Terms and conditions

General terms and conditions for purchases in this online store

Article I.

INTRODUCTORY PROVISIONS

1.1. These general business conditions apply to ordering goods in the online store www.radmila-mesicova.cz, operated by
Radmila Měsícová, Alubra s.r.o. Čsl. Armády 941/56, 794 01 Krnov
Company ID:
IČ: 26855798 DIČ: CZ26855798

1.2. The General Terms and Conditions specify the rights and obligations of the operator Radmila Měsícová (hereinafter referred to as the “operator”) and the buyer, which may be an individual or legal entity, namely an entrepreneur or a consumer (hereinafter collectively also a “customer”). The contact address is Radmila Měsícová, Žižkova 24, Krnov 794 01. Central office: Alubra s.r.o., Čsl. armády 941/56, 794 01 Krnov.

1.3. The person responsible for the operation of the online store is Radmila Měsícová.

1.4. The operator can be contacted by e-mail: info@radmila-mesicova.cz, which will be answered no later than 5 working days following the delivery of the e-mail message.

1.5. By the phone at phone number: +420 773 515 113, on working days listed in the contacts. The legal relationship established by the purchase contract concluded through the online store www.radmila-mesicova.cz between Radmila Měsícová and the customer is governed by these general terms and conditions for purchases in this online store and the relevant provisions of Act No. 89/2012 Coll., The Civil Code, as amended.

1.6. If the customer is a consumer, the provisions of § 1810 et seq. shall also apply to the legal relationship established by the purchase contract concluded through the online store www.radmila-mesicova.cz. Act No. 89/2012 Coll., Civil Code, as amended.

Article II.

PRICES AND GOODS

2.1. The operator of the online store www.radmila-mesicova.cz (hereinafter referred to as the “operator”) is a VAT payer.

2.2. All prices listed on the website of the online store www.radmila-mesicova.cz (hereinafter referred to as the “store or eshop”) are listed including VAT.

2.3. We use the currency CZK (Czech crown) on our website.

2.4. The operator and the customer may agree to provide a deposit by the buyer to the seller in the agreed amount.

2.5. In the event that for any reason the goods for which the deposit was provided are not delivered, the operator undertakes to return the deposit to the buyer within 14 days from the date of withdrawal of the contracting party from the purchase contract.

2.6. Against the buyer’s right to a refund, the operator is entitled to set off its claims arising from the purchase contract for the buyer, in particular the right to severance pays, the right to payment of a contractual penalty, damages and interest on arrears.

Article III.

ORDERING GOODS

3.1. The goods will be delivered to the buyer at the price valid at the time of ordering.

3.2. The buying consumer has the opportunity to get acquainted with the total price including VAT and all other fees (PHE, etc.) before placing the order.

3.3. This price will be stated in the order and in the message confirming the receipt of the order of goods.

3.4. The buying consumer has the opportunity to get acquainted with the fact before placing the order, for how long the offer or price remains valid.

3.5. In the case of special goods to order or goods that are not in stock, the operator will confirm the price and delivery date to the buyer in advance by phone / e-mail. The operator is entitled to change the price of the goods before the acceptance of the offer by the consumer due to the current market situation and depending on the development of the CZK exchange rate against foreign currencies. If the buyer does not agree with such a change, he does not accept the offer and it is not implemented.

3.6. The special prices of individual products are valid until the specified date or until stocks run out. As soon as such goods are sold out, the operator notifies the customer of the situation. An alternative replacement is then agreed with the customer or the order is canceled. By sending an order for selected goods, the customer confirms the binding nature of his order and consent to these General Terms and Conditions for purchases in this online store.

3.7. If the customer refuses to take over the already sent goods, he is obliged to reimburse the seller for the costs of transport and delivery of the goods.

3.8. After sending the order, the customer will see information about the inclusion of his order in the e-shop ordering system, the customer has the option to print the order.
3.9. If the customer fills the email address correctly when placing the order, a copy of the order will be delivered to him as a confirmation of entering the order into the e-shop ordering system.

3.10. If the information of sending the order is not displayed or a copy of the order is not delivered to the entered email address, contact the operator as soon as possible.

3.11. The operator reserves the right to reject the order within 3 working days of receiving it.

3.12. In the case of a request to send an advance invoice, it is necessary to contact the invoicing department via email info@radmila-mesicova.cz.

3.13. Pay close attention to filling out information in your order to avoid billing errors.

3.14. Any later corrections to the already issued invoice are possible (not claim), but no later than the 10th day of the month following the date of issue of the invoice, after prior consultation with the accounting department.

3.15. In case of any ambiguity, the seller, resp. his representative or his employee, has the right to contact the customer through the contact information provided by him, and therefore it is in the customer’s interest to enter this information truthfully and conscientiously.

Article IV

GOODS WARRANTY

4.1. The operator provides a quality guarantee for the object of purchase to the buyer, who is a consumer, for a period of 24 months from the receipt of the goods by the buyer. If the manufacturer of the goods provides a warranty longer than 24 months, the warranty period specified by the manufacturer applies, if it is stated as the warranty period by the seller on the website www.radmila-mesicova.cz.

4.2. If the buyer is not a consumer, the operator provides a warranty on the object of purchase, only in cases and to the extent of the warranty provided on the object of purchase by the manufacturer.

4.3. With the quality guarantee, the operator undertakes that the item will be fit for use for the usual purpose during the warranty period (warranty period) or that it will retain its usual properties.

4.4. The warranty period starts from the date of receipt of the goods by the buyer.

4.5. The operator is not liable for defects and damage to the object of purchase caused by an external event, unprofessional intervention of the buyer or a third party or the use or maintenance of the object of purchase contrary to the instructions for use or maintenance instructions. The operator is also not responsible for wear and tear of the object of purchase caused by normal use.

4.6. The operator is not liable for defect (s)

a. the object of purchase sold at a lower price, if a lower price was agreed for this defect (s),

b. consisting in the wear and tear of the object of purchase caused by its normal use,

c. the appropriate degree of use or wear and tear of the second-hand item of purchase that the item of purchase had when taken over by the buyer; or

d. if it follows from the nature of the subject of purchase.

4.7. When filing a complaint, we recommend submitting a tax document to prove the purchase of the claimed goods.

4.8. The refund period for complaints is 14 days from the date of issue of the credit note. If the customer cancels an order that was paid in advance to the account, the refund period is 14 days.

4.9. The purchase document serves as a guarantee certificate. In case of a complaint, contact us via the form on the website, email info@radmila-mesicova.cz, or call +420 773 981 111.
Send the claimed goods to us at
Radmila Měsícová
Žižkova 24, Krnov, 794 01, Czech Republic.

4.10. You can download the complaint form here: Complaint Form
The complete Complaints Procedure can be downloaded here Complaints Procedure

4.11. The customer or the recipient of the goods is obliged to check the integrity of the packaging and whether the shipment shows obvious signs of damage. In his own interest, he should check the correctness of the delivered goods and, in the event of discrepancies in the receipt of the consignment, draw up a report with the driver on the violation of the package. In the event of damage or other irregularities, the customer is obliged to contact the e-shop operator immediately.

4.13. We declare that the products in the store meet the requirements of the relevant harmonized standards ČSN / EN and possibly other normative regulations.

4.14. In the event of a consumer dispute between us and the consumer arising from a purchase contract or a contract for the provision of services which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to a designated out-of-court consumer dispute resolution body which is,

Czech trade inspection
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2

Email: adr@coi.cz
Web: adr.coi.cz

4.15. The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

Article V.

RIGHT TO WITHDRAW FROM THE CONTRACT

5.1. The consumer has the right to withdraw from the purchase contract without giving a reason within 14 days from the day following the day on which the consumer or a third party designated by the consumer (other than the carrier) takes over the goods.

5.2. For the purposes of exercising the right to withdraw from the purchase contract, the consumer must inform the operator of his withdrawal from the purchase contract in the form of a unilateral legal action (eg by letter sent through the postal service provider, fax, e-mail). The consumer can use the attached sample form to withdraw from the purchase contract, but it is not his responsibility.

5.3. The consumer is also entitled to fill in electronically and send the form for withdrawal from the contract, which is available on the operator’s website www.radmila-mesicova.cz or any other unambiguous statement. You can download the sample form here. If the consumer makes use of this option, the operator shall immediately send him an acknowledgment of receipt of this notice of withdrawal.

5.4. In order to comply with the deadline for withdrawal from this contract, it is sufficient to send the withdrawal from the purchase contract before the expiration of the relevant period.

5.5. If the consumer withdraws from the purchase contract, the operator will return the payment within 14 days from the date of receipt of the returned goods or dispatch of the goods by the consumer, if the consumer proves that he sent the goods back, whichever occurs first.

5.6. Under the conditions of Article 5.5, the Operator will return all payments received from the consumer, including delivery costs (except for additional costs incurred as a result of the method of delivery chosen by the consumer, which is different from the cheapest standard delivery offered by the seller).

5.7. For refunds, the operator shall use the same means of payment used by the consumer to carry out the initial transaction, unless the consumer expressly states otherwise. In no case will this incur additional costs for the consumer.

5.8. The goods will be sent back or handed over to the consumer at the address Radmila Měsícová, Žižkova 24, Krnov, 794 01, Czech Republic, without undue delay, no later than within 14 days from the date of withdrawal from the purchase contract. The time limit shall be deemed to have been observed if the consumer returns the goods before the expiry of the 14 days.

5.9. If the goods cannot, by their nature, be returned by ordinary mail, the consumer shall bear the direct costs of returning the goods.

5.10. The consumer is only responsible for the reduction in the value of the goods as a result of handling the goods in a manner other than that which is necessary to become acquainted with the nature and characteristics of the goods, including their functionality.

5.11. The buyer has the rights according to Article V. only if he is a consumer in the sense of Act No. 89/2012 Coll., The Civil Code, as amended. Buyers who act in the course of their business or entrepreneurial activities do not have these rights.

Article VI.

PROTECTION OF PERSONAL DATA

6.1. Customer information is processed and stored in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations.

6.2. Without the express consent of customers, the operator handles their personal data only and exclusively to the extent permitted by the Personal Data Protection Act, in particular in Paragraph 5 Section 2 Letter b and Paragraph 5 Section 6 of the Act.

6.3. Personal data of customers are fully protected against abuse. Individual contracts are archived by the operator after their conclusion, in electronic form and are accessible only to the e-shop operator.

6.4. Personal data can be deleted from our database based on a written request from the customer.

Article VII.

COPYRIGHT PROTECTION

7.1. All information published on the e-shop www.radmila-mesicova.cz is protected by copyright. The products and services listed on the e-shop may be protected by intellectual property rights.

7.2. Any part of the e-shop www.radmila-mesicova.cz may not be copied electronically or mechanically and made available to other persons without the prior written consent of the copyright holder. Exceptions are files and texts intended for printing.

Article VIII.

OPERATOR ‘S LIABILITY FOR DEFECTS AND COMPLAINTS

The conditions of the operator’s liability for defects in the goods / subject of purchase are governed by the Complaints Procedure located on the operator’s website www.radmila-mesicova.cz.

Article IX.

NOTICE

9.1. The e-shop operator reserves the right to change or modify it at any time and without prior notice (pictures, parameters, texts, prices, etc.). The pictures are taken from the manufacturer and are for informational purposes only, the operator does not guarantee their accuracy.

9.2. Technical specifications are subject to change without notice. Despite our best efforts to ensure the most accurate and up-to-date description and technical parameters of the products, we cannot guarantee that the data and data provided correspond to reality. All manufacturers reserve the right to change certain parameters or features without prior notice, if you need assurance about certain product parameters, do not hesitate to contact us. Subsequent claims for parameters and properties are an unnecessary complication for both parties and cannot be accepted.

9.3. The operator of the e-shop reserves the right to change the price of goods in the order, in the event of an obvious error or typo in the price. In this case, the customer is informed and if he does not agree with the proposal, the order will be canceled by agreement.

9.4. At the same time, the operator is not liable for technical specifications and descriptions of goods, which may be taken over from suppliers, manufacturers and may contain deviations.

9.5. The operator reserves the right to change or supplement the terms and conditions.

9.6. If you do not wish the information to be sent to you, please reply to the e-mail with “DO NOT SEND” in the subject line.

9.7. If the customer does not take over the ordered goods, he is obliged to pay the freight.

9.8. These business conditions are valid from July 15, 2020.

9.9. These terms and conditions are valid as stated on the operator’s website, on the day of concluding the purchase contract.

The full text of the business conditions for download:
– Business conditions 15.07.2020