czech Data Protection Authority carries out supervision over the protection of personal data. The Czech Trade Inspection Authority carries out supervision within the defined scope of, inter alia, compliance with law number    634/1992 Sb. on consumer protection, as amended.
    5. All risk associated with changed circumstances according to § 1765 paragraph 2 of the Civil Code is hereby transferred to the Buyer.
  10. PROTECTION OF PERSONAL DATA
    1. Protection of personal data of the Buyer, who is a natural person, is secured according to law number 101/2000 Sb. on the protection of personal data, as amended.
    2. The Buyer hereby agrees with the processing of the following personal details: name and surname, address of residence, identification number, VAT identification number, electronic mail address, telephone number (all jointly hereinafter “Personal Details”).
    3. The Buyer hereby agrees with the processing of his Personal Details by the Seller towards the fulfilment of all rights and obligations proceeding from the Sales Contract and towards the operation of the Buyer’s User Account. Unless the Buyer chooses otherwise, the Buyer hereby agrees with the processing of his Personal Details for the purposes of being sent information and commercial communications. Full agreement with the processing of Personal Details according to this clause shall not be deemed a condition which could in itself prevent the conclusion of the Sales Contract.
    4. The Buyer hereby undertakes to note that he is obliged to provide all Personal Details (on registration, in the Buyer’s User Account, on carrying out an Order from the Online Store Interface) correctly and truthfully, and is also obliged to inform the Seller without undue delay of any changes to his personal details.
    5. The Seller is hereby entitled to authorize third persons in the processing of Personal Details. With the exception of persons shipping and delivering the ordered goods, the Seller hereby declares that he shall not disclose any Personal Details to third persons without prior consent of the Buyer.
    6. All Personal Details shall be processed during a period of indefinite duration. All Personal Details shall be processed electronically by automatic means or by non-automated method in paper form.
    7. The Buyer hereby declares that all Personal Details provided are accurate and that he has been acquainted with the fact that this is a voluntary disclosure of his Personal Details.
    8. Should the situation arise that the Buyer believes that the Seller or processor (clause 10.5) has been processing his Personal Details in a manner contrary to the protection of the Buyer’s private or personal life or in a manner contrary to the law, particularly where the Personal Details are inaccurate with regard to the purposes of their processing, the Buyer is hereby entitled to:
      1. Request an explanation from the Seller or processor,
      2. Request the Seller or processer to eliminate the reached state of affairs.
    9. If the Buyer requests information about the processing of his Personal Details, the Seller is hereby obliged to provide the Buyer with this information. The Seller is entitled to demand appropriate remuneration for providing this information, in accordance with the preceding sentence, but that remuneration shall not exceed the necessary costs associated with providing this information.
  11. COMMERCIAL COMMUNICATIONS AND USE OF COOKIES
    1. The Buyer hereby agrees to being sent information associated with the relevant goods, services or business of the Seller to the Buyer’s Electronic Mail Address. The Buyer also hereby agrees to being sent commercial communications by the Seller to the Buyer’s Electronic Mail Address.
    2. The Buyer hereby agrees to the use and storing of cookies on his computer. Where it is possible to make a purchase and fulfil all obligations proceeding from the Sales Contract as set forth by the Seller without the storing of cookies on the Buyer’s computer, the Buyer has the right to withdraw his consent, given according to the preceding sentence, at any time.
  12. DELIVERY
    1. All notifications regarding the relationship between the Seller and the Buyer, particularly that of withdrawal from the Sales Contract, must be delivered by registered post, unless otherwise specified in the Sales Contract. All notifications shall be delivered to the relevant contact address of the other party and shall be deemed delivered and effective from the moment of receipt by post, with the exception of notifications of withdrawal from the Sales Contract conducted by the Buyer, where withdrawal shall be deemed effective upon the Buyer’s sending of the notification to the Seller within the indicated withdrawal period.
    2. All notifications that the recipient has refused to accept upon their delivery, that the recipient has not collected during the retention period or that have been returned to the Seller as undeliverable shall be deemed delivered.
    3. The contractual parties are hereby entitled to send standard correspondence to each other by means of electronic mail to the Buyer’s Electronic Mail Address indicated in the Buyer’s User Account or to the electronic mail address indicated by the Buyer in the Order, or to the electronic mail address of the Seller as indicated on the Seller’s Website, respectively.
  13. FINAL PROVISIONS
    1. If a relationship established by the Sales Contract contains an international (foreign) element, the parties hereby agree that this relationship shall be governed by the legal order of the Czech Republic. This does not affect the rights and obligations of the consumer proceeding from generally applicable law.
    2. If any of the provisions listed under these Terms and Conditions are or should become invalid or ineffective, the invalid or ineffective provisions shall be replaced by provisions that come closest to expressing the intention of these invalid or ineffective provisions. The invalidity or ineffectiveness of a provision shall not affect the validity of other provisions. Amendments and additions to the Sales Contract or these Terms and Conditions shall always be made in writing.
    3. The Sales Contract, including these Terms and Conditions, shall be archived electronically by the Seller and shall not be accessible.
    4. A sample form for withdrawal from the Sales Contract is attached to these Terms and Conditions.
    5. The contact details of the Seller are as follows: delivery address - Free Circle s.r.o., Václavské náměstí 837/11,110 00 Praha 1, Czech Republic; electronic mail address - info@freecircle.cz

 

Prague, 30 March 2016