Chavdarov Advisory s.r.o.
TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
1.1 Wonderful! By deciding to purchase our products, you have made an important step that will set you on a journey towards having a lovely and stylish home. But before we can deliver our products to you, we need to make sure that you understand what you are going to receive from us and what we expect from you in return. That’s why we, Chavdarov Advisory s.r.o., a company incorporated in the Czech Republic, with its registered office at Šaldova 219/1, Karlín, 186 00 Prague 8, Czech Republic, ID no.: 089 22 594, registered in the Commercial Register maintained by the Municipal Court in Prague, File No.: C 327593 (or simply “we” and “us”) as the owner and operator of the e-shop located at cottonbundle.cz and cottonbundle.com are presenting to you, as our customer, these Terms and Conditions (the “Terms”) that will govern our legal relationship. This relationship is going to arise in connection with or on the basis of the purchase agreement (the “Purchase Agreement”) concluded between you as the buyer (or simply “you”) and us through our online store. The online store is located at cottonbundle.cz and cottonbundle.com (the “Website”) and is accessible through the website interface (the “Store Web Interface”).
1.2 We specialize in selling home textile and decorative items exclusively within the territory of the Czech Republic and European Union.
1.3 These Terms do not apply to the cases where the person who intends to purchase goods from us, whether it is natural or legal person, acts as part of its/his/her business activity or as part of its/his/her independent profession.
1.4 The provisions of these Terms are an integral part of the Purchase Agreement. The Purchase Agreement and these Terms are drawn up in the Czech and English language; in case of any discrepancies, the Czech version shall prevail.
1.5 The wording of these Terms may be changed or amended by us from time to time. This provision shall not affect the rights and obligations arising during the effective period of the previous version of these Terms.
2. USER ACCOUNT
2.1 Based on your registration on the Website, you can access its user interface. You can order our products from the user interface (the “User Account”). If the Store Web Interface allows it, you can also order goods without registration directly from the Store Web Interface.
2.2 When registering on the Website and when ordering goods, you are obliged to enter all data correctly and truthfully. You are obliged to update the data specified in the User Account in case of any change. The data you provide us with in the User Account and when ordering goods are deemed correct on our side.
2.3 Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding the information necessary to access your User Account.
2.4 You are not authorized to allow the use of the User Account by third parties.
2.5 We can cancel the User Account, especially if you do not use the User Account for more than a year, or if you violate the obligations under the Purchase Agreement (including the Terms).
2.6 You acknowledge that the User Account may not be available continuously, especially with regard to the necessary maintenance of our hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
2.7 Based on your registration, you can be informed about newly published products by regular e-mails, which can be canceled in your User Account or by clicking on the appropriate link located in each e-mail. We are not obliged to send these e-mails to everyone who has registered on the Website.
2.8 Only person over the age of 15 can register on the Website.
3. CONCLUDING A PURCHASE AGREEMENT
3.1 All presentations of goods placed in the Store Web Interface is informative and we are not obliged to conclude the Purchase Agreement regarding these goods. The provision of section 1732, paragraph 2 of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), shall not apply.
3.2 The Store Web Interface contains information about the goods, including the prices of the individual goods and the costs for returning them, if they cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the Store Web Interface and the time limit of the time-limited campaign, if it was part of such a campaign, has not expired. This provision does not limit our ability to conclude the Purchase Agreement under individually agreed conditions.
3.3 The Store Web Interface also contains information about the costs associated with the packaging and delivery of the goods.
3.4 To order goods, you fill out the order form in the Store Web Interface. The order form always contains:
3.4.1 information about the ordered goods;
3.4.2 your contact information (name, address, e-mail address, telephone number);
3.4.3 method of payment of the purchase price;
3.4.4 information on the required method of delivery of the ordered goods; and
3.4.5 information about the costs associated with the delivery of the goods (the “Order”).
3.5 Before sending the Order to us, you are allowed to check and change the data you entered in the Order. You send the Order to us by clicking the “Finish and pay” or “Order” button. The data listed in the Order are deemed correct by us. Immediately after receiving the Order, we will confirm this receipt to you via e-mail, to your e-mail address specified in the User Account or in the Order.
3.6 We are always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), to ask you for additional confirmation of the Order (in writing or by phone).
3.7 The contractual relationship between you and us is established by the delivery of the confirmation of the Order, which is sent from us to your e-mail address.
3.8 You agree to use remote means of communication when concluding the Purchase Agreement. We do not cover your costs incurred when using means of communication at a distance in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls, etc.).
4. PRICE OF THE GOODS AND PAYMENT TERMS
4.1 You can pay us the price of the goods and any costs associated with the packaging and the delivery of the goods according to the Purchase Agreement in the following ways:
4.1.1 cashless via transfer to our bank account:
- Account Owner: Chavdarov Advisory s.r.o.
- Bank: Komercni Banka a.s.
- IBAN: CZ33 0100 0001 3129 2594 0247
- SWIFT: KOMBCZPPXXX
- Country: Czech Republic
4.1.2 cashless via Shopify Payments
4.1.3 by cash or when possible, also by card on delivery; or
4.1.4 cashless via PayPal.
4.1.4 cashless via Klarna.
4.2 In the case of payment by cash on delivery, the purchase price is payable upon delivery of the goods.
4.3 In the case of cashless payment via transfer to our bank account, the purchase price is payable within 3 days of concluding the Purchase Agreement. In the case of other cashless payment stated in the Article 4.1, the purchase price is payable immediately after the conclusion of the Purchase Agreement.
4.4 You are obliged to indicate the variable payment symbol whenever using payment via transfer to our bank account.
4.5 Your obligation to pay the purchase price is fulfilled when the relevant amount is credited to our bank account.
4.6 The discounts on the price of goods provided to you cannot be combined with each other.
4.7 We will issue a tax document (an invoice) to you regarding payments made on the basis of the Purchase Agreement. We are the payer of value added tax. We will issue the invoice to you after payment of the price of the goods and send it in electronic form to your e-mail address.
4.8 According to the Act No. 112/2016 Coll., on Registration of Sales, as amended, we are obliged to issue a receipt of the payment to you. At the same time, we are obliged to register the received payment with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
4.9 We reserve the right to temporarily disable one or more ways of payment according to Article 4.1.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1 You acknowledge that, according to the provisions of section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the Purchase Agreement:
5.1.1 for the supply of goods that have been modified to your wishes or for your person;
5.1.2 for the supply of perishable goods and goods which have been irretrievably mixed with other goods after delivery;
5.1.3 for the supply of goods in closed packaging that have been removed from the packaging and for hygienic reasons it is not possible to return them; and
5.1.4 for the supply of an audio or video recording or a computer program if it has broken their original packaging.
5.2 If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the Purchase Agreement, you have the right to withdraw from the Purchase Agreement in accordance with section 1829 paragraph 1 of the Civil Code within 14 (fourteen) days from the delivery of the goods. Withdrawal from the Purchase Agreement must be sent to us within the period specified in the previous sentence. To withdraw from the Purchase Agreement, you can use the form provided by us, which forms an appendix to these Terms. Withdrawal from the Purchase Agreement can be sent to the address of our place of business or to the e-mail address: info@cottonbundle.com.
5.3 In the case of withdrawal from the Purchase Agreement pursuant to Article 5.2, the Purchase Agreement is cancelled from the outset. You must return goods that were subject of the Purchase Agreement within 30 days of delivery of the withdrawal from the Purchase Agreement to us. If you withdraw from the Purchase Agreement, you bear the costs associated with returning the goods to us, even if the goods cannot be returned by the usual postal route due to their nature unless otherwise stipulated in the Purchase Agreement or on the relevant product page on the Website.
5.4 The returned goods must be packed in the appropriate manner so that it will not be damaged during transport due to the inappropriate packaging, without signs of damage and use, so that it can be sold. The goods must include all labels (tags), must be returned without smell, as it was delivered. If the above mentioned conditions are not met, we reserve the option not to accept the goods.
5.5 In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2, we are to return the funds received from you for purchase of returned goods within 14 (fourteen) days of withdrawal from the Purchase Agreement, in the same manner as we received them from you. We are also entitled to return the performance provided by you when you return the goods, or in another way, if you agree and no additional costs are incurred. If you withdraw from the Purchase Agreement, we are not obliged to return the received funds to you before you return the goods or prove that the goods were already sent to us.
5.6 We are entitled to unilaterally offset the claim for payment of damage caused to the goods by you against your claim for a refund of the purchase price.
5.7 In cases where you have the right to withdraw from the Purchase Agreement in accordance with section 1829 paragraph 1 of the Civil Code, we are entitled to withdraw from the Purchase Agreement too at any time, up until the goods are taken over by you. In such a case, we will return the purchase price to you without undue delay.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 The method of delivery of goods is determined by us, unless otherwise stipulated in the Purchase Agreement. If, according to the Purchase Agreement, we are to deliver the goods to the place specified by you in the Order, you are obliged to take over the goods upon delivery.
6.2 The delivery outside of the European Union is not possible.
6.3 The delivery of the goods which require the presence of 2 (two) and more workers of courier services (such as Sofa, Armchair, Wardrobe, Beds, Dining Table, Bulky storage units, etc., collectively the “Larger Goods”) can be delivered only to precise place of use specified by you.
6.4 The cost of delivery will be determined based on the total purchase price as follows:
6.4.1 the delivery of goods in the total price above 200 EUR is free of charge;
6.4.2 starting from 6 EUR in the total price below 200 EUR; complete table of delivery fees can be found
here. and
6.5. If, due to the reasons on your side, it is necessary to deliver the goods repeatedly or in a different way than was specified in the Order, you are obliged to pay the additional costs associated with repeated delivery of the goods, or costs associated with another delivery method. The additional cost stated is to be determined as follows:
6.5.1 50 to 250 EUR for the re-delivery of the Larger Goods; and
6.5.2 15 EUR for the re-delivery of the rest of the goods.
The calculation of additional cost stated above is only approximate and final cost is to be determined on case-by-case basis.
6.6 We will be using the services of these courier services:
6.6.1 Rhenus Home Delivery, TopTrans, DHL or Hermes for the delivery of Larger Goods; and
6.6.2 GLS, DPD, Zasilkovna, PPL or DHL for the delivery of the rest of the goods.
6.7 Upon the delivery of goods from the courier service, you are obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a damage of the packaging indicating an unauthorized intrusion into the shipment, you do not have to accept the shipment from the carrier.
6.8 Additional rights and obligations of the parties during the transportation of goods may be regulated by our special delivery conditions, if issued by us.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of sections 1914 to 1925, sections 2099 to 2117 and sections 2161 to 2174 of the Civil Code).
7.2 We are liable for the goods being free of defects and in accordance with the Purchase Agreement upon receipt. In particular, we are liable for the fact that at the time you take over the goods:
7.2.1 the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties that we or manufacturer described or that you expected with regard to the nature of the goods and based on their advertising;
7.2.2 the goods are suitable for the purpose that we state for their use or for which goods of this type are usually used;
7.2.3 the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model;
7.2.4 the goods are in the appropriate quantity, measure or weight; and
7.2.5 the goods comply with the requirements of legal regulations.
7.3 The provisions set out in Article 7.2 do not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by you, or if it follows from the nature of the goods.
7.4 If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. You are entitled to exercise the rights from a defective performance that occurs in the consumer goods within twenty-four months of receipt.
7.5 Rights from defective performance can be exercised by you at the address of our place of business, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business as well as via e-mail to the e-mail address: info@cottonbundle.com.
7.6 Additional rights and obligations of the parties related to our liability for defects may be regulated by our complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 You acquire ownership of the goods by paying the full purchase price of the goods.
8.2 You acknowledge that the software and other components that make up the Store Web Interface (including photos of the offered goods) are protected by copyright. You undertake not to perform any activity that could allow you or third parties to interfere or use the software or other components that make up the Store Web Interface.
8.3 You are not entitled to use mechanisms, software or other procedures when using the Store Web Interface, which could have a negative impact on the operation of the Store Web Interface. The Store Web Interface can be used only to the extent that is not to the detriment of the rights of our other customers and which is in accordance with its purpose.
8.4 We handle consumer complaints via the e-mail address info@cottonbundle.com. We send information about handling your complaint to your email address.
8.5 Out-of-court settlement of consumer disputes arising from the Purchase Agreement is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, ID number: 000 20 869, internet address: https://adr.coi.cz/cs.
8.6 In relation to you, we are not bound by any codes of conduct in the sense of the section 1826 paragraph 1 letter e) of the Civil Code.
8.7 You acknowledge that we are not liable for errors caused by third party interventions in the Website or as a result of using the Website contrary to their purpose.
9. PERSONAL DATA PROTECTION
9.1 Personal data protection is governed by the Privacy Policy available at: https://www.cottonbundle.com/policies/privacy-policy
10. USE OF COOKIES
10.1 The cookies are used on the Website. The rules for their use is governed by the Cookie Policy available at: https://www.cottonbundle.com/pages/cookies-policy
11. FINAL PROVISIONS
11.1 The parties agree that relationship established by the Purchase Agreement and the Terms is governed by the laws of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
11.2 If any provision of these Terms is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision of which meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the Purchase Agreement or the Terms require written form.
In Prague on 01.09.2024
