General Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR E-SHOP>
valid and effective from 1. 1. 2023
I. INTRODUCTORY PROVISIONS
1.1 The online store www.perdonahome.cz (hereinafter referred to as the “online store”) is operated by the company Perdona!Home sro, identification number 072 60 466, with its registered office at Rybná 716/24, 110 00 Prague 1, Czech Republic, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 297919 (hereinafter referred to as the “Seller” or “Operator”).
1.2 Contacts: e-mail: eshop@perdonahome.com.
1.3 These general terms and conditions (hereinafter referred to as the "GTC" or "Terms and Conditions") govern the mutual rights and obligations of the contracting parties arising from the purchase contract concluded between the seller and the buyer via the online store (hereinafter referred to as the "Purchase Contract").
1.4 The GTC are an integral part of the purchase contract. Legal relations between the seller and the buyer not expressly regulated by these terms and conditions are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended.
1.5 The legal relations between the seller and the consumer are also governed by the law
No. 634/1992 Coll., on consumer protection, as amended.
1.6 The purchase contract and terms and conditions are drawn up in the Czech language.
II. DEFINITION OF BASIC TERMS
2.1 The seller is the trading company Perdona!Home sro
2.2 A buyer is any visitor to the online store, regardless of whether they are acting as a consumer.
or as a businessman.
2.3 A consumer is a natural person who, when concluding and performing the contract, does not act within the scope of
your business or other entrepreneurial activity.
2.4 An entrepreneur is a buyer who is not a consumer. An entrepreneur is also considered to be any person who concludes contracts related to his own commercial, production or similar activity or
in the independent performance of their profession, or a person acting in the name or on behalf of an entrepreneur.
2.5 The goods are the goods presented in the e-shop www.perdonahome.com.
III. CONCLUSION OF THE PURCHASE CONTRACT AND PAYMENT TERMS
3.1 The prices of goods in the online store may change continuously. The stated price of goods is valid at the time of sending the order.
3.2 The offer of goods within the online store is a presentation of the offered
and the goods sold and is not in itself a proposal to conclude a purchase contract.
3.3 A proposal to conclude a purchase contract between the buyer and the seller is only a duly completed order from the buyer. By sending the order, the buyer confirms that he has read these terms and conditions and agrees with them in their entirety.
3.4 The moment of conclusion of the purchase contract is the confirmation email that the seller sends to the buyer to the email address specified in the order.
3.5 The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
3.6 No consumer rights can be applied to gifts that are provided completely free of charge. Such goods meet the conditions of the Gift Agreement and all standards according to the applicable legislation of the Czech Republic.
3.7 The Buyer can pay for the goods using the following payment methods: by credit card via a payment gateway, by bank transfer after completing the order or via PayPal.
3.8 When choosing to pay by credit card online, the buyer will be redirected to a third-party payment server after completing the order, where they will fill in the necessary payment details. After verifying their validity, the order will be confirmed to the buyer and the purchase price of the goods will be deducted from their account.
3.9 When choosing payment by bank transfer, the buyer will pay the price of the order to the seller's bank account before it is processed, i.e. the goods will be sent to the buyer only after the purchase price has been credited to the seller's account. To process the order, it is necessary to make a payment under the variable symbol, which the buyer will receive upon completion of the order. In the case of payment for the goods by bank transfer, the purchase price is considered to have been paid on the day when the relevant amount is credited to the seller's account.
3.10 When choosing to pay via PayPal, the buyer will be redirected to a third-party server after completing the order, where they will be asked to log in to their account. After verification of validity and sufficient account balance, the order will be confirmed and the purchase price will be deducted from the buyer's account.
IV. RIGHTS AND OBLIGATIONS OF THE SELLER AND BUYER
4.1 The Seller is obliged to deliver the ordered goods to the Buyer at the agreed purchase price.
4.2 The buyer is obliged to pay the purchase price and take over the goods.
4.3 In the event of a breach of the terms of the purchase contract or the terms and conditions of business by the buyer, the seller reserves the right to withdraw from the purchase contract. Unless otherwise provided by law, the buyer is obliged to pay the seller all costs associated with his order, in particular the costs of sending the goods if the buyer does not take delivery of them.
4.4 The Buyer is obliged to provide correct and truthful information, especially when ordering goods. The information necessary for concluding a purchase contract provided by the Buyer is considered correct by the Seller.
4.5 All communications from the Seller may be delivered to the Buyer at the electronic address specified in his user account or specified by the Buyer in the order.
V. GIFT VOUCHERS AND DISCOUNT CODES
5.1 When placing an order, the Buyer may enter the codes contained in the purchased gift vouchers and discount codes provided by the Seller in accordance with their rules. Unless expressly stated otherwise by the Seller, discount codes cannot be combined with each other and cannot be used to purchase additional vouchers.
5.2 In the event of withdrawal from the purchase contract for any reason or any other reasonable return of goods purchased by the buyer to the seller based on a discount code, the buyer is entitled to a refund of the amount actually paid for the purchase of the goods. The seller is not obliged to issue a new discount code. In the case of a gift voucher, the buyer is refunded the amount actually paid and the value of the voucher.
5.3 If a gift voucher or discount code has a limited validity period, the Buyer is entitled to use it only before its expiry. The Seller does not provide money or any other form of compensation for the unused value of the gift voucher or discount code.
5.4 A gift certificate or discount code cannot be exchanged for money. If the buyer purchases the goods for a price lower than the value of the gift certificate or discount code, he is not entitled to a refund of the value of the gift certificate or discount code.
5.5 In the event that a gift voucher or discount code is used in violation of the Seller's rules for the use of specific gift vouchers and discount codes, the Seller has the right to refuse the gift voucher or discount code used in this way and withdraw from the concluded purchase contract. In the event that there are any ambiguities in the interpretation of the rules, their interpretation determined by the Seller shall apply.
VI. DELIVERY OF GOODS
6.1 The Seller undertakes to send the goods to the Buyer as soon as possible, usually within ten (10) days, at the latest within the statutory deadline, i.e. within thirty (30) days from the date of conclusion of the purchase contract. In the case of payment by credit card via the Internet via a payment gateway, by bank transfer or via PayPal, the Operator will send the goods only after the payment has been credited to the Buyer's bank account.
6.2 The goods are sent via Czech Post, DPD or Zásilkovna. The packaging and postage are charged to the buyer by the seller according to the shipping services chosen by him, always calculated in the order summary and included in the total invoice value.
6.3 The Seller is not liable for damages caused by delays in the shipment or delivery of goods for any reason.
6.4 The buyer acquires ownership of the purchased goods upon taking them over. The risk of damage to the goods also passes to the buyer upon taking over the goods.
6.5 The delivery includes a proof of purchase of the goods, which states the date of sale, the description of the goods, the purchase price, including the price for the delivery of the goods and the seller's identification data.
6.6 When accepting 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 damage to the packaging is found indicating unauthorized entry into the shipment, the buyer is recommended not to accept the shipment from the carrier and to fill out a record of damage to the shipment. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.
6.7 If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with
with repeated delivery of goods, or costs associated with a different method of delivery.
VII. WITHDRAWAL FROM THE PURCHASE CONTRACT
7.1 The consumer has the right, pursuant to the provisions of Section 1829 et seq. of the Civil Code, to withdraw from the contract without giving a reason within fourteen (14) days from receipt of the goods for which the purchase contract was concluded using means of distance communication (online store, email, telephone).
7.2 If the consumer wishes to withdraw from the contract within fourteen (14) days of receipt of the goods, in accordance with the previous paragraph, he/she shall send the seller a notice of withdrawal from the contract stating his/her name, surname, order number, refund account number, and numerical code of the returned goods to the seller's electronic address eshop@perdonahome.com or in writing to the address of the seller's registered office: Perdona!Home sro, Rybná 716/24, 110 00 Prague 1.
7.3 If the consumer withdraws from the contract without giving a reason, he is obliged to return the goods to the seller without undue delay at his own expense, but no later than fourteen (14) days from the withdrawal from the contract, to the seller's address: Perdona!Home sro, Rybná 716/24, 110 00 Prague 1.
7.4 In the event of exercising the right to withdraw from the contract without giving a reason within fourteen (14) days of the conclusion of the contract, the consumer must return to the seller (or supplier) everything he has acquired under the purchase contract. If this is no longer possible (e.g. the goods have been destroyed in the meantime), the consumer must provide monetary compensation as a countervalue for what can no longer be returned. If the returned goods are only partially damaged, the seller may exercise the right to compensation for damages against the consumer and offset his claim to the refunded purchase price. In such a case, the seller is obliged to prove the damage incurred. In such a case, the seller shall return to the consumer only the purchase price thus reduced.
7.5 The consumer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, he cannot withdraw from the purchase contract in the cases specified here, especially in the case of the delivery of goods that have been modified according to the buyer's wishes or for his person (e.g. personalized goods, goods tailored to the customer, etc.) and goods in sealed packaging that the buyer has removed from the packaging and cannot be returned for hygiene reasons (e.g. sheets, blankets, etc.).
7.6 The consumer acknowledges that if the goods returned to the seller are damaged, worn out or customized, the seller is entitled to compensation for the damage incurred. The seller is entitled to unilaterally offset the claim for compensation for the damage incurred against the consumer's claim for a refund of the purchase price.
7.7 The Seller shall return to the Consumer all funds received in the same manner (as received) without undue delay, but no later than fourteen (14) days from the date of withdrawal from the contract, including the costs of delivery, which the Seller has accepted from the Consumer under the purchase contract. The Seller shall return to the Consumer any funds received in another manner only if the Consumer has agreed to this and if this does not incur additional costs.
7.8 The seller is not obliged, pursuant to the provisions of Section 1832, paragraph 4 of the Civil Code, to return the received funds to the consumer before the consumer hands over the goods to him or proves that he has sent the goods to the seller.
7.9 In the event that the goods cannot be returned by regular mail due to their nature, the Buyer has the right to a refund only in the amount corresponding to the postage costs in the amount corresponding to the cheapest method of delivery of the goods offered by the Seller.
7.10 If the buyer withdraws from the purchase contract without authorization and nevertheless sends the goods to the seller, the goods will not be accepted, or will be sent back at the buyer's expense and, in the event of a proven return of an undeliverable shipment, destroyed by the seller without the buyer's right to a refund of the purchase price, to which the buyer hereby agrees.
7.11 If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods, to which the buyer hereby agrees.
VIII. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE SELLER
8.1 If the seller is unable to deliver the ordered goods under the conditions agreed in the purchase contract, he reserves the right to withdraw from the purchase contract in such cases and the buyer hereby agrees to this procedure for such exceptional cases.
8.2 The Seller also has the right to withdraw from the purchase contract if there have been significant changes in the prices of the supplier of the ordered goods, if there have been significant changes in the prices of the transport of the goods, or if the Seller discovers that the goods were mistakenly offered at an incorrect price and the Buyer has not accepted the relevant change to the purchase contract, i.e. an increase in the price of the goods or an increase in the costs of transport, and the Buyer hereby agrees to this procedure for such cases.
8.3 The Buyer acknowledges that the Seller is entitled to withdraw from the purchase contract concluded with the Buyer, or not to conclude a contract with such Buyer at all, if the Buyer has materially breached any of his obligations in any of the previous contractual relationships with the Seller. A material breach of a previous contractual relationship is considered, for the purposes of withdrawal from the contract, to be conduct within the meaning of Section 2002(2) of the Civil Code.
8.4 If the Seller withdraws from the purchase contract, he is obliged to immediately inform the Buyer at the email address provided by the Buyer when placing the order. He is also obliged to refund the Buyer the full purchase price of the goods, if it has already been paid, or reduced in accordance with these Terms and Conditions.
IX. RIGHTS FROM DEFECTIVE PERFORMANCE
9.1 The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, the provisions of Sections 2099 to 2117 and the provisions of Sections 2161 to 2174 of the Civil Code) and the Consumer Protection Act.
9.2 The consumer is entitled to exercise the right to a defect that occurs in consumer goods within the legally prescribed period, i.e. twenty-four (24) months from the date of receipt (hereinafter referred to as the “warranty period”). For a contracting party that is a legal or natural person doing business, the seller provides a warranty period of six (6) months.
9.3 The buyer does not have the right to claim for defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself or a third party other than the seller caused it through no fault of his.
9.4 If a defect becomes apparent within six (6) months of receipt, the goods are deemed to have been defective at the time of receipt; after the expiry of this six (6) month period, the buyer must prove his claim that the defect already existed at the time of receipt.
9.5 The warranty period begins upon receipt of the goods by the consumer. The warranty period is extended by the period during which the goods were under warranty repair. The warranty applies to defects in the goods, it does not apply to products after their service life has expired or to wear and tear due to use. Depending on the nature of the defect, the consumer has the right to:
(a) if the defect is removable, to have the defect removed free of charge, properly and promptly. If this is not possible, the right to replace the defective goods or defective parts. If this is not possible, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract;
(b) in the case of remediable defects occurring in large numbers at once (3 or more) or repeatedly (at least 3 times) and preventing the proper use of the goods, the right to exchange the defective goods. If exchange is not possible, the consumer has the right to withdraw from the purchase contract;
(c) if the defect is irremovable and prevents the proper use of the goods, the right to exchange the defective goods. If exchange is not possible, the consumer has the right to withdraw from the purchase contract;
(d) if the goods sold at a lower price (at a discount) have a defect for which the seller is responsible, the consumer has the right to a reasonable discount instead of the right to exchange the goods.
9.6 When making a complaint about a defect, the buyer is obliged to prove the conclusion of the purchase contract, in particular to submit a confirmation of purchase (invoice with the order number made by means of distance communication).
9.7 The deadline for settling a complaint, including the removal of the defect, is thirty (30) days from the date of filing the complaint. The Seller is entitled to agree with the Consumer to extend this deadline. In the event that the maximum deadline for settling a complaint is exceeded, the Consumer is entitled to exchange the goods for new ones. If exchange is not possible, he has the right to withdraw from the purchase contract.
9.8 The consumer has the right to make a complaint about the shipment, i.e. damage or other irregularities during transportation and delivery, immediately after receipt from the carrier and notify the seller without delay.
9.9 In the event of a complaint, the consumer has the right to reimbursement of the necessary costs incurred in connection with the complaint (shipping, postage, etc. in the necessary amount), the entrepreneur always pays the transportation costs in full.
9.10 Procedure for making a complaint about goods ordered in the e-shop:
(a) the buyer is obliged to inform the seller about the complaint by email: eshop@perdonahome.com;
(b) then send a shipment with a copy of the purchase confirmation to the address of the seller's registered office: Perdona!Home sro, Rybná 716/24, 110 00 Prague 1. In the interest of quick processing, the seller recommends that the buyer send the goods by registered mail with a copy of the purchase receipt, a specification of the defect and a proposal for the desired method of handling the complaint;
(c) the seller does not accept the claimed goods sent on delivery;
(d) the seller recommends that the buyer insure the goods being shipped;
(e) the seller will return the funds to the consumer in the agreed manner (usually to a bank account)
(f) If the buyer does not collect the claimed goods within the period set by the seller, the seller is entitled to charge a storage fee of 10 CZK / 1 day or sell the goods on the buyer's account. The operator must notify the buyer of this procedure in advance and provide him with a reasonable additional period to take over the goods.
X. PROTECTION OF PERSONAL DATA
10.1 The Seller (hereinafter referred to as the "personal data controller" or "controller") stores and processes personal data in accordance with EU Regulation No. 2016/679 (hereinafter referred to as the "GDPR") and Act No. 110/2019 Coll. on the processing of personal data, as amended.
10.2 The Administrator collects personal data from consumers and users (hereinafter referred to as the "data subject") of the e-shop www.perdonahome.com in several ways - when ordering in the e-shop or when registering to receive commercial communications (newsletter). This includes in particular name, surname, billing and delivery address, telephone and e-mail contact.
10.3 The Administrator undertakes that personal data about customers and users will not be sold to third parties, in particular they will not be provided to other entities for the purpose of sending third-party advertising materials.
10.4 The Administrator does not intend to transfer personal data to a third country (a country outside the EU) or an international organization.
10.5 The Administrator stores and processes personal data for the following purposes:
(a) for the processing of the order and the exercise of rights and obligations arising from the contractual relationship between the data subject and the controller. When placing an order, personal data necessary for the successful processing of the order (name, address, telephone or e-mail contact) are required;
(b) to send you commercial communications (newsletters) regarding similar products and services. You can easily unsubscribe by clicking “Unsubscribe” at the bottom of the email newsletter or replying to the email stating “do not send”;
(c) for marketing purposes based on consent;
10.6 The lawful reason for the processing of personal data by the controller is:
(a) performance of the contract between the buyer and the seller. After this reason has expired, it is the fulfillment of a legal obligation (e.g. based on the Accounting Act, the Archiving Act, etc.);
(b) the legitimate interest of the seller in sending commercial communications to customers regarding similar products and services;
(c) your consent to sending commercial communications and processing for marketing purposes in the event that no order for goods or services has been made pursuant to Article 6(1)(a) of the GDPR in conjunction with the provisions of Section 7(2) of Act No. 480/2004 Coll., on certain information society services;
(d) the legitimate interest of the seller in sending commercial communications to customers regarding the determination of the customer's satisfaction with the fulfillment of his order and purchase contract with the aim of improving the quality of services.
10.7 The administrator does not make automatic individual decisions.
10.8 Perdona!Home sro stores personal data for the period necessary to exercise the rights and obligations arising from the contractual relationship between the buyer and the seller, to exercise claims from these contractual relationships (e.g. complaints within the warranty period) and to fulfill legal obligations (e.g. archiving accounting documents according to the VAT Act); for a period of fifteen (15) years from the conclusion of the last purchase contract.
10.9 If personal data is processed based on consent for marketing purposes, then for the period until consent is withdrawn, but for a maximum period of five (5) years.
10.10 After the expiry of the personal data retention period, the administrator will delete the personal data.
10.11 Under the conditions set out in the GDPR, the data subject has the right to:
(a) to access your personal data;
(b) to correct personal data or restrict processing;
(c) to delete personal data;
(d) object to processing;
(e) data portability. We will provide the data electronically in xls or txt format;
(f) withdraw consent to processing;
(g) file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.
10.12 We will ensure the rights of data subjects from the previous point based on a written request to the e-mail address eshop@perdonahome.com or to the address of the company's registered office.
10.13 Perdona!Home sro undertakes that your personal data will not be disclosed to third parties, with the exception of verified subcontractors, so-called personal data processors, who provide services on the basis of a contract. You can find a list of our processors in the Personal Data Protection document.
10.14 In order to improve our services, our website uses cookies. Cookies are small files that store information in your browser. These files identify specific information from previous visits to the website.
10.15 Some cookies may collect information that is subsequently used by third parties, for example to directly support our advertising activities (so-called “third-party cookies”).
10.16 The use of cookies can be set using your internet browser. Most browsers automatically accept cookies by default. You can completely disable cookies or allow the use of only some cookies using your web browser settings.
10.17 Please refer to the Privacy Policy for the full text.
XI. FINAL PROVISIONS
11.1 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
11.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.3 The Seller may amend or supplement the text of the GTC. The amended terms and conditions shall be effective on the date of their publication. The rights and obligations of the Seller and the Buyer arising before the date of entry into force of the new text of the terms and conditions shall not be affected by the amendment.
11.4 If a consumer dispute arises between the seller and the consumer, the consumer has the right to an out-of-court settlement. The subject of the out-of-court settlement pursuant to Act No. 634/1992 Coll., on Consumer Protection, is the Czech Trade Inspection Authority. All details of the out-of-court settlement are provided on the website of the Czech Trade Inspection Authority www.coi.cz.
