TERMS AND CONDITIONS
Business Terms and Conditions
- These General Business Terms and Conditions (hereinafter referred to as “Business Terms”) have been issued in accordance with Section 1751 et seq. of the Czech Act No 89/2012 Coll., Civil Code (hereinafter referred to as “Civil Code”)
- Aylla shoes s.r.o.
- Company ID No: 06690530
- VAT Reg. No: CZ06690530
- having its registered office at: Jiráskova 29, Pardubice 53002
- registered at the Regional Court in Hradec Králové, file number C 40828
- contact details:
- email: email@example.com
- phone no: +420 703 144 482
- web: www.aylla.cz
(hereinafter referred to as “Seller”)
- These Business Terms regulate mutual rights and obligations of the Seller and a natural person who concludes a purchase contract as a consumer outside its business activity (hereinafter referred to as “Buyer”) via the web interface located at the website available at www.aylla.cz (hereinafter referred to as “E-shop”).
- The provisions of the Business Terms are an integral part of the purchase contract. Any deviating provisions that are part of the purchase contract shall prevail over the provisions of these Business Terms.
- These Business Terms and the purchase contract are concluded in the Czech language. If the Buyer needs to have the contract translated into a foreign language, it shall apply that the interpretation of the contract in the Czech language shall be decisive in the event of a dispute about the interpretation of terms.
II Information on Goods and Prices
- Information on goods including prices of the individual products and the main properties thereof is indicated with the individual products in the E-shop catalogue. The prices of the goods already include the value added tax and all related charges. The price of transport is set depending on the type of transport chosen by the Buyer and is added to the price of the goods. If the Buyer is a consumer, the costs of returning the goods shall be borne by the Seller unless the goods cannot be returned by a usual mailing method due to their nature. In other cases, the Buyer shall bear the cost of returning the goods. The prices of the goods remain valid for the whole time they are displayed in the E-shop. This provision shall be without prejudice to negotiating the purchase contract under individually agreed terms and conditions.
- The entire presentation of the goods available in the E-shop catalogue is indicative, and the Seller shall not be obliged to conclude the purchase contract for such goods.
- Information on the costs associated with the packaging and delivery of the goods is published in the E-shop.
- It is not possible to combine any discounts on the purchase price of the goods unless the Seller and the Buyer agree otherwise.
III Purchase Order and Purchase Contract Conclusion
- The Buyer shall bear all the costs that he/she incurs when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls). Such costs do not differ from the basic rate.
- The Buyer shall order the goods in the following manners:
- Via the Buyer´s customer account if he/she has previously registered in the E-shop;
- Without registration by filling in the order form in the E-shop.
- When placing a purchase order, the Buyer chooses the goods, the number of items, the method of payment and delivery.
- Before sending the purchase order, the Buyer is allowed to check and change the data he/she has entered in the purchase order. The Buyer sends the purchase order to the Seller by clicking on the send order button. The information provided in the purchase order is considered correct by the Seller. The validity of the purchase order is subject to the completion of all mandatory data in the order form and the Buyer’s confirmation that he/she has become familiar with these Business Terms as well as with the Terms and Conditions of Personal Data Protection.
- Immediately after receiving the purchase order, the Seller shall send to the Buyer a confirmation of the purchase order delivery to the email address provided by the Buyer when placing the purchase order. This confirmation is automatic and shall be considered the conclusion of the purchase contract.
- Should the Seller be unable to meet any of the requirements indicated in the purchase order, it shall send to the Buyer a modified offer to his/her email address. The modified offer shall be considered a new draft purchase contract, and the purchase contract shall be considered concluded once the Buyer confirms the acceptance of this offer to the Seller to its email address indicated herein.
- If there is an obvious technical error on the part of the Seller when indicating the price of the goods in the E-shop or during the ordering process, the Seller shall not be obliged to deliver the goods to the Buyer for such obviously erroneous price even if the Buyer has received an automatic confirmation of delivery of the purchase order under the Business Terms. The Seller shall inform the Buyer of the error without undue delay and send a modified offer to the Buyer's email address. The modified offer shall be considered a new draft purchase contract, and in such an event, the purchase contract shall be considered concluded upon the Buyer’s confirmation of acceptance sent to the Seller’s email address.
IV Customer Account
- Based on the Buyer´s registration in the E-shop, the Buyer can access his/her customer account. The Buyer can order goods from the customer account. The Buyer can also order goods without registration.
- When registering in a customer account and when ordering goods, the Buyer is obliged to provide correct and true information. Should the data entered in the customer account change, the Buyer shall be obliged to update them. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
- Access to the customer account is secured with a user name and password. The Buyer is obliged not to disclose the information necessary to access his/her customer account. The Seller shall not be held liable for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, especially if the Buyer has not logged in his/her user account for more than 1 year or if the Buyer has breached the obligations under the purchase contract or the Business Terms.
- The Buyer understands and acknowledges that the user account may not be available constantly, especially with regard to necessary maintenance of the Seller’s or third party’s hardware and software.
V Payment Terms and Delivery of Goods
- The Buyer can pay the price of the goods and any other costs associated to the goods delivery according to the purchase contract as follows:
- Where a domestic payment in Czech crowns is concerned, by wire transfer to the Seller’s bank account No. 5236346369/0800, with Česká Spořitelna;
- Where a foreign payment in euros is concerned, by wire transfer to the Seller’s bank account No. 301282320/0300, IBAN CZ4103000000000301282320 with ČSOB;
- In a cashless manner by a payment card via the GoPay payment gateway where a domestic payment in Czech crowns is concerned, into the Seller’s bank account No. 5236346369/0800 with Česká Spořitelna;
- In a cashless manner by a payment card via the GoPay payment gateway where a foreign payment in euros is concerned, to the Seller’s bank account No. 301282320/0300, IBAN CZ4103000000000301282320 with ČSOB2.
- In addition to the purchase price, the Buyer is obliged to pay to the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall be regarded as including the costs associated to the goods delivery.
- The purchase price is payable within 14 days of the purchase contract conclusion, but always before the Seller sends the goods to the Buyer. The Buyer understands and acknowledges that the Seller will send the goods within 5 business days of payment of the purchase price in full. If the Buyer fails to pay the purchase price within 14 days of the purchase contract conclusion, the Seller shall be entitled to withdraw from the purchase contract.
- If the purchase price is paid via the payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
- The Buyer’s obligation to pay the purchase price shall be considered fulfilled once the relevant amount is credited to the Seller's bank account.
- The Seller does not require a deposit or another similar payment from the Buyer in advance. Payment of the purchase price before the goods are sent shall not be considered an advance payment.
- According to the Czech Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. In addition, the Seller is obliged to register the received sales with the tax administrator online, or within 48 hours at the latest should there be a technical failure.
- The goods are delivered to the Buyer:
- To the address indicated by the Buyer in the purchase order;
- Via a pick-up shop to the address of the pick-up shop selected by the Buyer.
- The choice of the delivery method is made during the ordering process.
- The costs of the goods delivery depending on the method of shipment and receipt of the goods are specified in the Buyer’s purchase order and in the Seller’s order confirmation. In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with such method of transport.
- If the Seller is obliged under the purchase contract to deliver the goods to a place specified by the Buyer in the purchase order, the Buyer is obliged to take over the goods at the moment of their delivery. For reasons on the part of the Buyer, if the goods need to be delivered repeatedly or using a method different from the one indicated in the purchase order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or with the different method of delivery.
- When taking over the goods from the carrier, the Buyer is obliged to check whether the goods packaging is intact, and immediately notify the carrier if there are any defects. The Seller will not accept any later complaints about obvious defects. If the Buyer identifies that the packaging is not intact, which is a proof of unauthorised penetration into the consignment, the Buyer shall not be obliged to take over the consignment from the carrier.
If the Buyer collects the goods in person, he/she shall check the goods when taking them over and complain about any obvious defects to the Seller without undue delay. The Seller will not accept any later complaints about obvious defects.
- The Seller shall issue an invoice to the Buyer. The invoice is sent to the Buyer's email address.
- The Buyer acquires the ownership title to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods. The liability for accidental destruction, damage or loss of the goods passes onto the Buyer at the moment of taking over the goods or at the moment the Buyer is obliged to take over the goods but fails to do so in breach of the purchase contract.
VI Withdrawal from the Contract
- A Buyer who has entered into the purchase contract as a consumer outside his/her business activity is entitled to withdraw from the purchase contract.
- The withdrawal period is 14 days of the date of the goods receipt.
- of the day of the goods takeover
- In order to meet the withdrawal deadline, the Buyer must send the notice of withdrawal within the withdrawal period.
- To withdraw from the purchase contract, the Buyer can use the sample withdrawal form provided by the Seller. The Buyer shall send the notice of withdrawal from the purchase contract to the Seller’s email or mailing address specified herein. The Seller shall confirm the receipt of the form to the Buyer without undue delay.
- If the Buyer has withdrawn from the contract, he/she is obliged to return the goods to the Seller within 14 days of the withdrawal from the contract to the address of Wintrova 1313, Pardubice 530 03, or via Zásilkovna using the return code 98451525. The Buyer may use the online form for this purpose. Where the goods cannot be returned using a usual mailing method due to their nature, the Buyer shall pay the costs associated to returning the goods to the Seller.
- If the Buyer withdraws from the contract, the Seller shall pay back all the amount received from the Buyer including the delivery costs using the same method without undue delay, however no later than within 14 days of the withdrawal from the contract. The Seller will only pay back the amount received from the Buyer using a different method if the Buyer agrees to it and if no additional costs are incurred.
- If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall pay back to the Buyer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
- If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer delivers the goods back to the Seller or proves that he/she has sent the goods to the Seller.
- The Buyer must return the goods to the Seller in an undamaged, unworn, and clean condition and if possible in their original packaging. The Seller is entitled to unilaterally set off the entitlement to compensation for damage to the goods against the Buyer’s entitlement to returning of the purchase price.
- The Seller is entitled to withdraw from the purchase contract if it has run out of stock, if the goods are not available, or if the manufacturer, importer, or supplier of the goods has suspended the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the purchase order and shall return the entire amount, including delivery costs, received from the Buyer under the purchase contract within 14 days of sending to the Buyer the notice of withdrawal from the contract, and the Seller shall do so in the same manner or in the manner specified by the Buyer.
VII Rights Arising out of Defective Performance
- The Seller is responsible towards the Buyer for the fact that the goods are free from defects upon their receipt. In particular, the Seller is responsible towards the Buyer for the fact that at the moment the Buyer takes over the goods:
- The goods have the properties agreed between the parties and, where the parties made no such agreement, the goods have properties that the Seller or the manufacturer described and that the Buyer expected with regard to the nature of the goods and on the basis of the advertisement carried out by them;
- The goods are fit for the purpose indicated by the Seller that goods of such kind usually serve;
- The goods are in the appropriate quantity, measure, or weight and meet legal requirements.
- The Buyer is entitled to exercise the right based on a defect occurring in consumer goods within twenty-four months of the goods receipt.
- The provisions referred to in the preceding paragraph of the Business Terms shall not apply to goods sold at a lower price in the event of the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, where second-hand goods are concerned to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.
- In addition, the Buyer shall have no right based on defective performance if he/she knew before taking over the goods that the goods have a defect or if the defect was caused by the Buyer or someone else, especially by inappropriate using of the goods for purposes for which the goods are not intended or in breach of the Seller’s instructions for use and maintenance of the goods.
- If a defect occurs, the Buyer can lodge a complaint with the Seller and require:
- Replacement for new goods;
- Repair of the goods;
- An adequate discount on the purchase price;
- Withdrawal from the contract.
- The Buyer may only require replacement for new goods if it is not inappropriate with regard to the nature of the defect. If the defect concerns only a part of the goods, the Buyer can only demand replacement of that part; if this is not possible, the Buyer can withdraw from the contract. However, if this is inappropriate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer shall be entitled to have the defect removed free of charge.
- The Buyer shall be entitled to delivery of new goods or replacement of a part even if the defect is removable, if the goods cannot be used properly due to the recurrence of the defect after repair (usually the third complaint about the same defect or the fourth one about a different defect) or for a greater number of defects (usually at least three defects at the same time). In such an event, the Buyer is also entitled to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to have new goods delivered without defects, to have a part of the goods replaced or to have the goods repaired, the Buyer may demand a reasonable discount on the purchase price.
- The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods or repair them, or if the Seller fails to remedy the defect within a reasonable period of time or if the remedy causes considerable difficulties to the Buyer.
- When lodging a complaint, the Buyer is obliged to inform the Seller of the right he/she has chosen. The Buyer is only allowed to change the decision without the Seller’s consent only if he/she requested repair of the defect, and the repair proves to be irremovable. If the Buyer fails to exercise his/her right based on a major breach of the contract in due time, the Buyer shall have the same rights as if the breach of the contract was minor.
- If the Seller proves that the Buyer knew about the defect of the goods before taking them over or that the defect was caused by the Buyer, the Seller shall not be obliged to satisfy the Buyer’s entitlement.
- The Buyer is not allowed to complain about discounted goods for the reason for which the goods were discounted.
- The Seller is obliged to accept complaints at any facility where they can be accepted, or even at the registered office or place of business. The Seller is obliged to issue to the Buyer a written confirmation indicating when the Buyer exercised the right, what is the subject of the complaint, and what method of settlement the Buyer requires, as well as a confirmation of the date and method of the complaint settlement including confirmation of the repair and its duration, or if applicable, a written confirmation indicating the reasons for rejecting the complaint.
- The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complicated cases within three working days. This period of time does not include the time necessary for expert assessment of the defect according to the kind of the product or service. Complaints, including the defect removal, must be settled without undue delay, no later than 30 days of the complaint date unless the Seller and the Buyer agree on a longer period. If this period of time expires with no result, it shall be considered a major breach of the contract, and the Buyer shall be entitled to withdraw from the purchase contract. The moment of lodging a complaint shall be understood the moment that the Buyer expresses his/her will (exercises his/her right based on defective performance) to the Seller.
- The Seller shall inform the Buyer of the complaint result in writing.
- The Buyer shall not have the right based on defective performance if the Buyer knew before taking over the item that the item was defective or if the defect was caused by the Buyer.
- In the event of a legitimate complaint, the Buyer is entitled to compensation for reasonable costs incurred in connection with lodging the complaint. The Buyer may exercise this right with the Seller within one month of the expiry of the warranty period, otherwise the court may not recognize it.
- The rights and obligations of the contracting parties with respect to the rights based on defective performance are governed by Sections 1914 through 1925, 2099 through 2117, and 2161 through 2174 of the Czech Civil Code and by the Czech Act No 634/1992 Coll., on Consumer Protection.
- The contracting parties may deliver all written correspondence to each other by email.
- The Buyer shall deliver correspondence to the Seller to the email address specified herein. The Seller delivers correspondence to the Buyer to the email address specified in the Buyer’s customer account or in the purchase order.
IX Personal Data
X Out-of-Court Resolution of Disputes
- The competent authority for out-of-court settlement of consumer disputes arising from the purchase contract is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No: 000 20 869, website: https://adr.coi.cz/cs. 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.
- The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point under the 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 licence. Trade control is carried out by the competent trade licensing authority within the scope of its powers. The Czech Trade Inspection Authority supervises, among other things, compliance with the Czech Act No 634/1992 Coll., on Consumer Protection.
XI Final Provisions
- All agreements between the Seller and the Buyer are governed by the legislation 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 legislation of the Czech Republic, but maintaining the minimum standard of consumer protection under the legislation of the country in which the consumer resides. This shall be without prejudice to the consumer rights under generally binding legal regulations.
- All rights to the Seller's website, in particular the copyright 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 Seller’s consent.
- The Seller shall not be held liable for errors resulting from third party interference with the E-shop or from its use contrary to its intended use. When using the E-shop, the Buyer must not use any procedures that could affect its operation and must not perform any activity that could allow him/her or third parties to interfere with or use the software or other components of the E-shop in an unauthorised manner and use the E-shop or its parts or software in a manner that would be contrary to its purpose.
- The Buyer hereby assumes the liability for a change in the circumstances within the meaning of Section 1765(2) of the Czech Civil Code.
- The purchase contract, including the Business Terms, is archived by the Seller in the electronic form and is not accessible.
- The Seller is entitled to amend the Business Terms. This provision shall be without prejudice to the rights and obligations originating during the validity of the previous version of the Business Terms.
- A sample complaint form is enclosed to the Business Terms.
These Business Terms take effect on 02 December 2021.