Terms and conditions

I. Basic provisions

These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code").
- Vitaell s.r.o.
- IČ: 19082509
- DIČ: CZ9082509
- with headquarters: Školská 689/20, Prague, 110 00
- contact details:
- email: info@mavieelement.cz
- phone: 602159751
- www: www.mavieelement.cz
  
  (hereinafter referred to as the "seller")
These terms and conditions regulate the mutual rights and obligations of the seller and a individul who enters into a purchase agreement outside of their business activities as a consumer, or within their business activities (hereinafter referred to as the "buyer") through the web interface located on the website available at the internet address www.mavieelement.cz (hereinafter referred to as the "online store").
The provisions of the terms and conditions are an integral part of the sales contract. Deviating agreements in the sales contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the sales contract are concluded in the Czech language.

II. Information about goods and prices

Information about goods, including the prices of individual goods and their main characteristics, are provided for each item in the catalog of the online store. The prices of goods are stated including value added tax, all related fees, and costs for returning goods if the nature of the goods does not allow for them to be returned through regular mail. The prices of goods remain valid for the duration that they are displayed in the online store. This provision does not exclude the possibility of entering into a sales contract under individually negotiated conditions.
All product presentations in the catalog of the online store are for informational purposes only and the seller is not obligated to enter into a sales contract regarding these goods.
Information about the costs associated with packaging and shipping of goods is published in the online store. The information about the costs associated with packaging and shippiemail: info@mavieelement.cz
ng of goods listed in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.
Any discounts on the purchase price of goods cannot be combined unless otherwise agreed upon by the seller and the buyer.

III. Ordering and entering into a sales contract

The costs incurred by the buyer when using communication means at a distance in connection with entering into a sales contract (internet connection costs, telephone call costs) are to be borne by the buyer. These costs do not differ from the standard rate.
The buyer can place an order for goods in the following ways:
via their customer account if they have registered previously in the online store,
by filling out the order form without registration.
When placing an order, the buyer selects the goods, quantity of goods, payment method, and delivery method.
Before submitting the order, the buyer is allowed to review and modify the information provided in the order. The buyer sends the order to the seller by clicking on the "Submit Order" button. The information provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation by the buyer that they have read and agreed to these terms and conditions.
Immediately upon receiving the order, the seller will send a confirmation of receiving the order to the buyer's email address provided during the order. This confirmation is automatic and is not considered a contract. The confirmation email includes the current terms and conditions of the seller. The purchase contract is only concluded after the seller accepts the order. Notification of order acceptance is delivered to the buyer's email address. / Immediately upon receiving the order, the seller will send a confirmation of receiving the order to the buyer's email address provided during the order. This confirmation is considered a contract. The confirmation email includes the current terms and conditions of the seller. The purchase contract is concluded by the confirmation of the order by the seller to the buyer's email address.
If any of the requirements stated in the order cannot be met by the seller, the seller will send a modified offer to the buyer's email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is concluded by the buyer confirming acceptance of this offer to the seller at the email address provided in these terms and conditions.
All orders accepted by the seller are binding. The buyer may cancel the order until they receive a notification from the seller about the acceptance of the order. The buyer can cancel the order by phone at the phone number or email of the seller provided in these terms and conditions.
In the event of an obvious technical error on the seller's part regarding the price of goods in the online store, or during the ordering process, the seller is not obligated to deliver the goods to the buyer at this clearly incorrect price, even if an automatic confirmation of receiving the order has been sent to the buyer according to these terms and conditions. The seller will inform the buyer of the error without delay and send a modified offer to the buyer's email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is concluded by the buyer confirming acceptance at the seller's email address.

IV. Customer account

Based on the registration of the buyer in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is required to provide all information correctly and truthfully. The buyer must update the information in their user account whenever it changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is required to keep confidential the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not authorized to allow third parties to use their customer account.
The seller may cancel the user account, especially if the buyer does not use their user account for an extended period, or if the buyer breaches their obligations under the purchase agreement or these terms and conditions.
The buyer acknowledges that the user account may not be available continuously, especially considering the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

V. Payment terms and delivery of goods

The buyer may pay for the price of the goods and any costs associated with the delivery of the goods under the purchase agreement by the following methods:
- by Bank Transfer to the Seller's Account Number 9996669986/5500 Held at Raiffeisenbank
- by cash or card payment upon delivery of the goods
- by cash or card payment upon personal pickup at the Zásilkovna parcel pickup point.
Together with the purchase price, the buyer is obliged to pay the seller the packaging and delivery costs in the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with the delivery of the goods.
In case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within ... days of the conclusion of the purchase agreement.
In the case of payment via a payment gateway, the buyer must follow the instructions of the relevant electronic payment provider.
In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
The seller does not require any deposit or similar payment in advance from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.
According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in case of technical failure, within 48 hours at the latest.
The goods are delivered to the buyer:
- at the address specified in the buyer's order
- through a parcel collection point at the address of the collection point designated by the buyer
The choice of delivery method is made during the ordering of goods.
The costs of delivering the goods depending on the method of dispatch and receipt of the goods are stated in the buyer's order and in the order confirmation by the seller. If the delivery method is agreed upon based on a specific request from the buyer, the buyer bears the risk and any additional costs associated with this method of delivery.
If the seller is obliged to deliver the goods to the place specified by the buyer in the order according to the purchase agreement, the buyer is obliged to accept the goods upon delivery. If, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different way of delivery.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the goods packaging and immediately report any defects to the carrier. If any damage to the packaging indicating unauthorized entry into the shipment is found, the buyer is not obliged to accept the shipment from the carrier.
The seller issues a tax document - an invoice to the buyer. The tax document is sent to the buyer's email address./The tax document is attached to the delivered goods.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking possession of the goods. The responsibility for accidental destruction, damage, or loss of the goods passes onto the buyer at the moment of taking possession of the goods or at the moment when the buyer was obliged to take possession of the goods in accordance with the purchase agreement, but failed to do so.

VI. Withdrawal from contract

The buyer, who has entered into a purchase contract outside of their business activities as a consumer, has the right to withdraw from the purchase contract.
The withdrawal period from the contract is 14 days
from the date of receiving the goods,
from the date of receiving the last delivery of goods, if the contract involves several types of goods or the delivery of several parts
from the date of receiving the first delivery of goods, if the contract involves regular repeated deliveries of goods.
The buyer cannot withdraw from the purchase contract, among other things:
provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period from the contract and the seller informed the buyer before concluding the contract that in this case he has no right to withdraw from the contract,
delivery of goods or services whose price depends on fluctuations in the financial market independently of the seller's will and which may occur during the withdrawal period from the contract,
delivery of alcoholic beverages that can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
delivery of goods that have been tailored to the buyer's wishes or for his person,
delivery of perishable goods, as well as goods that have been irrevocably mixed with other goods after delivery,
delivery of goods in a sealed package that the buyer has removed from the packaging and for hygienic reasons cannot be returned,
delivery of sound or image recordings or computer program if he has violated their original packaging,
delivery of newspapers, periodicals, or magazines,
delivery of digital content if it has not been delivered on a material carrier and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period from the contract and the seller informed the buyer before concluding the contract that in this case he has no right to withdraw from the contract,
in other cases specified in § 1837 of the Civil Code.
To comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period from the contract.
The buyer can use the model withdrawal form provided by the seller to withdraw from the contract. The buyer sends the withdrawal from the purchase contract to the email or delivery address of the seller specified in these terms and conditions. The seller will promptly confirm to the buyer the receipt of the form.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
If the buyer withdraws from the contract, the seller will immediately, but no later than 14 days from the withdrawal from the contract, return to the buyer all money including delivery costs that he received in the same way. The seller will only return the received money to the buyer in a different way if the buyer agrees to it and if it does not incur additional costs.
If the buyer chose a different delivery method than the cheapest one offered by the seller, the seller will refund the buyer the costs of delivering the goods up to the amount corresponding to the cheapest offered delivery method.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer until the buyer hands over the goods or proves that the goods have been sent back to the seller.
The buyer must return the goods to the seller undamaged, unused, and uncontaminated, and if possible, in the original packaging. The seller is entitled to unilaterally set off any damages incurred on the goods against the buyer's claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to exhaustion of stock, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has interrupted the production or import of the goods. The seller will immediately inform the buyer via the email address provided in the order and will return all funds received, including delivery costs, within 14 days from the notification of withdrawal from the purchase contract, in the same manner, or as specified by the buyer.

VII. Rights from defective performance

The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time of receipt of the goods
the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, have the characteristics that the seller or manufacturer described, or that the buyer expected based on the nature of the goods and the advertising carried out by them,
the goods are suitable for the purpose for which the seller indicates for their use or for which goods of this kind are usually used,
the goods conform by quality or performance to the agreed sample or model, if the quality or performance was specified according to the agreed sample or model,
the goods are in the appropriate quantity, measure or weight and comply with the requirements of legal regulations.
The obligations arising from defective performance are at least to the extent that the obligations arising from defective performance of the manufacturer persist. Otherwise, the buyer is entitled to assert the right from a defect occurring in consumer goods within twenty-four months of receipt.
If the sold goods, their packaging, the instructions attached to the goods, or advertising indicate a duration for which the goods can be used in accordance with other legal regulations, the provisions on quality guarantee shall apply. The quality guarantee obliges the seller to ensure that the goods will be suitable for use for a certain period, or will retain their usual properties. If the buyer rightfully complains to the seller about a defect in the goods, the time for asserting rights under defective performance and the warranty period do not run for the period during which the buyer cannot use the defective goods.
The provisions mentioned in the previous paragraph of the terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by its normal use, or to a defect corresponding
In case of a defect, the buyer may submit a complaint to the seller and demand:
- exchange for a new product,
- repair of the product,
- a reasonable discount from the purchase price,
- to withdraw from the contract.
The buyer has the right to withdraw from the contract:
- if the goods have a significant defect,
- if the item cannot be properly used due to the repeated occurrence of defects or defects after repair,
- in the case of a larger number of defects in the goods.
A significant breach of the contract is such a violation of the contract that the party breaching the contract knew or should have known at the time of concluding the contract that the other party would not have entered into the contract if they had anticipated this breach.
In the case of a defect that constitutes a non-significant breach of the contract (regardless of whether it is a removable or non-removable defect), the buyer is entitled to have the defect remedied or to receive a reasonable discount from the purchase price.
If a removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a larger number of defects (usually at least three defects simultaneously), the buyer has the right to claim a discount from the purchase price, exchange of goods, or to withdraw from the contract.
When submitting a complaint, the buyer is obliged to inform the seller of the chosen right. A change of choice without the consent of the seller is only possible if the buyer requested the repair of a defect that turns out to be unremovable. If the buyer does not choose their right due to a significant breach of the contract in time, they have the same rights as in the case of a non-significant breach of the contract.
If repair or exchange of goods is not possible, based on withdrawing from the contract, the buyer may demand a full refund of the purchase price.
If the seller proves that the buyer knew about the defect in the goods before taking possession or caused it themselves, the seller is not obliged to comply with the buyer's claim.
The buyer cannot complain about discounted goods for which the discount was given for the specific reason.
The seller is obliged to accept the complaint at any business premises where the acceptance of the complaint is possible, as well as at the registered office or place of business. The seller is required to provide the buyer with a written confirmation of when the buyer asserted the right, the content of the complaint, the way the complaint is to be handled that the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
The seller or an authorized employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time necessary for a professional assessment of the defect based on the type of product or service. The complaint, including the removal of the defect, must be processed promptly, no later than 30 days from the date of filing the complaint, unless the seller and the buyer agree on a longer period. Failure to meet this deadline is considered a significant breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment of filing the complaint is considered to be the moment when the buyer expresses their will (asserting the right to faulty performance) to the seller.
The seller informs the buyer in writing about the outcome of the complaint.
The buyer is not entitled to the right of defective performance if the buyer knew before taking over the item that it had a defect, or if the buyer caused the defect themselves.
In case of a legitimate complaint, the buyer has the right to reimbursement of reasonable costs incurred in connection with the complaint. The buyer can exercise this right with the seller within one month after the warranty period has expired, otherwise the court may not grant it.
The buyer has the choice of how to claim.
The rights and obligations of the contracting parties regarding the rights of defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
Further rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.

VIII. Delivery

The contracting parties can mutually deliver all written correspondence via email.
The buyer delivers correspondence to the seller to the email address provided in these terms and conditions. The seller delivers correspondence to the buyer to the email address provided in their customer account or in the order.

IX. Personal data

All information you provide during our cooperation is confidential and we will treat it as such. Unless you give us written consent, we will not use your data for any purpose other than fulfilling the contract, except for the email address through which you may receive commercial communications, as permitted by law if you do not reject it. These communications may only relate to similar or related goods and can be easily unsubscribed at any time (by sending a letter, email, or clicking on a link in the commercial communication). The email address will be kept for this purpose for a period of 3 years from the last contract concluded between the contracting parties.
More detailed information on personal data protection can be found in the Privacy Policy HERE

X. Out-of-court dispute resolution

The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from a sales contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer under the sales contract.
The European Consumer Center Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and 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 Online Dispute Resolution for Consumer Disputes).
The seller is authorized to sell goods based on a business license. The business inspection is carried out by the relevant trade authority within its scope. The Czech Trade Inspection Authority, among other things, supervises compliance with Consumer Protection Act No. 634/1992.

XI. Final provisions

All agreements between the seller and the buyer are governed by the legal system of the Czech Republic. If a relationship established by a sales contract has an international element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
The seller is not bound by any codes of conduct in relation to the buyer under the provisions of § 1826 para. 1 letter e) of the Civil Code.
All rights to the seller's websites, especially copyright to the content, including the layout of the website, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the websites or their parts without the seller's consent.
The seller is not responsible for errors resulting from third-party interventions in the online store or its misuse. The buyer must not use procedures that could negatively affect its operation or perform any activities that could allow unauthorized interference or unauthorized use of the software or other components comprising the online store and use the online store or its parts or software in a manner contrary to its purpose.
The buyer hereby assumes the risk of changes in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.
A sample form for withdrawal from the contract is attached to the terms and conditions.

These terms and conditions shall become effective on 19.5.2023