Terms and Conditions
TERMS AND CONDITIONS
for the sale of goods via the online shop at www.littlesaturday.cz
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter the "Terms and Conditions") of Monika Sobotková, registered office 130 00 Prague, U Rajské zahrady 954/2, company ID No: 880 17 834 (hereinafter the "Seller") regulate, pursuant to Section 1751(1) of Act No 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement (hereinafter the "Purchase Agreement") concluded between the Seller and another natural or legal person (hereinafter the "Buyer") through the Seller's online shop. The online shop is operated by the Seller at www.littlesaturday.cz (hereinafter the "Website"), through the interface of the Website (hereinafter the "Shop Web Interface").
1.2. Where the person who intends to purchase goods from the Seller is a legal or natural person ordering goods in the course of their business activity or their independent profession, the relationship between the Seller and such person will also be governed by special provisions in Article 12 of the Terms and Conditions.
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Any deviating provisions in the Purchase Agreement will prevail over the provisions of these Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions have been drawn up in the Czech language. The Purchase Agreement 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 is without prejudice to the rights and obligations arising during the validity period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. The Buyer may access their user interface after registering on the Website. The Buyer may order goods using their user interface (hereinafter a "User Account"). The Shop Web Interface also enables goods to be ordered without registration directly from the Shop Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer shall provide correct and true data. The Buyer shall update their data in their User Account when there is any change to them. The data provided by the Buyer in their User Account and when ordering goods are considered correct by the Seller.
2.3. Access to a User Account is protected through a user name and password. The Buyer shall keep the information necessary to access their User Account confidential.
2.4. The Buyer is not entitled to allow third parties to use their User Account.
2.5. The Seller may terminate a User Account, in particular if the Buyer does not use their User Account for more than one (1) year, or if the Buyer breaches their obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that their User Account may not be continuously available, especially with regard to the necessary maintenance of hardware and software of the Seller or third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentations of goods on the Shop Web Interface are for information purposes only, and the Seller is not obliged to conclude the Purchase Agreement for such goods. Section 1732(2) of the Civil Code is not applicable.
3.2. The Shop Web Interface contains information about goods, including the prices of individual goods and the cost of returning the goods if such goods cannot be returned by the usual postal route. The prices of goods include value added tax and all related fees. The prices of the goods will remain valid for as long as they are displayed on the Shop Web Interface. This provision does not limit the Seller's ability to conclude the Purchase Agreement under individually negotiated conditions.
3.3. The Shop Web Interface also contains information on the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods listed on the Shop Web Interface applies only in cases where the goods are delivered within the Czech Republic. Where the Seller offers free shipping of the goods, the Buyer must pay the minimum total purchase price of the shipped goods, namely the amount specified in the Shop Web Interface, to gain the right to free shipping of the goods. Where the Buyer partially withdraws from the Purchase Agreement and the total purchase price of the goods regarding which the Buyer has not withdrawn from the Purchase Agreement does not reach the minimum amount necessary for the right to free shipping of the goods according to the previous sentence, the Buyer's right to free shipping of the goods expires and the Buyer shall pay the Seller for the shipping of the goods.
3.4. To order goods, the Buyer fills in the order form on the Shop Web Interface. The order form contains information about:
3.4.1. the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart on the Shop Web Interface),
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 the "Order").
3.5. Before sending the Order to the Seller, the Buyer may check and change the information that the Buyer entered into the Order, which also enables the Buyer to detect and correct errors in the information entered in the Order. The Buyer sends the Order to the Seller by clicking on the button "Order with payment obligation". The information provided in the Order is considered correct by the Seller. Immediately upon receipt of the Order, the Seller will confirm receipt of the Order to the Buyer by email to the Buyer’s email address specified in the User Account or in the Order (hereinafter the “Buyer’s Email Address”). This confirmation by the Seller is not an acceptance of the Order (consent to the conclusion of the Purchase Agreement).
3.6. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).
3.7. A contractual relationship between the Seller and the Buyer is established by the delivery of acceptance of the Order, which is sent by the Seller to the Buyer by email to the Buyer's Email Address.
3.8. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Any costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of their internet connection, costs of telephone calls) will be borne by the Buyer.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of goods and any costs associated with the delivery of the goods pursuant to the Purchase Agreement in the following ways:
4.1.1. by cashless payment through a third-party payment system, including payment by payment card;
4.2. Together with the purchase price, the Buyer shall pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the price will also include the costs associated with the delivery of the goods.
4.3. The Seller will not require a deposit or other similar payment from the Buyer. This is without prejudice to Article 4.1 of the Terms and Conditions.
4.4. In the case of payment by cash on delivery or at a parcel collection point, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable no later than five (5) days from the conclusion of the Purchase Agreement.
4.5. In the case of cashless payment, the Buyer shall indicate the variable symbol of the payment when paying the purchase price of the goods. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
4.6. Section 2119(1) of the Civil Code is not applicable.
4.7. Multiple discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8. Where customary in business relations, or where stipulated by generally binding legal regulations, the Seller will issue a tax document (invoice) to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is not a payer of value added tax. Such tax document (invoice) will be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's Email Address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Agreement for a delivery of goods that have been modified according to the Buyer's wishes or for the Buyer's person, or from the Purchase Agreement for a delivery of goods in sealed packaging that a consumer has removed from such packaging and that thus cannot be returned for hygiene reasons.
5.2. Unless it is a case specified in Article 5.1 of the Terms and Conditions, or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right to withdraw from the Purchase Agreement pursuant to Section 1829(1) of the Civil Code, no later than fourteen (14) days from receipt of the goods, whereas if the subject of the Purchase Agreement is several types of goods or a delivery in several parts, this deadline commences on the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the specified deadline. To withdraw from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which forms an annex to the Terms and Conditions, or the online form available on the Website. The Buyer may also send their withdrawal from the Purchase Agreement to the Seller's email address (Article 13.4).
5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, such Purchase Agreement will be cancelled from the beginning. The goods must be returned by the Buyer to the Seller no later than fourteen (14) days from the delivery of the withdrawal from the Purchase Agreement to the Seller, while the Buyer may send the goods to the address U Rajské zahrady 954/2, 130 00 Prague 3. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature.
5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer no later than fourteen (14) days from the date of withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return a performance provided by the Buyer when the goods are returned to the Buyer or in another way, where the Buyer agrees with this and the Buyer does not incur any additional costs. Where the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or demonstrates that they sent the goods to the Seller.
5.5. The Seller is entitled to unilaterally offset a claim for compensation for damage caused to the goods against the Buyer's claim for a refund of the purchase price.
5.6. Where, pursuant to Section 1829(1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement, the Seller is also entitled to withdraw from the Purchase Agreement at any time before the Buyer accepts the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, by cashless transfer to an account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, a donation agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the donation agreement regarding such gift ceases to be effective and the Buyer shall return the gift to the Seller together with the goods.
6. SHIPPING AND DELIVERY OF GOODS
6.1. Where the method of shipping is agreed based on a special request of the Buyer, the Buyer will bear the risk and any additional costs associated with such method of shipping.
6.2. Where the Seller is obliged, pursuant to the Purchase Agreement, to deliver the goods to a place specified by the Buyer in their Order, the Buyer shall accept the goods upon delivery.
6.3. Where the goods need to be delivered repeatedly or in a different method than specified in the Order due to reasons on the Buyer's side, the Buyer shall pay the costs associated with the repeated delivery of the goods, or the costs associated with such different method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating that the shipment has been tampered with, the Buyer need not accept the shipment from the carrier. This is without prejudice to the Buyer's rights arising from liability for defective goods and other rights of the Buyer arising from generally binding legal regulations.
6.5. Additional rights and obligations of the parties relating to the shipping of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties with regard to rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No 634/1992 Coll., on consumer protection, as amended).
7.2. The Seller is liable to the Buyer for the goods being free from defects upon acceptance. In particular, the Seller is liable to the Buyer for ensuring that, at the time the Buyer accepts the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of such agreement, have such characteristics as the Seller or the manufacturer has described or which the Buyer expected with regard to the nature of the goods and based on their advertising,
7.2.2. the goods are suitable for the purpose of use specified by the Seller or for which goods of this type are usually used,
7.2.3. the quality or design of the goods corresponds to the agreed sample or template, where the quality or design was determined according to an agreed sample or template,
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. If a defect becomes apparent within six months of acceptance, the goods are deemed to have been defective upon acceptance.
7.4. The Seller has obligations from defective performance at least to the extent that obligations from defective performance by the manufacturer persist. The Buyer is otherwise entitled to exercise their rights from a defect that occurs in consumer goods within twenty-four months of acceptance. Where, in accordance with other legal regulations, the period for which the goods may be used is indicated on the packaging of the goods, in the instructions accompanying the goods or in the advertising, the provisions relating to the quality warranty will apply. Through the quality warranty, the Seller undertakes that the goods will be fit for use for their usual purpose or that they will retain their usual characteristics for a certain period of time. If the buyer has rightfully accused the Seller of a defect in the goods, the deadline for exercising rights from defective performance and the warranty period will not run for the period during which the Buyer cannot use the defective goods.
7.5. The provisions set out in Article 7.4 of the Terms and Conditions will not apply to goods sold at a lower price due to a defect for which such lower price was agreed, to wear and tear on the goods caused by their usual use, to a defect on used goods corresponding to the degree of use or wear and tear that the goods had at the time of acceptance by the Buyer, or if this results from the nature of the goods. The Buyer will not have a right from defective performance if the Buyer knew that the goods were defective before accepting the goods, or if the Buyer caused the defect.
7.6. Rights arising from liability for defects in goods are exercised with the Seller. If, however, the certificate issued by the Seller regarding the scope of the rights from liability for defects (within the meaning of Section 2166 of the Civil Code) designates a different person to carry out the repair, who is at the Seller's location or at a location closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to carry out the repair. With the exception of cases where a different person is designated to carry out the repair according to the previous sentence, the Seller shall accept the claim at any establishment where such claim can be received with regard to the range of products sold or services provided, or at the Seller's registered office or place of business. The Seller shall provide the Buyer with a written confirmation of when the Buyer exercised their right, the content of the claim and the method of handling the claim required by the Buyer, as well as confirmation of the date and method of handling the claim, including confirmation of the performance of the repair and its duration, or written justification for rejecting the claim. This obligation also applies to other persons designated by the Seller to carry out the repair.
7.7. Specifically, the Buyer may exercise their rights from liability for defective goods at the address U Rajské zahrady 954/2, 130 00 Prague 3, by telephone at +420733121219 or by email at info@littlesaturday.cz.
7.8. The Buyer shall inform the Seller of the right they have chosen when reporting the defect or without undue delay after reporting the defect. The choice made cannot be changed by the Buyer without the consent of the Seller. This does not apply where the Buyer has requested the repair of a defect that proves to be irreparable.
7.9. If the goods do not have the characteristics specified in Article 7.2 of the Terms and Conditions, the Buyer may also require the delivery of new goods without defects, provided this is not unreasonable with regard to the nature of the defect. However, if the defect relates only to a part of the goods, the Buyer may only require the replacement of such part. If this is not possible, the Buyer may withdraw from the Purchase Agreement. However, if this is disproportionate to the nature of the defect, especially if the defect can be remedied without undue delay, the Buyer has the right to have the defect removed free of charge. The Buyer has the right to the delivery of new goods or the replacement of a part even where the defect is repairable, if they cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In this case, the Buyer also has the right to withdraw from the Purchase Agreement. Where the Buyer does not withdraw from the Purchase Agreement or does not exercise their right to have new goods without defects delivered, to have their parts replaced or to have the goods repaired, they may demand a reasonable discount. The Buyer also has the right to a reasonable discount where the Seller is unable to deliver new goods without defects, to replace a part of the goods or to repair the goods, as well as where the Seller fails to remedy the situation within a reasonable time or where remedying the situation would cause significant difficulties for the Buyer.
7.10. Whoever has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising that right. However, where they do not exercise their right to compensation within one month after the expiry of the deadline by which a defect must be reported, a court will not grant the right if the Seller objects that the right to compensation was not exercised in time.
7.11. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price for the goods, but no earlier than upon acceptance of the goods by the Buyer.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. Consumer complaints are handled by the Seller via the email address info@littlesaturday.cz. Information about the handling of the Buyer’s complaint will be sent by the Seller to the Buyer’s Email Address.
8.4. For the out-of-court settlement of consumer disputes arising from the Purchase Agreement the competent authority is the Czech Trade Inspection Authority, registered office: Štěpánská 567/15, 120 00 Prague 2, company ID No: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.
8.5. The European Consumer Centre Czech Republic, registered office Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the 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).
8.6. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing inspections are carried out by the competent trade licensing authority within the scope of its remit. Supervision of the protection of personal data is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on consumer protection, as amended.
8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The Seller fulfils, by means of a specific document, its information obligation to the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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 the "GDPR") related to the processing of the Buyer's personal data for the purpose of performing the Purchase Agreement, for the purpose of negotiating the Purchase Agreement, and for the purpose of fulfilling the Seller's public law obligations.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees, within the meaning of Section 7(2) of Act No 480/2004 Coll., on certain information society services and on amendments to certain other laws (Act on Certain Information Society Services), as amended, with the sending of commercial communications by the Seller to the Buyer's Email Address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a specific document.
10.2. The Buyer agrees to the storage of cookies on their device. Where a purchase can be made on the Website and the Seller's obligations pursuant to the Purchase Agreement can be fulfilled without storing cookies on the Buyer's device, the Buyer may withdraw their consent under the previous sentence at any time.
11. DELIVERY
11.1. The Buyer may be served at the Buyer's Email Address.
12. SPECIAL PROVISIONSfor cases where the Buyer is not a consumer
12.1. Articles 5.1 to 5.5, 7, 8.2 to 8.6, and 13.2 to 13.4 of the Terms and Conditions will not apply to the relationship between the Seller and the Buyer that is not a consumer.
12.2. If the Buyer is not a consumer and the Seller hands over the goods to a carrier for shipping to the Buyer pursuant to the Purchase Agreement, the risk of damage is transferred to the Buyer with the handing over of the goods to the first carrier for shipping to the destination. In this case, handing over an item to the Buyer means handing over the item to the first carrier for shipping for the Buyer.
12.3. The application of Sections 1799 and 1800 of the Civil Code is excluded for relations between the Seller and the Buyer that is an entrepreneur.
12.4. For relations between the Seller and the Buyer that is an entrepreneur, the application of customary commercial practices within the meaning of Section 558(2) of the Civil Code is excluded.
12.5. In cases where the Buyer is not a consumer, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, by cashless transfer to the account designated by the Buyer.
12.6. Where the Buyer is not a consumer, the Seller may request payment of an advance on the purchase price of the goods.
13. FINAL PROVISIONS
6.1. Where the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The selection of law in accordance with the prior sentence does not prevent the Buyer, if it is a consumer, from enjoying the protection provided by a legal order from which it is not possible to contractually deviate and that would, in the event of the non-existence of the selection of law, otherwise be applied in accordance with Art. 6(1) of 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).
13.2. Purchase Agreements, including the Terms and Conditions, are digitally archived by the Seller and are not accessible.
13.3. A sample form for withdrawal from the Purchase Agreement forms an annex to the Terms and Conditions.
13.4. Seller's contact details: delivery address 130 00 Prague, U Rajské zahrady 954/2, email address monika@littlesaturday.cz, telephone +420733121219.
