General Terms and Conditions

of business company CHAKRA ORIGINAL s.r.o.

main office:

Na Řadech 2

Blansko, 67801

Company registration number: 11726750

 

Bank account for payments in CZK:

Fio Bank: 260 202 6151/2010

 

Bank account for payments in EUR:

IBAN: CZ35 2010 0000 0024 0202 6173

BIC / SWIFT: FIOBCZPPXXX

 

Bank account for payments in USD:

IBAN: CZ76 2010 0000 0022 0202 6179

BIC / SWIFT: FIOBCZPPXXX

 

for the sale of goods through an online store located at the Internet address www.chakra.cz

 

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as ''terms and conditions”) of the business company CHAKRA ORIGINAL s.r.o, with its registered office at Na Řadech 2, 67801 Blansko, identification number: 11726750, (hereinafter referred to as the “seller”) are regulated in accordance with Article 1751 89/2012 Coll., Civil Code, as amended (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the “Buyer”) through the seller's online store. The internet shop is operated by the seller on the website located at the internet address www.chakra.cz. (the "Website") through the Website Interface (the "Store Web Interface").

1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.

1.3. Provisions deviating from the business conditions can be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

2. USER ACCOUNT

2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. 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 username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not entitled to allow the use of the user account by third parties.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates its obligations under the purchase agreement (including business conditions).

2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

 

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.

3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:

3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.6. 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).

3.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

3.8. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

 

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:

  • in cash at the seller's premises at Na Řadech 2, 678 01 Blansko;
  • in cash on delivery at the place specified by the buyer in the order;
  • cashless transfer to the seller's account.

4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 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 payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The tax document - an invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in the electronic form to the buyer's electronic address.

4.9. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

 

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer's wishes or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after the delivery, from the purchase contract for the supply of goods in sealed packaging, which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recording or computer program packaging.

5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code. ) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller's e-mail address chakra.original@gmail.com

5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.

5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

5.5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return given gift.

 

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of 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. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller if issued by the seller.

 

7. RIGHTS FROM DEFECTIVE PERFORMANCE

Chakra Original are real semi-precious stones and each is a handmade and processed original with all its individuality, unique structure, colour and particles inside, which are not defects, but a natural part of the mineral.

Country of origin of Asia.

 

7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).

7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the buyer or manufacturer, having regard to the nature of the goods and the advertising made by them,

7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

7.2.4. the goods are in the appropriate quantity, measure or weight; and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions of Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear the buyer or if it follows from the nature of the goods.

7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.

7.5. The rights arising from defective performance are exercised by the buyer at the seller's address where the complaint is possible with regard to the range of goods sold, or at the registered office or place of business.

7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

7.7. Complaint protocol template we send:

 

COMPLAINT REPORT

 

For erotic and intimate aids according to the rules of the European Union, the 14-day withdrawal period does not apply.

However, there are exceptions to this rule, which can be found in the Civil Code. Specifically, it is a provision of § 1837 letter. g) of the Civil Code, which states: "The consumer may not withdraw from the contract for the supply of goods in sealed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return." We respect the rule that we only take back what we would be willing to buy ourselves. Thank you for your understanding.

If you still request a complaint, then fill in all the points below and follow the complaint protocol properly.

 

 

1 / Name, address and variable order symbol

 

______________________________________________________________

 

2 / Date and time of receipt of the consignment, and who took over the consignment

 

______________________________________________________________

 

3 / Condition of the consignment (box) upon receipt, ie possible damage to the outer packaging

 

______________________________________________________________

 

4 / Condition of the inner package. Whether this package, the box and all the components were also undamaged.

 

______________________________________________________________

 

5 / Record a short video specifying the degree of damage. The video must be well taken in daylight. Send this by e-mail or via messenger.

 

______________________________________________________________

 

6 / The next step is the necessary telephone contact with us, where we will discuss everything important orally.

 

As soon as we have the necessary documents, the goods go through an evaluation of whether they are entitled to a complaint. Please note that we always take and shoot all orders with the appropriate invoice in order to prevent dishonesty on the part of the customer. We cannot respect the fact that the goods will fall to the ground after unpacking or if you damage them yourself. Keep in mind that you are buying fragile intimate goods that are handmade. Inclusions and minor deviations in the stones are normal and this is not acceptable in the complaint. If the surface is smooth, then everything is fine.

 

If you accept the package and want to claim a defect, then it is necessary to contact us IMMEDIATELY after unpacking, either by phone, e-mail or SMS. May we also be sure that the goods will not be treated in any way for the next few hours.

 

We want to assure you that before the package is sent, it undergoes a very careful inspection, is cleaned and packed very carefully.

 

Goods in action, or goods listed as quality II, are goods that already have a minor defect and are presented in this way. In this case, the claim cannot be accepted.

 

If the complaint is accepted, then it is necessary for you to return everything that was part of the package, including gifts that you do not receive from us in the package.

 

If you have paid by cash on delivery and the complaint is accepted, then you must wait until the carrier reimburses the amount received.

 

We do not return the goods, as well as all costs associated with sending a complaint, you pay yourself.

 

When purchasing the product, you agreed to the terms and conditions, so it is necessary that you realize this fact and respect the entire complaint procedure.

 

7.8. The Chakra Original e-shop is not a rental of goods and therefore it is unacceptable for our e-shop if you damage the purchased goods in any way after months of use and request a claim for the exchange of goods.

The goods you have purchased are documented just before packing and witnesses from our law firm are invited.

We act on the basis of negative experiences with a very small part of the so-called. customers who have lawfully requested an exchange.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

8.3. The handling of consumer complaints is provided by the seller via the electronic address chakra.original@gmail.com The seller will send information on the settlement of the buyer's complaint to the buyer's electronic address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.

8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

8.6. The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

 

9. PROTECTION OF PERSONAL DATA

9.1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiating this Agreement and for the purposes of fulfilling the Seller's public law obligations.

 

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer. The seller fulfils its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.

10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfil the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

10.3. We determine your satisfaction with your purchase via e-mail questionnaires within the Customer Verified program in which our e-shop is involved. We send them to you every time you buy from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some information society services, you will not refuse to send them. We process personal data for the purpose of sending questionnaires within the Verified Customer program on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor, which is the operator of the Heureka.cz portal, to send questionnaires, evaluate your feedback and analyze our market position; For this purpose, we may pass on information about the purchased goods and your e-mail address. Your personal data is not passed on to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires within the Customer Verified program at any time by rejecting other questionnaires using the link in the e-mail questionnaire. In case of your objection, we will not send you the questionnaire further.

 

11. DELIVERY

11.1. It can be delivered to the buyer to the buyer's email address.

11.2. A notification whose receipt was refused by the addressee, which was not collected during the storage period or which was returned as undeliverable is also considered delivered.

11.3. The contracting parties may deliver ordinary correspondence to each other by e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order, resp. to the address listed on the seller's website.

 

12. FINAL PROVISIONS

12.1. 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. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded by the provisions of the law which cannot be derogated from by contract and which would otherwise apply in the absence of a choice of law under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

12.4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.

12.5. Seller's contact details: delivery address CHAKRA ORIGINAL s.r.o., Na Řadech 2, 678 01 Blansko, e-mail address info@chakra.cz, phone +420 602 238 131

 

In Blansko on 15.08.2021

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