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Terms and Conditions

business corporation Naomithebrand s.r.o., with registered office at Školská689/20, 110 00 Prague 1, ID No.: 19304196, a company registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert No. 168462, (hereinafter referred to as the "Seller") for the sale of goods through an online store operated at the Internet address www.naomi.cz.

1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the Seller regulate, within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising in connection with and/or on the basis of a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as "Buyer") through the Seller's online store. The Seller's online shop is operated on the internet address www.naomi.cz, through a web interface (hereinafter referred to as the "e-shop web interface") and exclusively on the territory of the Czech Republic.

1.2 The Terms and Conditions further regulate the rights and obligations of the parties when using the Seller's website located at www.naomi.cz (hereinafter referred to as the "Website") and other related legal relations.

1.3 The buyer is a consumer or entrepreneur. A consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with an entrepreneur or otherwise deals with him. An entrepreneur is a person referred to in Sections 420 and 421 of the Civil Code. The Terms and Conditions, in the parts regulating consumer rights, do not apply to cases where the person who intends to purchase goods from the seller is a legal person or a person acting in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession, or a person acting on behalf of an entrepreneur. For the purposes of the Terms and Conditions, an entrepreneur is therefore someone who acts in accordance with the preceding sentence in the course of his business. If the Buyer provides his/her identification number in the order, he/she acknowledges that the rules set out in the terms and conditions for entrepreneurs apply to him/her.

1.4 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.5 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.6 The Seller may amend or supplement the Terms and Conditions to a reasonable extent, without prejudice to the rights and obligations arising during the validity of the previous version of the Terms and Conditions. The Seller shall notify the Buyer of the change to the Terms and Conditions by posting it on the website or in any other appropriate manner at least 14 days before the proposed effective date, provided that the Buyer (if the Buyer or the Purchase Agreement is subject to the change to the Terms and Conditions) shall be entitled to reject the change to the Terms and Conditions within the aforementioned period (i.e. before the change becomes effective) and to terminate the obligation on that basis. If the Buyer does not notify in writing his/her disagreement with the proposed change before the effective date of the change in the terms and conditions, the Buyer shall be deemed to have accepted the proposed change in the terms and conditions. The same shall apply if the Buyer agrees to the Terms and Conditions by placing an order pursuant to Article 3.4 of these Terms and Conditions or by logging into his/her user account, if established (see below).

2. USER ACCOUNT

2.1 Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the e-shop allows it, the Buyer can also order goods without registration.

2.2 For the purposes of registration of the Buyer on the website, its use by the Buyer and for the purposes of ordering goods and the conclusion and performance of the purchase contract, the Buyer is obliged to provide the Seller, to the extent requested by the Seller, with correct, complete and truthful data concerning the Buyer, which by their nature may be personal data of the Buyer. The data provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller. The Buyer is obliged to notify the Seller immediately after the change of the data provided by the Buyer. The Seller shall not be liable for any damage incurred by the Buyer or a third party as a result of the Buyer's breach of its obligations under this Article 2.2 of the Terms and Conditions.

2.3 Authorised access to the user account is only possible after entering the buyer's username and password on the website. The Buyer shall keep his/her username and password confidential and shall not disclose it to any person and acknowledges that the Seller shall not be liable for any unauthorised access to the User Account or any damage arising in connection with unauthorised access to the Buyer's User Account.

2.4 The Buyer is not entitled to allow third parties to use the user account.

2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 1 year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.6 The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third party hardware and software equipment.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1 The web interface of the e-shop contains a list of goods offered for sale by the Seller, including the prices of each offered item. The prices of the goods offered are inclusive of value added tax and all related charges, excluding shipping and delivery costs. The offer for sale of goods and the prices of such goods remain valid for as long as they are displayed in the web interface of the e-shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. All presentation of goods in the Seller's online shop is informative and does not constitute an offer to conclude a purchase contract or a proposal to deliver goods within the meaning of Section 1732 of the Civil Code. All offers for sale of goods in the Seller's online shop (including, where applicable, the indicative usual delivery or dispatch time) are non-binding and the Seller is not obliged to conclude a purchase contract in respect of the presented goods.

3.2 The web interface of the e-shop also contains information about the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.

3.3 To order goods, the buyer fills in the order form in the web interface of the e-shop, in particular information about:

  • required by the Seller;
  • the goods ordered by the buyer (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the e-shop);
  • the method of payment of the purchase price chosen by the buyer;
  • details of the required method of delivery of the goods ordered; and

the order will always include information about the total price of the goods purchased and the costs associated with their delivery and a reference to these General Terms and Conditions (hereinafter collectively referred to as the "order").

3.4 The Buyer sends the order to the Seller by clicking on the "ORDER AND PAY" button. Before sending the order to the Seller, the Buyer is allowed to check and change the data he has entered in the order form and to get acquainted with these General Terms and Conditions. By sending the order, the Buyer confirms that he/she has read these General Terms and Conditions, and their integral parts, which are their annexes "Complaints Procedure" and "Method of Transportation", "Method of Payment" and "Privacy Policy", and that he/she agrees to them, in the version valid and effective at the time of sending the order.

3.5 The Buyer declares that the information provided in the order is correct, complete and true. Immediately upon receipt of the order, the Seller shall confirm to the Buyer by electronic mail the acceptance of the order for further processing, to the Buyer's electronic mail address indicated in the user interface or in the order (hereinafter referred to as the "Buyer's electronic address"), by sending a document entitled "Confirmation of acceptance of order No. xxxxx", to which the Seller's General Terms and Conditions shall be an attachment.

3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by telephone).

3.7 The conclusion of the Purchase Contract does not occur when the Buyer sends the order to the Seller. The purchase contract between the seller and the buyer is only concluded at the moment of:

a) acceptance of the goods by the buyer in the case of personal collection at the seller's premises; or

b) at the moment of delivery of information about the acceptance of the order by the Seller to the Buyer. The Seller shall confirm the acceptance of the Buyer's order by sending the Buyer a document entitled "Confirmation of dispatch of order No. xxxxx + Invoice enclosed". A copy of the Terms and Conditions will also be sent to the Buyer as an attachment to the "Confirmation of Order No. xxxxx + Invoice attached", to the Buyer's e-mail address, if not already received earlier. Conclusion of the Purchase Contract without negotiation of all its details as stipulated by the Civil Code is excluded within the meaning of the provisions of § 1726 of the Civil Code. Furthermore, in accordance with Section 1740(3) of the Civil Code, the Seller excludes the acceptance of an offer with an amendment or deviation.

3.8 The Buyer acknowledges that in the case where the subject of the purchase is a motor or electric vehicle, it is not possible to conclude a purchase contract by distance. In such a case, the moment of conclusion of the purchase contract is deemed to be the signing of the handover protocol by the buyer at the seller's premises.

3.9.The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, especially with persons who have substantially breached their obligations towards the Seller.

3.10. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer.

3.11. The Buyer acknowledges that the availability of the goods presented in the Seller's online store is subject to stock and the Seller does not guarantee the availability of the goods. In the event that the Buyer orders goods that are not available from the Seller, the Seller will send the Buyer an e-mail message about the unavailability of the goods. By sending the e-mail message to the Buyer according to the previous sentence, the order is no longer binding to the extent of the unavailable goods; the other parts of the order remain unaffected.

3.12. The concluded contract is stored with the Seller and the Buyer has no access to it after its conclusion. This does not exclude the Buyer's right to send information about the receipt (acceptance) of the order called "Confirmation of sending order No. XXXXX + Invoice attached" according to the following provision of the Terms and Conditions.

3.13. Information about the acceptance of the order by the Seller towards the Buyer according to

Article 3.7. of these Terms and Conditions, entitled "Confirmation of sending order No. xxxxx + Invoice attached", sent to the Buyer's electronic address must contain the following data:

  1. information on the main characteristics of the goods or services to the extent appropriate to the means of distance communication used and the nature of the goods or services,
  2. identity data of the Seller,
  3. the address of the registered office, telephone number and address for the delivery of electronic mail, or, where applicable, the details of any other means of online communication which the seller also provides for the purpose of fast and efficient communication and which enables the buyer-consumer to store written communication with the seller in text form, including the date and time of its execution; if the seller acts on behalf of another entrepreneur, also details of his identity and registered office,
  4. the address of the establishment, if different from the registered office, and, if the seller is acting on behalf of another trader, the address to which the consumer can send a complaint,
  5. the total price and the cost of delivery as referred to in points (c) and (e) of Article 1811(2); in the case of a contract of indefinite duration or a contract for repeated performance, it shall also communicate this figure for a single billing period, which shall always be one month, provided that the price is fixed,
  6. an indication that the price has been adapted to the personality of the consumer purchaser on the basis of automated decision-making, if the price has been so adapted,
  7. the cost of means of distance communication, if different from the basic rate,
  8. the method of payment, the method and time of delivery or performance and, where applicable, the rules for handling complaints,
  9. the conditions, time limit and procedure for exercising the right to withdraw from the contract, if this right can be exercised; the details of the model form shall be laid down in the implementing legislation,
  10. an indication that in the event of withdrawal from the contract, the Buyer shall bear the costs of returning the goods and, in the case of a contract concluded by means of distance communication, the costs of returning the goods if they cannot be returned by the usual postal method due to their nature,
  11. an indication that, if the contract is withdrawn after a request for commencement of performance has already been made during the withdrawal period pursuant to section 1824a(3) or section 1828(5), the consumer purchaser must provide the seller with a refund pursuant to section 1834,
  12. an indication that the consumer purchaser does not have the right to withdraw from the contract, if this is the case, or an indication of the conditions under which the right of withdrawal will expire,
  13. information on the existence of rights arising from defective performance, including, where applicable, the quality guarantee, after-sales service and their conditions,
  14. an indication of the Code of Conduct, if the seller has undertaken to comply with it in relation to any business practice or sector of his business, and how to obtain a copy of it,
  15. an indication of the duration of the commitment and the conditions for termination of the commitment if the contract is to be for an indefinite period or if the commitment is to be automatically renewed,
  16. the shortest period of time for which the consumer purchaser's obligations under the contract, if any, are to be determined by the contract,
  17. an indication of the obligation to pay an advance or similar payment, if required, and its conditions,
  18. data on functionality, compatibility and interoperability as referred to in points (h) and (i) of Section 1811(2), and
  19. information on the existence, method and conditions of out-of-court settlement of consumer disputes, including whether a complaint can be made to a supervisory or state supervisory authority.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1 All prices of goods are contractual. The web interface of the e-shop always shows the current and valid prices. The prices are final, i.e. including VAT and any other taxes and charges that the consumer must pay to obtain the goods, but not including any charges for transport, postage, etc.

4.2 Any promotional prices are valid until the stock is sold out when the number of promotional items is indicated or for a period of time specified.

4.3 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

a) in cash at the seller's premises

b) in cash on delivery at the place specified by the buyer in the order

c) in a non-cash manner to the seller's account

d) by cashless payment card

(e) through a loan granted by a third party

4.4.The invoice containing the basic data of the contract, including the receipt according to the Sales Registration Act and the tax document, will be sent to the Buyer's e-mail address specified in the order. The Buyer expressly agrees to this procedure. The invoice is also available after logging into the Buyer's user account.   If you wish to receive an invoice in paper form, you can request it by emailing info@naomi.cz.

4.5 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.6 In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods.

4.7 In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.

4.8 The Seller is entitled to demand payment of the full purchase price at any time before the goods are shipped to the Buyer. The application of Section 2119 (1) of the Civil Code is excluded.

4.9 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

Withdrawal from the purchase contract by the consumer buyer

5.1 In accordance with Section 1829.1 of the Civil Code, the Buyer Consumer may withdraw from the Purchase Contract within 14 days of receipt of the goods if the Purchase Contract was concluded by means of distance communication. If the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. If the consumer decides to exercise this right, he must send the withdrawal to the seller no later than the 14th day after receipt of the goods. The buyer shall bear the costs of returning the goods to the seller and the direct costs of returning the goods if they cannot be returned by the usual postal method due to their nature. The maximum cost in such a case is estimated at CZK 5.000,-.

5.2 If the consumer has been prejudiced in his rights by an unfair practice, he may, in addition to the claims arising from the Civil Code:

a) withdraw from the contract within 90 days of the date of conclusion of the contract, or

(b) require a reasonable reduction in the price to the extent appropriate to the nature and gravity of the unfair commercial practice.

The consumer cannot withdraw from the contract within 90 days from the date of conclusion of the contract if the seller proves that this is unreasonable in view of the subject matter of the contract, the nature and seriousness of the unfair commercial practice.

5.3. The consumer may withdraw from the purchase contract by any unambiguous statement made to the seller, or the buyer can electronically fill in and send the withdrawal form on the seller's website www.naomi.cz. If the Buyer makes use of this option, the Seller will send the Buyer an acknowledgement of receipt of this notice of withdrawal immediately. The withdrawal form is available to the Buyer on the Seller's website www.naomi.cz, link www.naomi.cz/reklamacni-rad/.

5.4 The Buyer may send the withdrawal from the Purchase Contract to the Seller's business address or to the Seller's electronic mail address reklamace@naomi.cz. In case of withdrawal from the contract according to Article 5.1 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the Seller within 14 calendar days from the date of sending the withdrawal to the Seller, unless the Seller has offered to collect the goods himself. The goods must be returned to the seller undamaged and unworn and, if possible, in their original packaging. The buyer understands that he is entitled to inspect and test the goods within the 14 day period. This testing is only for the purpose of the necessary familiarisation with the characteristics and functions of the goods, to the same extent as when the goods are purchased in a bricks and mortar shop. Otherwise, the use of the goods would be a use which would diminish their value. The buyer is nevertheless entitled to withdraw from the contract of sale, but is liable to the seller for any diminution in the value of the goods which results from handling the goods in a manner other than that necessary for the buyer to become familiar with the nature, characteristics and functionality of the goods. The seller is entitled to deduct such depreciation from the purchase price.

5.5 In the event of withdrawal from the contract according to Article 5.1 of the Terms and Conditions, the Seller shall return to the Buyer within 14 days of withdrawal from the contract all funds, including delivery costs, received from him under the contract in the same manner. The Seller shall only return the funds received to the Consumer in another way if the Consumer has agreed to this and if no additional costs are incurred. If the buyer chooses a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery offered. If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods to the seller or proves that he has sent the goods to the seller.

5.6 Except where withdrawal is expressly provided for, the consumer may not withdraw from contracts:

(a) for the provision of services, if they have been provided in full; in the case of a performance for consideration, only if the performance has begun with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that the provision of the performance extinguishes the right to withdraw from the contract,

(b) the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the entrepreneur's will and which may occur during the withdrawal period,

(c) for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, with the proviso that delivery can only be made after a period of thirty days and the actual value of the price depends on market fluctuations independent of the entrepreneur's will,

(d) the supply of goods made to the consumer's requirements or adapted to his personal needs,

(e) the delivery of perishable or short-lived goods or goods which, by their nature, have been irretrievably mixed with other goods after delivery,

(f) for urgent repairs or maintenance to be carried out at a place designated by the consumer at his express request; however, this shall not apply to the carrying out of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance,

(g) the supply of goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after having been breached by the consumer,

(h) the supply of an audio or visual recording or a computer program in sealed packaging if the consumer has breached it,

(i) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for their supply,

(j) for accommodation, carriage of goods, hire of means of transport, meals or leisure, if the contract is to be performed on a specific date or within a specific period,

(k) concluded by public auction under any other law at which the consumer may be physically present; or

(l) the delivery of digital content not delivered on a tangible medium after the performance has begun; in the case of a performance for consideration, if the performance has begun with the prior express consent of the consumer before the expiry of the withdrawal period, the consumer has been informed that the right to withdraw from the contract is thereby extinguished and the seller has provided him with a confirmation pursuant to Section 1824a(1) and (2) or Section 1828(3) and (4) of the Civil Code.

5.7 The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller is entitled to compensation for the damage incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price.

5.8 Until the goods are accepted by the buyer, the seller is entitled to withdraw from the contract at any time. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.

5.9. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the consumer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller.

5.10 In the event that the Consumer withdraws from the Purchase Agreement within the fourteen (14) day period, the Seller shall be entitled to refund the postage only in the amount of the cheapest postage offered that the Buyer could have chosen to deliver his order. This does not mean, however, that the Seller may not, of its own volition, refund the entire postage paid by the Buyer if it is higher than the lowest postage offered to the Buyer.

Withdrawal from the Purchase Contract by the Buyer Entrepreneur

If the buyer is an entrepreneur, the relevant provisions of the Civil Code as amended shall apply to the withdrawal from the purchase contract. If the business buyer is allowed to withdraw from the purchase contract within a period of fourteen days, the buyer acknowledges that the refunded purchase price may be reduced by the reduction in the value of the goods.

Withdrawal from the purchase contract by the seller

The Seller reserves the right to withdraw from the concluded purchase contract in the event that the Buyer ordered goods under this purchase contract, the price of which was clearly disproportionate to the value of the goods (obvious error in the price of the goods). The Seller may only withdraw from the purchase price in this way if the obviously unreasonable price indicated on the e-commerce website was caused unknowingly.

The Seller is entitled to withdraw from the Purchase Contract within 14 days from the day following the date of conclusion of the Purchase Contract between the Buyer and the Seller by the Seller cancelling the order or otherwise indicating to the Buyer that it is withdrawing from the Contract.

If the buyer has already paid at least part of the purchase price of the goods, this amount will be transferred back to his bank account no later than 14 days after the day following the date of withdrawal from the contract by the seller.

6. TRANSPORT, DELIVERY AND ACCEPTANCE OF GOODS

6.1 The method of delivery of the goods is determined by the Seller, unless otherwise specified in the Purchase Agreement. If the method of delivery is agreed upon at the request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery. The Buyer expressly acknowledges that the Seller does not deliver goods abroad.

6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.

6.3.In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.

6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. By signing the delivery note, the Buyer confirms that the shipment of goods has met all conditions and requirements. In the event that the goods are damaged, even if the packaging is not broken, the buyer is obliged to inform the carrier and subsequently the seller as soon as possible. In the event that the shipment shows signs of damage, the Seller recommends that the shipment not be accepted by the Buyer. An additional claim of incompleteness or external damage to the consignment does not deprive the Buyer of the right to claim the item, but it gives the Seller the opportunity to prove that there is no breach of the purchase contract.

6.5 Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller. If no time of performance is agreed, the Seller shall hand over the goods to the Buyer without undue delay after the conclusion of the contract, but within thirty days at the latest. If the buyer does not take possession of the goods within the time specified in paragraph 1, the seller shall be entitled to payment for storage. If the parties do not agree on the amount, the usual amount shall be deemed to be agreed.

6.6 The Buyer acknowledges that the selected goods may have a condition - free shipping. This condition applies to that particular product of goods. If the Buyer orders more than one product, where one or more of the products is with the condition "free shipping", and these products can be put into one package, then free shipping applies to the other products so packaged. If the dimensions or shapes of the various products ordered do not allow them to be collected in one package, then the shipping/postage charges apply to the other products according to the tariff.

7. RIGHTS FROM DEFECTIVE PERFORMANCE, QUALITY GUARANTEE

7.1 The rights and obligations of the contracting parties with regard to rights from defective performance are governed by the relevant generally binding legal regulations, in particular Act No. 89/2022 Coll., the Civil Code, as amended, Act No. 634/1992 Coll., on Consumer Protection, as amended, and the Seller's Complaints Procedure.

7.2 The Seller shall be liable to the Consumer that the item is free from defects upon receipt. In particular, the seller is liable to the buyer that the item:

  • conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
  • it is fit for the purpose for which the buyer requires it and to which the seller has agreed; and
  • is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
  • the goods correspond in quality or workmanship to the agreed sample or sample provided by the seller to the buyer before the conclusion of the contract.

7.3 The Seller shall be liable to the Buyer that in addition to the agreed characteristics:

  • the goods are fit for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
  • the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the buyer may reasonably expect, including in the light of public statements made by the seller or by another person in the same contractual chain, in particular by advertising or labelling,
  • the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use which the buyer can reasonably expect,
  • the goods correspond in quality or workmanship to the agreed sample or sample provided by the seller to the buyer before the conclusion of the contract.

Paragraph 7.3. does not apply if the seller has specifically advised the buyer prior to the conclusion of the contract that a feature of the item is different and the buyer has expressly agreed to this when concluding the contract.

7.4 The Seller shall also be liable to the Buyer for any defect caused by improper assembly or installation, which was carried out by the Seller or under his responsibility according to the contract. This shall also apply if the assembly or installation was carried out by the Buyer and the defect is due to a deficiency in the instructions provided by the Seller or the provider of the digital content or digital content service, if the item has digital characteristics.

7.5 If the item does not have the above-mentioned characteristics, the consumer may demand its removal. The consumer may, at his/her option, demand the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other. This shall be assessed, in particular, having regard to the significance of the defect, the value which the item would have had without the defect and whether the defect can be remedied by the second method without significant inconvenience to the consumer. The consumer shall not be entitled to a defective performance right if the consumer knew before taking delivery that the goods were defective or if the consumer caused the defect. In addition, wear and tear caused by normal use of the goods shall not constitute a defect in the case of a used item, but wear and tear corresponding to the extent of its previous use.

7.6 The consumer may demand a reasonable discount or withdraw from the contract if:

  • the seller refused to remedy the defect or failed to remedy it in accordance with the law
  • the defect manifests itself repeatedly
  • the defect is a material breach of contract
  • or it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

7.7 The consumer is entitled to claim rights from defective performance that occurs with new consumer goods within two years of receipt. If the consumer has rightfully accused the seller of a defect in the goods, the period for exercising rights of defective performance and the warranty period, if a quality guarantee has been provided, shall not run for the period during which the consumer cannot use the defective goods. In the case of second-hand goods, the period for exercising rights under the defective performance may be reduced to 12 months, such reduction being indicated by the seller on the sales document. The seller shall not be liable for any increase in the extent of the damage if the buyer uses the goods although he is aware of the defect. If the defect manifests itself within one year of receipt, the goods shall be deemed to have been defective at the time of receipt, unless the nature of the goods or the defect precludes this. This period does not run for the time during which the buyer cannot use the thing, if he has rightly pointed out the defect.

7.8 If the Seller has provided a quality guarantee in excess of its statutory obligations, its application is governed by the Complaints Procedure, unless the confirmation of the Seller's obligations arising from defective performance, the guarantee certificate or the contract provides otherwise. By guaranteeing quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time.

7.9 The Seller may refuse to remove the defect if it is impossible or unreasonably costly to do so, especially with regard to the significance of the defect and the value the item would have without the defect.

7.10. The Buyer's rights arising from the Seller's liability for defects shall be exercised by the Buyer at all of the Seller's premises, by telephone at +420 277 278 278 or by e-mail at reklamace@naomi.cz. Claims can also be made online by filling in the claim form on the website www.naomi.cz/reklamacni-rad/.  If, however, another person is designated to carry out the repair at the Seller's location or at a location closer to the Buyer, the Buyer shall reproach the person designated to carry out the repair.

The Seller is obliged to issue a written confirmation to the Buyer when the claim is made, in which he indicates the date when the Buyer made the claim, what is its content, and what method of handling the claim the consumer requires and the contact details of the Buyer for the purpose of providing information on the handling of the claim. In the event of rejection of the claim, the Seller shall send the Buyer a written justification for the rejection of the claim. This obligation also applies to other persons designated by the seller to carry out the repair.

7.11. The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable.

7.12. Whoever has a right from defective performance is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the seller does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.

9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

9.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.

9.2 The Buyer acknowledges that the software and other components of the web interface of the e-shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the e-shop.

9.3 The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the e-shop. The web interface of the e-shop may only be used to the extent that is not detrimental to the rights of other customers of the Seller and that is in accordance with its purpose.

9.4 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1) of the Civil Code. Out-of-court handling of consumer complaints is provided by the Seller via the electronic address info@naomi.cz.

9.5 The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.

9.6 Pursuant to Act No. 634/992 Coll., on Consumer Protection, the consumer has the right to an out-of-court settlement of a dispute arising from a consumer contract (hereinafter referred to as "consumer dispute") if the performance takes place in the Czech Republic; in other cases only if the performance is related to business activities carried out in the Czech Republic. The consumer's right to out-of-court settlement of a consumer dispute does not apply to contracts concluded. Pursuant to the provisions of Section 1820(1)(j) and Section 14(1) and Section 20d et seq. of Act No. 634/1992 on Consumer Protection, the purchaser-consumer acknowledges that the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract. Out-of-court dispute resolution is initiated exclusively at the consumer's request. The application may be submitted within 1 year from the date on which the consumer first exercised his/her right, which is the subject of the dispute, with the seller.

9.7 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: 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 online dispute resolution for consumer disputes).

9.8. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised 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.

9.9 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

10. DATA PROTECTION, SENDING COMMERCIAL COMMUNICATIONS

10.1.The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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 referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations on the Purchase Agreement and for the purposes of the performance of the Seller's public law obligations by means of a separate document, in accordance with the Privacy Policy.

10.2.The Buyer agrees, in accordance with the provisions of § 7, paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on certain information society services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic 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 separate document.

10.3 The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without the storage of cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.

11. SUBMISSION

11.1 Unless otherwise agreed, all correspondence related to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail through the postal service provider (at the sender's choice). The Buyer shall be delivered to the e-mail address indicated in his user account or order, as the case may be.

11.2 The message is delivered:

  • in the case of delivery by electronic mail, the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
  • in the case of delivery in person or through a postal service operator, by the recipient taking delivery of the parcel,
  • in the case of delivery in person or through a postal service operator, also by refusing to accept the consignment if the addressee (or a person authorised to accept the consignment on his/her behalf) refuses to accept the consignment,
  • in the case of delivery through a postal service operator, the expiry of the period of ten (10) days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not been informed of the deposit.

12. TERMS AND CONDITIONS FOR THE USE OF GIFT VOUCHERS WWW.NAOMI.CZ

12.1 The value indicated on the voucher (100 CZK, 200 CZK, 500 CZK, 1,000 CZK, 2,000 CZK, 5,000 CZK or 10,000 CZK) will be deducted from the price of the purchase in the online store www.naomi.cz where you can use the same and higher price with any additional payment. You cannot use a purchase value lower than the one indicated on the voucher.

12.2 The voucher cannot be exchanged for money. The voucher cannot be exchanged for lower values. The value of the voucher can only be redeemed by a single purchase of the total value or more, with a top-up by another payment method.

12.3 In the case of goods for the purchase of which a gift voucher has been redeemed, you may be refunded (in the event of withdrawal from the purchase contract or in the event of a legitimate complaint) by means of a replacement gift voucher or by creating an adequate credit for the purchase of other goods.

12.4 The voucher is valid for 120 days from the date of purchase, after which it becomes invalid.

12.5 The voucher can only be used to pay for purchases in the online shop at www.naomi.cz.

12.6 By purchasing a voucher you agree to the terms and conditions for the use of the voucher.

12.7 Vouchers are sent electronically only to the Client's e-mail. The voucher number is generated at the time of invoicing, only the owner of the voucher knows the code for use in the online shop www.naomi.cz.

13. RULES FOR HANDLING COMPLAINTS

13.1 A complaint or suggestion (hereinafter referred to as "Complaint") shall be deemed to be a written submission by the Buyer in which the Buyer raises objections to the manner of presentation and sale of the Seller's goods.

13.2 The Buyer submits a Complaint:

  1. in writing to the address of the Seller's registered office;
  2. by electronic mail to the e-mail address info@naomi.cz.

13.3 The complaint shall include

  1. identification data of the Buyer, including the name and surname of the natural person, the name of the legal entity, the address of permanent residence, registered office, identification number and, if applicable, e-mail address, or identification data of the Buyer's contact person,
  2. the subject matter of the Complaint, together with the facts giving rise to the Complaint,
  3. documents or information proving the validity of the Complaint.

13.4 If the Complaint contains the essential elements referred to in Article 14.3 and it can be determined from the Complaint what its subject matter is, the Seller shall ensure that the Complaint is registered, assessed and evaluated. If the Complaint does not contain the particulars set out in Article 14.3, the designated responsible person shall invite the Complainant to complete the Complaint or to remedy the deficiencies in the original Complaint.

13.5 If the Complaint received meets the requirements under Article 14.3, the Seller's authorised person shall assess and evaluate the validity of the Complaint and ensure its resolution.

13.6 The Seller shall deal with the Complaint within 30 days from the date of its receipt and within that period also inform the Complainant in writing of the manner of dealing with the Complaint. In justified cases, the Seller shall be entitled to extend the time limit under the previous sentence by a further 30 days from the date of expiry of the original time limit for handling the Complaint; the Seller shall inform the Complainant of the extension of the time limit without undue delay and shall also inform the Complainant of the reasons for the extension of the time limit.

13.7 The Seller records complaints to the following extent:

  1. identification data of the Buyer, including the name and surname of the natural person, the name of the legal entity, the address of permanent residence, registered office, identification number and, if applicable, e-mail address, or identification data of the Buyer's contact person,
     
  2. the subject of the Complaint,
     
  3. the date of delivery of the Complaint,
     
  4. identification of the fact against which the Complaint has been lodged,
     
  5. assessing the validity of the Complaint,
     
  6. how the Complaint will be handled,
     
  7. the measures taken to deal with the Complaint,
     
  8. the date the Complaint was processed.

14. FINAL ARRANGEMENTS

14.1 If the relationship related to the use of the Website or the legal relationship based on the Purchase Agreement contains an international element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

14.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

14.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

14.4 Contact details of the Seller: delivery address SHOP TRADING s.r.o., Komenského 63, 543 01 Vrchlabí, e-mail: info@naomi.cz, telephone: 277 278 278.

These Terms and Conditions shall apply and be effective from 6 January 2023.

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