Company: TryMee Clothing s. r. o. (operating under Nilmore®)
Company headquarters: Zámostní 1155/27, 710 00 Ostrava, Czech Republic
Identification number: 06986650
registered in the Commercial Register at the Regional Court in Ostrava, File No. C 74063
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions for E-shop Sale (hereinafter the “Commercial Terms”) of a company TryMee Clothing s. r. o., with the registered office Zámostní 1155/27, 710 00 Ostrava, Czech Republic, identification number 06986650, registered in the Commercial Register at the Regional Court in Ostrava, File No. C 74063 (hereinafter the “seller”) regulate, in accordance with the provisions of Section 1751, paragraph 1, Act No. 89/2012 Coll., Civil Code of the Czech Republic (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in relation to, or on the basis of a purchase agreement (hereinafter the “purchase contract”) concluded between the seller and a natural person (hereinafter the “buyer”) via the internet store of the seller. The internet store is operated by the seller on the website at www.nilmore.com (hereinafter the “website”) via a website interface of the store (hereinafter the “e-shop”).
1.2. The Commercial Terms do not relate to events where an entity who intends to purchase goods from the seller is a legal entity or entity that, when ordering goods, acts within its business activities or its independent practice of profession.
1.3. Provisions deviating from the Commercial Terms can be agreed in the seperate purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Commercial Terms.
1.4. The provisions of the Commercial Terms in the wording published on the website at the time the purchase contract is concluded are always an integral part of the purchase contract, and, by ordering goods, each buyer confirms their binding nature on the contractual relationship established by the purchase contract. The purchase contract and the Commercial Terms are written in the Czech language for domestic stores and English for other stores.
1.5. The seller may amend or supplement the wording of the Commercial Terms. Amendments or supplements shall become valid on the day of their publication on the website. This provision shall not affect the rights and obligations established for the period of effect of the prior wording of the Commercial Terms.
2. USER ACCOUNT
2.1. Based on the registration on the website, the buyer may access his/her user interface. The buyer is allowed to order good from his/her user interface. If the website enables it, the buyer may also order good directly from the e-shop without the registration.
2.2. When registering the user account, the buyer is obliged to provide all data correctly and truthfully. The buyer shall be obliged to update the data specified in the user account at any time that such data changes. The data provided by the buyer are considered correct by the seller.
2.3. The access to the user account is secured by username and password. The buyer is obliged to maintain the confidentiality of this information necessary for access to his/her user account.
2.4. The buyer shall not allow the use of a user account to third parties.
2.5. The seller may cancel the buyer‘s user account in particular if the buyer does not use his/her user account for more than 5 years, or if the buyer breaks its obligations from the purchase contract (including the Commercial Terms).
2.6. The buyer takes into account that the user account may not be accessible permanently, in particular concerning necessary maintenance of the hardware and software of the seller, or necessary maintenance of the hardware and software of third parties.
3. CONCLUDING A PURCHASE AGREEMENT
3.1. The goods presented via the e-shop has an informative nature only. The buyer is not obliged to conclude a purchase contract regarding these goods.
3.2. The e-shop contains information about the goods, prices including VAT and all related fees (it does not include possible customs or duty fees when sent abroad). The prices shall remain valid for as long as they are displayed in the e-shop. The seller reserves the right to continuously update the offer of goods and the price of goods according to its business and operational needs.
3.3. The e-shop also contains information about the costs associated with the packaging and delivery of the goods. Information about the costs associated with the packaging and delivery of the goods quoted by the seller on the e-shop are applicable only in the case, when the correct delivery address is set, including the destination country.
3.4. The buyer acknowledges that the seller shall not be obliged to conclude a purchase contract, in particular with persons who previously significantly broke their obligations toward the seller or for operational, capacity or other reasons important for the seller.
3.5. For ordering the goods, the buyer shall fill-in the order form in the e-shop. The order form primarily contains information regarding:
3.5.1. the ordered goods (the buyer „insert“ the goods into the electronic shopping cart in the e-shop);
3.5.2. the method of payment for the ordered goods, details about the required method of delivery of the ordered goods;
3.5.3. information about the costs associated with the packaging and delivery of the goods (hereinafter together as the “order”).
3.6. Before sending the order to the seller, the buyer is able to check, change and correct possible mistakes in the data that the buyer entered in the order. The buyer is obliged to provide correct and true information. The buyer sends the binding order by clicked to „Send order“. All the information provided by the buyer in the order is considered as correct by the seller.
3.7. The conditions of acceptance the order is fill-in all required information in the order form, familiarization with these Commercial Terms and confirmation of the buyer that he/she agree with these Commercial Terms.
3.8. The contractual relationship between the seller and the buyer shall be established upon the delivery of order acceptance, which shall be sent by the seller to the buyer via email to the email address of the buyer specified in the user interface or in the order (hereinafter the “the buyer’s email address”).
3.9. Depending on the nature of the order (quantity of goods, purchase price amount, expected transportation costs) the seller has a right to request from the buyer an additional order confirmation (for example in writing or over the phone).
3.10. In the case that the seller is unable to fulfil some of the requirements specified in the order, the seller shall send to the buyer to the buyer’s email address a changed offer with a specification of possible order alternatives and shall request the opinion of the buyer.
3.11. The changed offer is considered as a new proposal of a purchase contract, and the purchase contract is in that case concluded by the buyer’s acceptance.
3.12. The buyer agrees with the use of remote means of communication when concluding a purchase contract. Costs incurred by the buyer using remote means of communication in connection with the conclusion of a purchase contract (the cost for an internet connection, the cost of telephone calls) shall be borne by the buyer, and these costs are not different from the base rate.
4. PAYMENT TERMS
4.1. The buyer may pay the price for ordered good and costs associated with the packaging and delivery of the goods in the following ways:
In cash or by card in person at the seller‘s store address: Sokolská tř. 1374/28, 702 00 Moravská Ostrava a Přívoz;
• in cash upon delivery at a place determined by the buyer in the order;
via a bank transfer to the seller‘s bank account number: 2301655886/2010 („seller's bank account“);
• via a bank transfer using the payment gateway ComGate Payments, a.s., Gočárova třída 1754 / 48b, Hradec Králové, E-mail: email@example.com, Tel: +420 228 224 267;
4.2. Together with the purchase price of the goods, the buyer shall be obliged to pay the seller also the costs associated with the packaging and delivery of the goods (together hereinafter the “order price”).
4.3. The seller does not require from the buyer a deposit or other similar payment.
4.4. In the event of cash on delivery, the seller reserves the right to add the costs for cash on delivery to the price of the order according to the current price list of the carrier. The price is payable upon receipt of the goods.
4.5. In the event of bank transfer via payment gateway, the buyer will be transferred to the payment gateway server where he/she provide all necessary payment information. After verification the validity of the provided payment information, the order shall be confirmed, and the order price shall be deducted from the buyer's bank account.
4.6. In the event of bank transfer to the seller’s bank account, the buyer shall pay the order price before its execution to the seller’s bank account no later than 7 days after concluding the purchase contract. The buyer shall pay the order price together with the variable payment symbol. The order price is considered as paid on the date the order price is credited on the seller’s bank account.
4.7. The seller shall be entitled, in particular in the event that the buyer does not additionally confirm the order (Article 3.9), to request the payment of the full order price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1, Civil Code of the Czech Republic, shall not apply.
4.8. The buyer shall acquire ownership to the goods upon the full payment of the order price..
4.9. If it is normal in a business relationship or if determined as such by generally binding legal regulations, the seller shall issue to the buyer a tax document – invoice regarding the payment made on the basis of the purchase contract. The seller is not a VAT payer. The seller shall issue to the buyer the invoice after the payment of the price for the goods and send it electronically to the buyer’s email address.
4.10. Pursuant to the Law on the Registration of Sales, the seller shall be obliged to issue a receipt to the buyer. The seller shall also be obliged to register the received revenue with a tax administrator online; in the event of a technical malfunction, within 48 hours at the latest.
4.11. The buyer agrees to issue the receipt in electronic form.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. Thebuyer acknowledges that according to Section 1837, Civil Code, it is not possible to withdraw from the purchase agreement for the delivery of goods modified according to the buyer’s wishes; for the delivery of the perishable goods; if the goods are after the delivery irretrievably mixed wither other goods; if the goods cannot be returned due to hygienic reasons; if the subject of the contract is the delivery of an audio or video recording or a computer program and the buyer has broken their original packaging.
5.2. If it is not a case referred to in Article 5.1 of the Commercial Terms 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 § 1829 paragraph 1 of the Civil Code within fourteen (14) days from the delivery of the goods without giving reasons.
5.3. In the event of withdrawal from the purchase contract, the purchase contract shall be terminated from the inception. The buyer shall return the goods no later than fourteen (14) days from the delivery of withdrawal from the purchase contract to the seller. The buyer shall bear the costs associated with returning the goods to the seller even if the goods cannot, by their nature, be returned by ordinary post.
5.4. The buyer shall return the goods undamaged, unused and clean and if it is possible in the original packaging. The seller is entitled to add unilaterally compensation for any damage to the goods caused by the buyer against the buyer's right to a refund of the order price.
5.5. Within ten (10) working days from the returning of the goods, the seller is entitled to check the returned goods in order to inspect if the goods are not damaged, used or unclean. The buyer acknowledges that if the goods will be damaged, used or unclean, the seller is entitled to compensation for the damage caused by the buyer. The seller is entitled to add unilaterally compensation for any damage to the goods caused by the buyer against the buyer's right to a refund of the purchase price.
5.6. If the buyer withdraws from the purchase contract, the seller shall return all funds to the buyer no later than fourteen (14) days from the withdrawal from the purchase contract. The funds shall be returned to the buyer in the same way that the seller the funds accepted. The seller may return the funds to the buyer in another way only if the buyer agrees and if no additional costs occur.
5.7. If the buyer chose other than the cheapest method of the delivery of the goods that the seller offers, the seller shall return the cost of the delivery corresponding to the cheapest offered method of the delivery of ther goods to the buyer according to provision 1832 of the Civil Code.
5.8. If the buyer withdraws from the purchase contract, the seller shall not be obliged to return the received funds to the buyer before the buyer returns the goods or proves that he/she sent the goods to the seller.
5.9. In the event that the payment was made using a gift certificate, the buyer expressly agrees that the return of the funds shall be done via a credit that shall be added to his/her user account or that shall be sent to the buyer’s email address.
5.10. If the buyer received a gift together with the delivered goods, the buyer shall return the gift together with the goods to the seller.
5.11. For the withdrawal from the purchase agreement the buyer may use a sample form provided by the seller. The withdrawal from the purchase contract the buyer may send to the store address of the seller or the seller‘s e-mail address firstname.lastname@example.org. The seller shall confirm the withdrawal from the purchase contract without undue delay to the buyer’s email address or by telephone.
5.12. The goods that the buyer returns to the seller shall be sent to this address: Sokolská tř. 1374/28, 702 00 Moravská Ostrava a Přívoz
5.13. Until the goods are received by the buyer, the seller shall be entitled to withdraw at any time from the purchase contract. In such a case the seller shall immediately return to the buyer the order price via a bank transfer to the account determined by the buyer.
6. DELIVERY OF THE GOODS
6.1. The buyer may choose the method of delivery from the options that the seller offers when created the order. In the event that the delivery is agreed upon the buyer’s special requirement, the buyer bears the risk and possible additional costs associated with this delivery method.
6.2. If the seller is obliged to deliver the goods to the buyer to the place that the buyer provided in the order, the buyer is obliged to take the delivery.
6.3. In the event that the goods shall be delivered repeatedly due to the reasons on the buyer’s side, the buyer shall bear the costs associated with the repeated delivery or the costs associated with another delivery method.
6.4. Upon takeover of the goods from the carrier, the buyer shall be obliged to check that the packaging of the goods has not been breached an in the event of any defects, he/she shall immediately inform the carrier of such a fact (i.e. to the deliverer of the goods from which the buyer receives the goods). In the event that the packaging has been breached indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery sheet or confirmation of the takeover of the goods, the buyer confirms that the packages containing the goods was not breached.
6.5. Risk of damage of the goods is transferred to the buyer upon the takeover of the item; the risk of damage is also transferred if the buyer does not take over the item even though the seller allowed the buyer to handle it and the buyer breaches the purchase contract by not taking over the goods.
7. WARRANTY AND COMPLAINTS
7.1. The rights and obligations of the Contracting Parties regarding warranty and complaints are governed by the relevant generally binding legal regulations (in particular the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 Civil Code).
7.2. The warranty right shall not pertain to the buyer:
- if the buyer knew before taking over the goods that the goods were defective or
- if the defects correspond with the level of the normal use of the goods,
- the buyer caused the defect to the goods by improper use, storage, improper maintenance, buyer intervention or mechanical damage,
- the defect occurred due to external events beyond the control of the seller.
7.3. The seller is obliged to deliver the goods to the buyer without any defects. The seller is responsible:
- that the sold good has the quality and utility properties required by the agreement, described by the seller, the manufacturer or its representative, or expected on the basis of advertisement, or quality and utility properties normal for such an item;
- corresponds to the purpose that the seller specifies for the use of the item, or for which the item is normally used;
- the good 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;
- that the good is delivered in the correct amount, weight or measure;
- that it corresponds to the requirements of legal regulations.
7.4. The buyer shall be entitled to exercise the warranty right from a goods defect that occur to the goods within 24 months of takeover (seller’s quality warranty). If the defect occurs within 6 months of the delivery, it is considered that the goods were defective at the time of receipt; after the expiry of this 6-month period, the buyer shall prove his claim that the defect exist.
7.5. For registering a complaint, the buyer may use a sample form provided by the seller. The buyer may register the complaint at the address of the seller’s store Sokolská třída 1374/28, 702 00 Ostrava, by telephone +420 735 858 585 or send an email to the seller’s email address email@example.com.
7.6. In the event of registering complaint, the buyer shall prove that he/she close the purchase contract with the seller by the corresponding document. The buyer is obliged to provide a description of the defect.
7.7. If the goods have a defect the nature of which is a significant breach of the purchase agreement, the buyer shall be entitled to request, based on his/her own consideration,
- removal of the defect via the delivery of new goods without a defect (exchange damaged goods for new goods), so long as this is not unreasonable given the nature of the defect, or the delivery of missing goods or
- removal of a defect via the repair of the goods or
- a reasonable discount on the purchase price or
- withdraw from the contract. If the goods have a defect the nature of which is an insignificant breach of the purchase contract, the buyer shall be entitled to removal of the defect, or to a reasonable discount on the purchase price for goods. Instead of removal of the defect, the buyer may request a reasonable discount on the purchase price or withdraw from the purchase contract if the seller does not remove the defect on time or refuses to remove it, if the defect cannot be removed, or if the buyer cannot use the goods for repeated occurrence of the defect after repair or a higher number of defects.
7.8. The buyer shall notify the seller what is his/her preferred solution of the complaint (repair, exchange for a new product, discount, refund). The buyer cannot change the choice made without the consent of the seller; this does not apply if the buyer has requested the repair of the defect which proves to be irreparable. If the buyer does not choose the preferred solution in time, the seller acquires the right to choose the method of solution in accordance with the provisions of § 1926 of the Civil Code.
7.9. The seller is obliged to provide the buyer with a written document including the date of the warranty claim, the preferred solution of the defect, description, the date of warranty acceptance, the time necessary for repair, possibly the reason of rejection of the complaint.
7.10. The seller shall decide about the complaint immediately, in the complicated cases within three working days. The complaint shall be solved without unnecessary delays, no later than 30 days from receiving the complaint, if it is not agreed about the longer term.
7.11. The seller is obliged to inform the buyer about the settlement of the complaint, through the contact information provided by the buyer during the complaint. The seller shall also state in this notice the deadline for the collection of the claimed goods.
7.12. They buyer may demand compensation for the costs associated with the complaint. However, if the right to compensation is not exercised within one month, this right will expire.
7.13. An integral part of these Terms and Conditions is the Warranty Policy, which specifically regulates the rights and obligations of the seller and the buyer in connection with the warranty claims. By purchasing in the e-shop, the buyer confirms that he/she has read this Warranty Policy and fully agrees with it.
8. GIFT AND DISCOUNT VOUCHERS
8.1. It is not allowed to combine and add up any gift or discount vouchers. It is not allowed to use a gift or discount voucher repeatedly or use them for buying another gift or discount voucher.
8.2. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
8.3. If the gift or discount voucher has limited validity, the buyer may use it before the validity expires. The seller does not provide any way of compensation for an unused gift or discount voucher.
8.4. The gift or discount voucher shall not be exchanged for money. If the buyer ordered goods for a lower price than the gift or discount voucher had, he/she is not entitled to an additional payment of the value of the gift or discount voucher or a new gift or discount voucher for the rest of the value of the originally applied gift or discount voucher.
9.1. By purchasing in the e-shop, the buyer will provide certain personal data that are necessary for the performance of the purchase contract. Failure to provide personal data necessary for the implementation of the order prevents the seller from fulfilling the purchase contract.
9.2. The personal data provided by the buyer will be processed for the period necessary to fulfil the purchase contract, as well as complaint rights, as well as confirmation of fulfilment of the seller's obligations and enforcement or protection against enforcement, which may be directed against the seller - but not longer than 10 years from when the buyer provided his personal data to the seller.
10. BUSINESS COMMUNICATION AND COOKIES
10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the buyer’s email address and also agrees to the sending of the seller’s commercial communications to the buyer’s email address.
10.2. The buyer agrees with storing cookies on his or her computer. If it is possible to make a purchase on the website and fulfil the obligations of the seller from the purchase contract without storing cookies on the buyer’s computer, the buyer may revoke the consent given in the previous sentence at any time.
11. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
11.1. The buyer acquires ownership of the goods by paying the full order price of the goods.
11.2. The seller is not bound in relation to the buyer to any codes of conduct pursuant to the provisions of Section 1826, paragraph 1, letter e) Civil Code.
11.3. In the event that a consumer dispute occurs between the seller and the buyer from the purchase contract that cannot be resolved via mutual agreement, the consumer may submit a proposal for resolving such a dispute out of court. The Czech Trade Inspection, registered office: Štěpánská 567/15, 120 00 Prague 2, Company Id No: 000 20 869, internet address: http://www.coi.cz ČOI, is the relevant authority for resolving out of court consumer disputes from the purchase contract. The buyer may also use the online platform resolving disputes, which is established by the European Commission at address http://ec.europa.eu/consumers/odr/. The seller recommends that the buyer first uses firstname.lastname@example.org for resolving situations that have occurred.
11.4. Consumer complaints are handled by the seller via the email address email@example.com. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
11.5. All disputes arising out of or in connection with any purchase contract concluded between the seller and the buyer, including any question regarding its existence, validity or termination, shall be finally resolved under the Czech Law with the exclusion of conflicts of law rules and the application of the United Nations Convention on Contracts for the International Sales of Goods of April 11, 1980 (the "Vienna Convention") by the relevant Regional Court in Prague determined by the seat of the seller. The seller and the buyer agree that the registered office of the seller is deemed to be the place of performance of obligations in the sense of the Council Regulation (EU) Nr. 1215/2012 of the European parliament and of the Council, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
11.6. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
11.7. The buyer hereby assumes the risk of changes in circumstances pursuant to Section 1765, paragraph 2, Civil Code.
12.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). It is delivered to the buyer to the e-mail address specified in his user account.
12.2. Delivered shall also be considered notifications that the addressee refused to takeover, which were not picked up during the storage period, or which were returned as undeliverable.
12.3. The Contracting Parties may send regular correspondence to each other via e-mail. The seller’s email address is firstname.lastname@example.org.
13. CLOSING PROVISIONS
13.1. the relationship established by the purchase contract contains an international (foreign) element, then the Parties agree that the relationship is governed by Czech law, especially by the Civil Code. This shall not affect the consumer’s rights under generally binding legal regulations.
13.2. If any of the provisions of the Commercial Terms are invalid or ineffective or become invalid or ineffective, the invalid provisions shall be replaced by provisions whose purpose is as close as possible to that of the invalid provision. The invalidity and ineffectiveness of such a provision shall not affect the validity of the other provisions. Amendments and supplements to the purchase agreement or Commercial Terms must be in writing.
13.3. The purchase contract and the Commercial Terms are archived by the seller in electronic form and are not accessible.
13.4. Annexes to the Commercial Terms are a sample form for withdrawal from the purchase contract, the Warranty Policy and the warranty claim form.
13.5. 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 a purchase agreement.
13.6. 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 the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
13.7. The appendix to the business conditions consists of a sample form for withdrawal from the purchase contract, the Complaints Procedure and a sample complaint form.
13.8. The contact information of the seller:
- Address: Sokolská tř. 1374/28, 702 00 Moravská Ostrava a Přívoz
- Email: email@example.com,
- Tel.: +420 735 858 585.
These Commercial Terms were issued on 20. 8. 2021 in Ostrava.