Terms and Conditions
These terms and conditions apply to purchases in the online store www.towelu.com operated by VitalDeli, spol. s r. o., ID: 07063652, with its registered office at Prosecká 855/68, 190 00 Prague 9, entered in the Commercial Register by the Municipal Court in Prague, insert C, section 294010 (hereinafter referred to as the "seller"). These terms and conditions further define and specify the rights and obligations of the seller and buyers, including buyers who are in the sense of § 419 of Act No. 89/2012 Coll., The Civil Code, as amended, a consumer (hereinafter "consumer"). The buyer is a consumer or entrepreneur (hereinafter collectively referred to as the"buyer").
A consumeris a natural person who, when concluding and fulfilling a purchase contract with the seller, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession.
Legal relations between the seller and the consumer not explicitly regulated by these conditions are governed by the relevant provisions of Act no. No. 89/2012 Coll., Civil Code and Act. No. 634/1992 Coll., on consumer protection, both in the valid and effective wording, as well as related regulations.
CONCLUSION OF THE PURCHASE AGREEMENT
The contract is concluded by means of distance communication, via an internet system operated on the seller's web portal under the trade name https://www.towelu.com.
The proposal for concluding a purchase contract (offer) is every single option that the configurator located on the seller's website allows the buyer to create the final form of the ordered goods (hereinafter "order"). The purchase contract is created by sending the final order to the seller, the subject of which is the ordered goods, and by delivering a confirmation from the seller to the buyer that he has accepted and processed the order.
By completing and sending the order to the seller, the buyer confirms that he has read the complaint procedure and these terms and conditions and that he agrees with them.
TRANSFER OF THE RISK OF DAMAGE TO THE GOODS AND ACQUISITION OF OWNERSHIP
By taking over the purchased goods, the buyer acquires ownership of the purchased goods. If the seller is to send the purchased goods, he hands over the goods to the buyer by handing them over to the first carrier for transport for the buyer and allows the buyer to exercise the rights under the contract of carriage against the carrier. This applies if the carrier has been selected by the consumer. However, if the transport offered by the seller was used for the transport of the purchased goods, the goods are handed over at the moment when the buyer receives the goods from the carrier. By taking over the goods, the risk of damage to the purchased goods passes to the buyer.
The buyer can take over the purchased goods in person at the address Proseká 855/68, Prague 9. In other cases, the seller will deliver the purchased goods via the Czech Post, DPD, Zásilkovna, or DHL, services to the address specified by the buyer. The seller reserves the right to change carriers or expand the number of carriers or modes of transport.
If the buyer takes over the purchased goods in person and the purchase price was paid before the day of taking over the goods, the buyer acknowledges that he is obliged to prove to the seller with an identity document (ID card, passport). If the buyer does not prove his identity, the seller is not obliged to hand over the purchased goods to the buyer.
In the event that the buyer is a legal entity, the purchased goods will be handed over only to the statutory body of the legal entity or to the person who submits a proper power of attorney to take over the goods.
The buyer is obliged to check the condition of the shipment immediately upon delivery (number of packages, integrity of the package, etc.). The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract by the fact that the shipment is, for example, incomplete or damaged. In case of damage to the shipment, the damage must be described in the carrier's protocol.
Incomplete or damaged shipment must be reported to the seller immediately, via email to email@example.com.
The buyer is obliged to inspect the purchased goods without undue delay after the goods have been handed over to the buyer.
The place of delivery of goods is the delivery address stated by the buyer in the order.
The transport of goods is charged according to the valid price list of the transport company published on the web address of the transport price list. In addition to payment of the purchase price of the ordered goods, the buyer is obliged to pay the seller the costs associated with transporting the ordered goods to the destination, if in this case it is agreed that the seller is obliged to deliver the ordered goods to the buyer. In the event that the buyer does not take over the delivered goods from the carrier, he is obliged to reimburse the seller for all associated costs.
The buyer is obliged to pay the purchase price of the goods in one of the following ways:
a) by bank transfer;
b) by payment card.
The purchased goods will be handed over to the carrier or buyer after payment of the full purchase price, no later than 14 days from payment of the purchase price.
The tax document is due in 14 days.
According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer and at the same time is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
Payment methods can be changed by the seller.
WITHDRAWAL FROM THE PURCHASE AGREEMENT BY THE SELLER, THE RIGHT TO CHANGE THE PRICE
The seller reserves the right to withdraw from the purchase contract or part thereof in cases where the selected goods are no longer produced or delivered, and the price of the supplier of the goods has changed significantly. In these cases, the buyer will be contacted immediately and a further procedure will be agreed with him. If the buyer has already paid the purchase price, it will be returned to him in the agreed manner.
The seller reserves the right to change prices. Valid prices are confirmed to the buyer at the time of order confirmation. The goods are delivered to the buyer at the price valid at the time of receipt of the order by the seller. If the price is higher than the price stated in the order, the seller immediately informs the buyer, who can accept the new price or reject the delivery. If the buyer rejects the increased price of the goods, the purchase contract will not be concluded.
WITHDRAWAL FROM THE PURCHASE AGREEMENT BY THE BUYER
The buyer has the right to withdraw in cases stipulated by Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "CC").
Given that the goods that are the subject of the contract are modified according to the buyer's request, the seller hereby informs the buyer that if the buyer is a consumer, he has no right to withdraw from the purchase contract within 14 days with reference to § 1837 of the CC.
PROTECTION OF PERSONAL DATA
Information about buyers is stored in accordance with applicable laws of the Czech Republic, in particular Act. No. 101/2000 Coll., on the protection of personal data, as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. By checking the link on the web portal https://www.towelu.com/, the Buyer agrees to the processing and collection of his personal data for the marketing purpose of the Seller in its database, until his written expression of disagreement with this processing (hereinafter "consent").
If the buyer does not provide the seller with the consent of the seller will independently process the identification data of the buyer specified in the contract, or contact information, as well as information related to the subject of the contract (eg identification of goods or services, method of payment, including payment information such as bank account number, which the payment was made, etc.), and only for the purpose of fulfilling the purchase contract and its legal obligations, for the time strictly necessary.
In the event that the buyer within the order independently agrees to the use of his personal data for marketing purposes of the seller (sending newsletters), the seller is based on § 7 paragraph 3 of Act No. 480/2004 Coll., Certain information society services, as amended subsequent regulations, is entitled to use the personal data of the buyer, especially the email address, to disseminate commercial communications concerning his own products or services similar to those already provided to the buyer. The seller is also entitled to process personal data in the range of name, surname and address for the purpose of offering trade and services. In both cases, it is possible to do so until the expression of disagreement on the part of the buyer.
The Buyer has the right to access his personal data, the right to correct them, including other legal rights to this data defined in the Principles of Personal Data Processing available here for personal data. Personal data can be removed from the database based on a written request from the buyer. Buyers' personal data is fully secured against misuse. The seller does not pass on the personal data of the buyers to any other person. The seller will pass on the buyer's personal data to other entities only if they have a legal reason for access to the data (law enforcement authorities, other supervisory authorities with a legal authority to access information) or if it is necessary to protect his rights (court ). The Seller shall also transfer the Buyer's personal data to an external carrier and payment system operators to whom the Buyer's personal data are transferred to the minimum extent necessary for the delivery of the goods.
EXTRAORDINARY RESOLUTION OF A CONSUMER DISPUTE
All disputes between the parties arising from or in connection with the purchase contract will be resolved primarily by mutual agreement without undue delay. If the purchase contract was concluded by a buyer who is a consumer, the buyer may, in accordance with Act. No. 634/1992 Coll., on consumer protection, as amended, to resolve disputes concerning goods out of court through the Czech Trade Inspection Authority www.coi.cz or to resolve a dispute online via a dedicated ODR platform. More information on out-of-court dispute resolution can be found here. Before proceeding with an out-of-court settlement of the dispute, then the seller recommends that the buyer first use the seller's contact to resolve the situation.
These terms and conditions are effective from 2 January 2020.