Terms and Conditions

Notice: This complaints policy is a general translation. In case of any disputes,
the Czech text available at https://www.cremonini.cz/terms-and-conditions/
and the relevant laws of the Czech Republic will prevail.

Valerie Cremonini
Company ID: 21780790
Headquarters:
Na Vyhlídce 1893/5, 251 01, Říčany,
Email: valerie@cremonini.cz
Phone: +420 724 076 146

I. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the business entity / company: Valerie Cremonini, operating under the trade name: Valerie Cremonini, with its registered office at Na Vyhlídce 1893/5, 251 01, Říčany - Czech Republic, identification number: 21780790 (hereinafter referred to as "Seller"), govern in accordance with § 1751 (1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase agreement (hereinafter referred to as "Purchase Agreement") concluded between the Seller and another natural or legal person (hereinafter referred to as "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at https://www.cremonini.cz/ (hereinafter referred to as "Website") via the interface of the Website (hereinafter referred to as "Online Store Interface").

1.2. Deviations from the Terms and Conditions may be agreed upon in the Purchase Agreement. Deviations in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.

1.3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may also be concluded in another language.

1.4. The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect rights and obligations that have arisen during the validity of the previous version of the Terms and Conditions.

II. USER ACCOUNT

2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as "User Account"). If the Online Store Interface allows, the Buyer may also place orders for goods without registration directly from the Online Store Interface.

2.2. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obligated to maintain confidentiality regarding the information necessary to access their User Account.

2.4. The Buyer is not entitled to allow third parties to use their User Account.

2.5. The Seller may cancel the User Account, especially if the Buyer does not use their User Account for more than 1 year (one year from the date of registration), or if the Buyer violates their obligations under the Purchase Agreement (including the Terms and Conditions).

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

III. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentations of goods placed on the Online Store Interface are for informational purposes and the Seller is not obligated to conclude a Purchase Agreement regarding such goods. The provision of § 1732 (2) of the Civil Code shall not apply.

3.2. The Online Store Interface contains information about the goods, including the prices of individual goods and the costs of returning goods if such goods cannot be returned by standard postal means. The prices of the goods are indicated including VAT and all related fees. The prices of the goods remain valid for the period during which they are displayed on the Online Store Interface. This provision does not limit the Seller's ability to conclude the Purchase Agreement under individually agreed conditions.

3.3. The Online Store Interface also contains information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods indicated on the Online Store Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer fills out the order form on the Online Store Interface. The order form includes, in particular, information about:

3.4.1. the ordered goods (the Buyer "adds" the ordered goods to the electronic shopping cart of the Online Store Interface), 3.4.2. the method of payment of the purchase price of the goods, details of the requested delivery method of the ordered goods, and 3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as "Order").

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify the details entered into the Order, including the possibility of the Buyer identifying and correcting errors made in entering data into the Order. The Order is sent to the Seller by clicking the "COMPLETE ORDER" button. The details provided in the Order are considered correct by the Seller. The Seller shall promptly confirm receipt of the Order to the Buyer by email to the Buyer's email address provided in the User Account or in the Order (hereinafter referred to as "Buyer's Email Address").

3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, expected shipping costs), to request additional confirmation of the Order from the Buyer (e.g., in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer arises from the delivery of the Order confirmation (acceptance), which is sent by the Seller to the Buyer via email to the Buyer's Email Address.

3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote communication means in connection with concluding the Purchase Agreement (costs for internet connection, phone calls) are borne by the Buyer, and these costs do not differ from basic rates.

IV. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement can be paid by the Buyer to the Seller in the following ways:

• in cash at the Seller's premises,
• in cash on delivery at the location specified by the Buyer in the Order;
• by bank transfer to the Seller's account (account provided by the Seller, hereinafter referred to as "Seller's Account");
• by electronic payment system (currently not applicable);
• by credit card (currently not applicable);
• through a loan provided by a third party.

(The goods will not be handed over or shipped until payment is made using any of the mentioned payment methods!).

4.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price is understood to include the costs associated with delivering the goods.

4.3. The Seller does not require an advance payment or similar prepayment from the Buyer. This does not affect the provisions of Article 4.1 and 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of electronic payment, the purchase price is due within 5 working days from the conclusion of the Purchase Agreement.

4.5. In the case of electronic payment, the Buyer is obliged to pay the purchase price of the goods along with specifying the variable symbol of the payment. In the case of electronic payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the Seller's Account.

4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require payment of the entire purchase price before sending the goods to the Buyer. The provision of § 2119 (1) of the Civil Code shall not apply.

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

4.8. If it is usual in business practice or if stipulated by legally binding regulations, the Seller will issue a tax document - invoice regarding payments made under the Purchase Agreement to the Buyer. The Seller is not a VAT payer. The tax document - invoice will be issued by the Seller to the Buyer after payment of the purchase price and sent in electronic form to the Buyer's Email Address.

4.9. According to the Act on the Registration of Sales, the Seller is obligated to issue a receipt to the Buyer. At the same time, the Seller is required to register the received sales with the tax administrator online; in the event of a technical failure, then no later than 48 hours.

V. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that under § 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the supply of goods that were customized according to the Buyer's wishes or for their personal use, for the supply of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery, for the supply of goods in sealed packaging that the consumer has removed from the packaging and for hygienic reasons cannot be returned, and for the supply of audio or video recordings or computer programs if the original packaging has been breached.

5.2. Except in the cases referred to in Article 5.1, the Buyer has the right to withdraw from the Purchase Agreement within 14 days from the date of receipt of the goods, or, if the Purchase Agreement includes several types of goods or delivery of several parts, from the date of receipt of the last delivery of the goods. The withdrawal period is considered to be observed if the notice of withdrawal is sent to the Seller within this period.

5.3. To withdraw from the Purchase Agreement, the Buyer must notify the Seller of their decision to withdraw from the Purchase Agreement by an unequivocal statement (e.g., a letter sent by mail or email). The Buyer may use the sample withdrawal form provided by the Seller, which is an annex to these Terms and Conditions. Withdrawal from the Purchase Agreement may be sent to the Seller's email address: valerie@cremonini.cz or to the Seller's address Na Vyhlídce 1893/5, 251 01, Říčany - Czech Republic.

5.4. In the event of withdrawal from the Purchase Agreement, the Buyer is obliged to return the goods to the Seller within 14 days from the date of withdrawal. The Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned by standard postal means.

5.5. In the event of withdrawal from the Purchase Agreement, the Seller shall return the received funds to the Buyer, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Buyer, which differs from the least expensive method of standard delivery offered by the Seller), without undue delay, but no later than 14 days from the date of withdrawal. The Seller shall return the funds using the same payment method that the Buyer used for the initial transaction unless the Buyer explicitly agrees to a different method of refund. The Buyer will not incur any additional costs as a result of the refund.

5.6. If the Buyer withdraws from the Purchase Agreement, the Seller is entitled to compensation for the decrease in the value of the goods resulting from handling the goods in a manner other than what is necessary to determine the nature, characteristics, and functionality of the goods.

5.7. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer has returned the goods or has provided proof that they have sent the goods to the Seller.

VI. TRANSPORT AND DELIVERY OF GOODS

6.1. If the mode of transport is agreed upon based on the Buyer's request, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the Seller is obliged to deliver the goods to the specified location based on the Purchase Agreement, the Buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the Order, the Buyer is obliged to pay the costs associated with such repeated delivery or different delivery.

6.4. 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. If the packaging is found to be breached, the Buyer does not have to accept the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport and delivery of goods may be governed by the Seller's special delivery conditions if they are issued by the Seller.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the parties regarding rights from defective performance are governed by relevant generally binding regulations (especially provisions of §§ 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code).

7.2. The Seller is liable to the Buyer that the goods have no defects at the time of receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

7.2.1. the goods have properties that the parties agreed upon, and in the absence of an agreement, have properties described by the Seller or expected by the Buyer with regard to the nature of the goods and their advertising, 7.2.2. the goods are suitable for the purpose that the Buyer indicates to the Seller, 7.2.3. the goods are delivered in the agreed quantity, measure, or weight, and 7.2.4. the goods comply with the requirements of legal regulations.

7.3. If a defect becomes apparent within 6 months from the receipt of the goods, it is assumed that the goods were defective at the time of receipt.

7.4. Rights from defective performance can be asserted by the Buyer by contacting the Seller (e.g., by sending an email to valerie@cremonini.cz).

7.5. The Buyer has the right to request the following from the Seller, depending on the nature of the defect:

7.5.1. the removal of the defect by delivering a new item without defects or by delivering the missing item, 7.5.2. the removal of the defect by repairing the item, 7.5.3. a reasonable discount on the purchase price, or 7.5.4. withdrawing from the Purchase Agreement.

7.6. If the Seller fails to remove the defect within a reasonable time or the defect cannot be removed, the Buyer is entitled to withdraw from the Purchase Agreement. The Buyer may also withdraw from the Purchase Agreement if the defect is substantial and has not been removed within a reasonable time or if the defect recurs.

7.7. In the case of goods that were not purchased at a discount for the purpose of defect correction or as goods with a defect, the Buyer is entitled to a discount on the purchase price or to withdraw from the Purchase Agreement if the goods have a defect that has not been removed or is not capable of being removed.

7.8. If the Buyer asserts the right from defective performance within the first 12 months from the receipt of the goods, the Seller is obliged to remove the defect free of charge, including all related costs, including transportation costs. After this period, the Buyer bears the costs associated with the removal of defects, unless the Seller agrees otherwise.

7.9. If the Buyer claims the removal of defects, including repair or replacement of the goods, this right does not include unreasonable costs. The right to free repair or replacement includes the repair of the goods, including the repair of their components. If the Seller does not remove the defect within a reasonable time or if the removal of the defect is not possible, the Buyer is entitled to withdraw from the Purchase Agreement.

7.10. If the Buyer chooses the right to remove the defect, the Seller must repair or replace the goods within a reasonable time and in a manner that suits the Buyer. If a defect appears in goods that have been used, the Seller may opt for repair without the need for replacement.

7.11. If the defect is not removed within a reasonable time or if the defect persists, the Buyer has the right to withdraw from the Purchase Agreement.

These terms come into effect on August 25, 2024.