1. These General Business Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued under Section 1751, et seq., of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
company identification No.: 07997604
with its registered office at: Valchařská 24/36, Brno 614 00, Czech Republic
kept at the Regional Court in Brno, File No. C 111330.
Phone No.: +420 703 488 889
(hereinafter referred to as the “Seller”)
2. These Terms and Conditions regulate the mutual rights and duties of the Seller and a natural person concluding a purchase agreement outside of his/her business activities as a consumer or as part of his/her business activities (hereinafter referred to as the “Purchaser”) through a web interface on the website www.motylum.cz (hereinafter referred to as the “Online Store“).
3. Provisions of the Terms and Conditions form an integral part of the purchase agreement. Divergent stipulations in the purchase agreement shall prevail over provisions of these Terms and Conditions.
4. These Terms and Conditions and the purchase agreement shall be concluded in the Czech language.
Information on goods and prices
1. Information on goods, including a specification of the prices of individual goods and their main properties, is stated in the catalogue of the Online Store for the individual goods. Prices of the goods are specified including value added tax and all related fees. The prices of the goods are valid for the period for which they are displayed in the Online Store. This provision does not exclude the negotiation of the purchase agreement under individually agreed conditions.
2. All presentations of goods in the catalogue of the Online Store are of an informative nature, and the Seller shall not be obliged to enter into a purchase agreement regarding such goods.
3. The Online Store provides information on the costs connected with the packaging and delivery of the goods.
4. Any purchase price discounts may not be combined, unless the Seller and the Purchaser agree otherwise.
Order and conclusion of the purchase agreement
1. Costs arising for the Purchaser when using remote communication means in connection with conclusion of the purchase agreement (costs of Internet connection and costs of phone calls) shall be paid by the Purchaser. These costs do not differ from the base rate.
2. The Purchaser places an order in the following manners:
- by means of his/her customer account, if he/she has registered in the Online Store,
- by completing of an order form without registration.
3. When placing the order, the Purchaser chooses the goods, quantity of goods, and means of payment and delivery.
4. Before sending of the order, the Purchaser is allowed to check and change data that he/she has entered in the order. The Purchaser shall send the order to the Seller by clicking on the Send Order button. Data stated in the order are considered correct by the Seller. The order is valid if all compulsory data are filled in in the order form and the Purchaser confirms that he/she acquainted himself/herself with these Terms and Conditions.
5. Immediately after the receipt of the order, the Seller shall send to the Purchaser a confirmation of receipt of the order to the e-mail address stated by the Purchaser when placing the order. This confirmation is automatic and is not considered as the conclusion of an agreement. The attachment to the confirmation comprises the current Terms and Conditions of the Seller. The purchase agreement is concluded after the acceptance of the order by the Seller. A notice of receipt of the order is delivered to the Purchaser’s e-mail address.
6. In the case that the Seller is not able to fulfill any of requirements stated in the order, it shall send a modified offer to the e-mail address of the Purchaser. The modified offer shall be considered as a new draft purchase agreement, and in such a case, the purchase agreement is concluded by the Purchaser’s confirmation of acceptance of such an offer to the Seller to its e-mail address stated herein.
7. All orders accepted by the Seller are binding. The purchaser may cancel his/her order, until the notice of acceptance of the order by the Seller is delivered to the Purchaser. The Purchaser may cancel the order over the phone or via e-mail on the phone number or at the e-mail address of the Seller stated in these Terms and Conditions.
8. If an evident technical failure to state the price of the goods in the Online Store or during the ordering process occurs on the part of the Seller, the Seller shall not be obliged to deliver to the Purchaser the goods for such an evidently erroneous price, not even in the case that an automatic confirmation of receipt of the order hereunder has been sent to the Purchaser. The Seller shall inform the Purchaser of the failure without undue delay and send the modified offer to the e-mail address of the Purchaser. The modified offer shall be considered as a new draft purchase agreement, and in such a case, the purchase agreement is concluded by the Purchaser’s confirmation of acceptance sent to the Seller’s e-mail address.
1. The Purchaser may access his/her customer account on the basis of his/her registration in the Online Store. The Purchaser may order the goods from his/her customer account. The Purchaser may also order the goods without registration.
2. When registering into the customer account and when ordering the goods, the Purchaser shall be obliged to ensure that all the data provided s correct and truthful. The Purchaser shall be obliged to update the data stated in the customer account in the case of any change. Data stated by the Purchaser in the customer account and when ordering the goods are considered correct by the Seller.
3. Access to the customer account is secured by a user name and password. The Purchaser shall be obliged to maintain secrecy with regard to information necessary for access to his/her customer account. The Seller shall not be liable for the possible misuse of the customer account by third parties.
4. The Purchaser shall not be entitled to enable third parties to use his/her customer account.
5. The Seller may cancel the user account in particular in the case that the Purchaser does not use his/her customer account for a long period of time or in the case that the Purchaser breaches his/her duties arising from the purchase agreement and these General Business Terms and Conditions .
6. The Purchaser takes into account that the user account may not be continuously available, in particular due to the necessary maintenance of the hardware and software equipment of the Seller or any necessary maintenance of the hardware and software equipment of third parties.
Payment terms and the delivery of goods
1. The Purchaser may pay the price of the goods and any costs connected with the delivery of the goods under the purchase agreement in the following manners:
- by payment card
2. The Purchaser shall be obliged to pay the costs connected with the packaging and delivery of the goods to the Seller at the agreed amount together with the purchase price. Unless expressly stated otherwise herein, the purchase price shall be deemed to include the costs connected with the delivery of the goods.
3. In the case of a payment in cash, the purchase price shall be mature upon the takeover of the goods. In the case of a non-cash payment, the purchase price shall be mature within 16 days from the conclusion of the purchase agreement.
4. In the case of payment by means of the payment gateway, the Purchaser shall proceed according to the instructions of the respective provider of electronic payment services.
5. In the case of a non-cash payment, the Purchaser’s obligation to pay the purchase price shall be fulfilled upon the crediting of the purchase price to the Seller’s bank account in the respective amount.
6. The Seller does not require any advance payment or other similar payment in advance from the Purchaser. The payment of the purchase price before sending of the goods is not an advance.
7. Under the Act on Registration of Sales, the Seller shall be obliged to issue a receipt to the Purchaser.
8. The goods shall be delivered to the Purchaser:
- to the address determined by the Purchaser in the order
- by means of the pick-up shop to the address of the pick-up shop determined by the Purchaser,
- by picking up the goods in the Seller’s shop
9. The type of delivery is selected when the goods are ordered.
10. The costs delivering the goods in dependence on type of sending and takeover of the goods are stated in the Purchaser’s order and in the confirmation of the order by the Seller. In the case that the type of transport is agreed on the basis of a special requirement of the Purchaser, the Purchaser shall bear the risk and any additional costs connected with the transport type.
11. If the Seller is obliged under the purchase agreement to deliver the goods to the place determined by the Purchaser in the order, the Purchaser shall be obliged to take over the goods upon their delivery. In the case that the goods must be delivered repeatedly or in a manner other than that mentioned in the order for reasons caused by the Purchaser, the Purchaser shall be obliged to pay the costs connected with the repeated delivery of the goods or the costs connected with another type of delivery.
12. When taking over the goods from the carrier, the Purchaser shall be obliged to check the intactness of the packaging of the goods, and in the case of any defects, it shall inform the carrier immediately. In the case that damage to the packaging indicating unauthorized entry into the consignment is found, the Purchaser does not have to take over the consignment from the carrier.
13. The Seller shall issue a tax document (invoice) to the Purchaser. The tax document shall be sent to the Purchaser’s e-mail address.
14. The Purchaser acquires an ownership right to the goods by payment of the whole purchase price of the goods, including delivery costs, but not before the takeover of the goods. Liability for accidental destruction of, damage to or loss of the goods is transferred to the Purchaser upon the takeover of the goods or at the moment when the Purchaser is obliged to take over the goods but fails to do so in cinflict with the purchase agreement.
Withdrawal from the agreement
1. A Purchaser who concludes a purchase agreement outside of his/her business activities as a consumer shall be entitled to withdraw from the purchase agreement.
2. The period for withdrawal from the agreement is 14 days
- from the day of takeover of the goods,
- from the day of takeover of the last delivery of the goods, if the subject matter of the agreement is several types of goods or the delivery of several parts
- from the day of takeover of the first delivery of the goods, if the subject matter of the agreement consists in a regular repeated delivery of goods.
3. The Purchaser may not, inter alia, withdraw from the purchase agreement:
- on the delivery of goods that were modified for the Purchaser or according to his/her wishes,
- in other cases stated in Section 1837 of the Civil Code.
4. To observe the period for withdrawal from the agreement, the Purchaser must send a statement of withdrawal within the period for withdrawal from the agreement.
5. The Purchaser may use a standard form for withdrawal from the agreement provided by the Seller to withdraw from the purchase agreement. The Purchaser shall send the withdrawal from the purchase agreement to the e-mail address or service address of the Seller stated in these Terms and Conditions. The Seller shall confirm the receipt of the form to the Purchaser without delay.
6. A Purchaser who has withdrawn from an agreement shall be obliged to return the goods to the Seller within 14 days from withdrawal from the agreement. The Purchaser shall bear the costs connected with returning the goods to the Seller, even in the case that the goods cannot be returned in the normal manner by post due to their nature.
7. If the Purchaser withdraws from the agreement, the Seller shall immediately return all finances, including delivery costs, received from the Purchaser to the Purchaser in the same manner in which they were received, no later than within 14 days from withdrawal from the agreement , . The Seller shall return the received finances to the Purchaser in another manner only if the Purchaser agrees with it and if it shall not incur further costs thereon.
8. If the Purchaser choses a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall return the costs of delivery to the Purchaser in the amount corresponding to the cheapest delivery method.
9. If the Purchaser withdraws from the purchase agreement, the Seller shall not be obliged to return the received finances to the Purchaser before the Purchaser hands over the goods to the Seller or proves that he/she sent the goods to the Seller.
10. The Purchaser must return the goods to the Seller in a clean condition, without any damage or wear and, if possible, in the original packaging. The Seller shall be entitled to unilaterally set off the right to compensation for damage to the goods against the Purchaser’s right to the repayment .of the purchase price.
11. The Seller shall be entitled to withdraw from the purchase agreement if the stocks are sold out, if the goods are unavailability or if the producer, importer or supplier interrupted the production or import of the goods. The Seller shall immediately inform the Purchaser through the e-mail address stated in the order and return all finances, including delivery costs, received from the Purchaser on the basis of the agreement within the period of 14 days from the notice of withdrawal from the purchase agreement and in the same manner in which they were received, or a manner determined by the Purchaser.
Rights arising from a defective performance
1. The Seller shall be liable to the Purchaser for ensuring that the goods have no defects upon takeover. The Seller shall be liable to the Purchaser in particular for ensuring the following at the moment when the Purchaser takes over the goods:
- that the goods have the properties agreed upon by the parties, and if there is no such agreement, the goods have properties described by the Seller or producer or as expected by the Purchaser with regard to the nature of the goods and on the basis of advertising carried out by them,
- that the goods are fit for the purpose stated by the Seller or for the purpose for which goods of that type are usually used,
- that the goods correspond to the quality or construction of the sample or model agreed upon , if a quality or construction according to a sample or model was agreed upon,
- that the goods are in delivered in corresponding quantity, scope or weight and
- that the goods comply with the requirements of legal regulations.
2. If a defect appears within six months after the takeover of the goods by the Purchaser, it shall be deemed that the goods were defective already during the takeover. The Purchaser shall be entitled to exercise the right from a defect of consumer goods within twenty four months from takeover. This provision shall not apply to goods sold for a lower price due to a defect for which a lower price was agreed upon, to wear and tear of the goods caused by its normal use, and in the case of used goods, to a defect corresponding to the use or wear and tear that the goods have before takeover by the Purchaser or arising from the nature of the goods. Partial loss of battery capacity is a normal result of usage and aging and is not considered a defect.
3. In the event of a defect, the Purchaser may submit a complaint to the Seller and require:
- the replacement for new goods,
- the repair of the goods,
- an adequate discount on the purchase price,
- withdrawal from the agreement.
4. The Purchaser shall be entitled to withdraw from the agreement,
- if the goods have a substantive defect,
- if the Purchaser cannot use the goods due to the repeated occurrence of a defect or defects after repair,
- if there are multiple defects.
5. The Seller shall be obliged to accept a complaint in any of its shops in which the acceptance of the complaint is possible. The Seller shall be obliged to provide the Purchaser with a written confirmation stating when the Purchaser exercised his/her right, what the content of the complaint is and what type of claim settlement the Purchaser requires, as well as confirmation of the date and type of settlement of the claim, including a confirmation of a repair and its duration or, as the case may be, written reasons for the rejection of the complaint.
6. The Seller or an employee authorized thereby shall decide on the complaint immediately, and in complicated cases, within three business days. This period does not include a reasonable period of time (according to the type of product or service) necessary for an expert consideration of the defect. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of its lodging, unless the Seller and the Purchaser agree on a longer period of time. The Seller’s failure to do so shall be considered a material breach of the agreement, and the Purchaser shall be entitled to withdraw from the purchase agreement. The moment at which the manifestation of the Purchaser’s will (exercise of right arising from a defective performance) is delivered to the Seller shall be deemed to be the moment of lodging the claim.
7. The Seller shall inform the Purchaser of the result of the complaint in writing.
8. The Purchaser shall have no right arising from a defective performance if the Purchaser had known before the takeover of the item that there was a defect or if the Purchaser caused the defect.
9. In the case of a justified claim, the Purchaser shall have the right to the reimbursement of the expediently expended costs arising in connection with the lodging of the claim. The Purchaser may exercise this right at the Seller within one month after the expiry of the warranty period.
10. The Purchaser shall choose the manner of the complaint.
11. The rights and duties of the contracting parties regarding the rights arising from a defective performance shall be governed by Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
1. The contracting parties may deliver all written correspondence to each other by electronic mail.
2. The Purchaser sends correspondence to the Seller to the e-mail address stated in these Terms and Conditions. The Seller sends correspondence to the Purchaser to the e-mail address stated in his/her customer account or in the order.
Out-of-court dispute resolution
1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, identification No.: 000 20 869, Internet address: https://adr.coi.cz/cs, shall be competent for the out-of-court resolution of consumer disputes from the purchase agreement. The platform for the online resolution of disputes at the Internet address http://ec.europa.eu/consumers/odr may be used for the resolution of disputes between the Seller and the Purchaser arising from the purchase agreement.
2. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point under 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 consumer ODR).
3. The Seller is authorized to sell the goods on the basis of the trade license. Trade control is carried out by a competent Trade License Office within its powers. The Czech Trade Inspection Authority carries out within the defined scope, inter alia, supervision over compliance with Act No. 634/1992 Sb., on Consumer Protection.
1. All stipulations between the Seller and the Purchaser shall be governed by legal order of the Czech Republic. If a relationship established by the purchase agreement contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This shall not affect the consumer rights arising from the generally binding legal regulations.
2. The Seller is not, in relation to the Purchaser, bound by any codes of conduct within the meaning of the provisions of Section 1826 paragraph 1 letter e) of the Civil Code.
3. All rights to the Seller’s websites, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, the logo and other content and elements belong to the Seller. It is forbidden to copy or modify the websites or parts thereof or use them in any other manner without the Seller’s consent.
4. The Seller shall not be liable for mistakes arising as a consequence of the interference of third parties in the Online Store or as a consequence of its use in conflict with its purpose. When using the Online Store, the Purchaser must not use procedures that may negatively affect its operation and he/she must not perform any activity that might allow him/her or third parties to interfere or use without authorization software or other components forming the Online Store and use the Online Store or its parts or software in such manner that would be in contradiction with its purpose.
5. The Purchaser hereby assumes the risk of change of circumstances within the meaning of Section 1765 paragraph 2 of the Civil Code.
6. The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
7. The wording of the Terms and Conditions may be changed or amended by the Seller. This provision shall not affect rights and duties that arise during the period of effectiveness of the previous wording of the Terms and Conditions.
8. The annex to the Terms and Conditions is a standard form for withdrawal from the agreement.
These Terms and Conditions come into effect on 18 March 2019