CZK Kč
en-us
  • cs
  • en-us
Cart
0
0.00 Kč

Terms and Conditions

These general terms and conditions ("Terms") govern the rights and obligations of you, as buyers, and us, as sellers, within the framework of contractual relationships concluded through the E-shop on the website https://www.malvy.cz

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here https://www.malvy.cz/terms-and-conditions

As you probably know, we primarily communicate remotely. Therefore, it also applies to our Agreement that means of remote communication are used, which allow us to come to an agreement without the simultaneous physical presence of Us and You.

If any part of the Terms and Conditions contradicts what we agreed upon together as part of the process of your purchase on Our E-shop, this specific agreement will take precedence over the Terms.

1. SOME DEFINITIONS

o Price is the financial amount you will pay for the Goods;

o The price for transport is the financial amount that you will pay for the delivery of the Goods, including the price for its packaging;

o The total price is the sum of the Price and the Shipping Price;

o VAT is value added tax according to applicable legal regulations;

o E-shop is an online store operated by Us at the address Františka Malíka 988/53, Most, 43401, where the purchase of Goods will take place;

o An invoice is a tax document issued in accordance with the Value Added Tax Act on the Total Price;

o I Michaela Holečková, with registered office at Františka Malíka 988/53, Most, 43401

o ID 19895593, email malvy@malvy.cz, referred to by law as the seller;

o The order is your irrevocable proposal to conclude a contract for the purchase of goods with Us;

o The contract is a purchase contract concluded on the basis of a duly completed Order sent via the E-shop, and is concluded when you receive confirmation of the Order from Us;

o A user account is an account established on the basis of the data provided by you, which enables the storage of entered data and the storage of the history of ordered Goods and concluded Contracts;

o You are a person shopping on Our E-shop, referred to by law as a buyer;

o Goods are everything you can buy in the E-shop.

2. General provisions and instructions

  • Purchase of Goods is possible only through the web interface of the E-shop.
  • When purchasing Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct and true.

3. CONCLUSION OF CONTRACT

  • It is possible to conclude a contract with Us only in the Czech language.
  • The contract is concluded remotely via the E-shop, while the costs of using remote communication means are covered by you. However, these costs do not differ in any way from the basic rate that you pay for the use of these resources (that is, especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use the means of remote communication.
  • In order for us to conclude the Contract, you need to create a draft Order on the E-shop. This proposal must include the following information:

1. Information about the purchased Goods (in the E-shop, you indicate the Goods you are interested in purchasing with the "Add to basket" button);

2. Information on the Price, Shipping Price, method of payment of the Total Price and required method of delivery of the Goods; this information will be entered as part of the creation of the draft of the Order within the user environment of the E-shop, while information on the Price, Shipping Price and Total Price will be entered automatically based on the Goods selected by you and the method of their delivery;

3. Your identification data used to enable us to deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address;

4. In the case of a Contract based on which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.

  • During the creation of the draft of the Order, he can change and check the data until the time of its creation. After performing the check by pressing the "Order binding for payment" button, you will create the Order. But before pressing the button, you still have to to confirm your familiarity with and agreement with these Terms, otherwise it will not be possible to create an Order. The check box is used for confirmation and consent. After pressing the button "Order binding for payment", all the filled-in information will be sent directly to Us.
  • We will confirm your Order as soon as possible after it has been delivered to Us with a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Contract between Us and You is concluded. The terms and conditions in the wording effective on the date of the Order form an integral part of the Agreement.
  • o There may also be cases where we will not be able to confirm your Order. These are especially situations where the Goods are not available or cases where you order a larger number of Goods than is allowed on our part. However, we will always provide you with information on the maximum number of Goods in advance within the E-shop, so it should not be surprising to you. In the event that there is any reason for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the contract is concluded when you confirm Our offer.
  • o In the event that an obviously incorrect Price is stated in the E-shop or in the draft Order, we are not obliged to deliver the Goods to you at this Price even if you have received confirmation of the Order, and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded at the moment when you confirm Our offer. If you do not confirm our offer even within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or missing.
  • o In the event that the Contract is concluded, you are obligated to pay the Total Price.
  • o If you have set up a User Account, you can place an Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification data.
  • o In some cases, we allow you to use a discount for the purchase of Goods. In order to provide a discount, you need to fill in the information about this discount in the predetermined field as part of the draft Order. If you do so, the Goods will be provided to you at a discount.

4. User account

  • o Based on your registration in the E-shop, you can access your User account.
  • o When registering a User Account, it is your duty to enter all data correctly and truthfully and to update them in the event of a change.
  • o Access to the User account is secured by a username and password. It is your duty to maintain confidentiality regarding these access codes and not to provide this data to anyone. In the event that they are misused, we bear no responsibility.
  • o The user account is personal and you are therefore not authorized to enable its use by third parties.
  • o We may cancel your User Account, especially if you have not used it for more than 5 years or if you breach your obligations under the Agreement.
  • o The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

5. PRICING AND PAYMENT TERMS, RESERVATION OF TITLE

  • o The price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancybetween the Price specified for the Goods in the E-shop and the Price specified in the draft Order, the Price specified in the draft Order shall apply, which will always be identical to the price in the Contract. As part of the draft Order, the Price for shipping, or the conditions under which shipping is free, is also indicated.
  • o The total price is stated including VAT, including all fees established by law.
  • o We will require you to pay the Total Price after concluding the Contract and before handing over the Goods. You can pay the Total Price in the following ways:
  • 1. By card online. In such a case, the payment via the payment gateway takes place immediately, and the payment is governed by the conditions of this GoPay payment gateway. In case of payment by card online, the Total price is payable within 5 working days.
  • o The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
  • o Ownership of the Goods is transferred to you only after you pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the Total price is paid by crediting to Our account, in other cases it is paid at the time of payment.

6. DELIVERY OF GOODS, PASSING OF RISK OF DAMAGE TO THINGS

  • o The goods will be delivered to you in the manner of your choice, and you can choose from the following options:
  • 1. Personal collection at the delivery points of the company Zásilkovna
  • 2. Delivery via transport companies Zásilkovna, PPL, Hermes
  • 3. Personal collection at PPL company outlets
  • o Goods can only be delivered within the Czech Republic, Slovakian Republic and Germany
  • o The delivery time of the Goods always depends on its availability and on the chosen method of delivery and payment. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you about the possibility of picking up the Goods via e-mail.
  • o After receiving the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us immediately of this fact. In the event that there is a defect in the packaging that indicates unauthorized handling and entry into the shipment, it is not your duty to accept the Goods from the carrier.
  • o In the event that you breach your obligation to take over the Goods, with the exception of cases according to Article 4 of the Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the Agreement due to your substantial breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement is fined in the amount of CZK 120 as damages (packaging, postage) and in the case of a refund, they are automatically deducted.
  • o If, for reasons arising from your side, the Goods are delivered repeatedly or in a different way than was in the Contract agreed, it is your responsibility to compensate Us for the costs associated with this repeated delivery. We will send you the payment details for paying these costs to your e-mail address specified in the Contract and they are due 14 days after the e-mail is delivered.
  • o Dangerous damage to the Goods passes to you at the moment you take them over. In the event that you do not take over the Goods, with the exception of cases according to Article 4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part the takeover did not take place. The transfer of the risk of damage to the Goods means that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
  • o In the event that the Goods were not listed as in stock in the E-shop and an approximate time of availability was indicated, we will always inform you in the event of:
  • 1. an extraordinary interruption of the production of the Goods, whereby we will always inform you of the new expected time of availability or information about the fact that it will not be possible to deliver the Goods;
  • 2. delay in the delivery of the Goods from Our supplier, whereby we will always inform you of the new expected delivery time.
  • o In the event that we are not able to deliver the Goods to you even within 30 days from the expiry of the delivery period of the Goods specified in the Order confirmation, for any reason, we and you are entitled to withdraw from the Contract.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

  • We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 7 of the Terms and Conditions, the Goods are free of defects, in particular that:

1. it has the characteristics that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;

2. it is suitable for the purposes we have indicated or for purposes which are customary for Goods of this type;

3. corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;

4. is in adequate quantity and weight;

5. meets the requirements imposed on him by legal regulations;

6. is not encumbered by the rights of third parties.

  • In the event that the Goods have a defect, i.e. especially if any of the conditions according to Article 1 are not met, you can notify Us of such a defect and exercise your rights from defective performance (i.e. complain about the Goods) by sending an e-mail or letter to Our addresses listed at Our identification data. We will handle the claim in accordance with the right you have asserted from defective performance. In the event that you do not choose to resolve the defect, you have the rights listed in Article 7.4 even in situations where the defective performance was a substantial breach of the Contract. If the goods are made to order, we do not accept complaints.
  • If defective performance is a material breach of the Agreement, you have the following rights:

1. to remove the defect by delivering new Goods without defects, or by delivering a missing part of the Goods;

2. to remove the defect by repairing the Goods;

  • In the event that you choose the solution according to points a) or b) and We do not remove the defect in this way within the reasonable period that we have indicated.
  • In the event of a material or non-material breach, you cannot withdraw from the Contract or demand the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:

1. if there has been a change in the condition of the Goods as a result of an inspection for the purpose of detecting a defect;

2. if the Goods were used before the defect was discovered;

3. if the impossibility of returning the Goods in unchanged condition was not caused by your actions or your omission,

4. if you have sold, consumed or altered the Goods during normal use before the defect was discovered; however, if this happened only partially, the part of the Goods that can be returned is your responsibility, and in such a case, the part of the Prices corresponding to your benefit from the use of part of the Goods will not be returned to you.

• Within three days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it and the estimated duration of the complaint handling. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by our mutual agreement. If the deadline expires in vain, you can withdraw from the Agreement.

• We will inform you about the processing of the complaint by e-mail. If the complaint is justified, you are entitled to compensation for the costs incurred. You are required to prove these costs, e.g. with receipts or receipts for the price of transport. In case the defect has been removed

delivery of new Goods, it is your duty to return the original Goods to us, but we cover the costs of this return.

• Exercising rights from defective performance and action claims are governed by §1810 et seq., §1820 et seq. and §2099 et seq. of the Civil Code and the Consumer Protection Act.

• If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you have been able to discover it, but no later than three days after receiving the Goods.

• If you are a consumer, you have the right to assert rights from defective performance in the case of a defect that occurs in the Consumer Goods within a period of 24 months from the receipt of the Goods.

• Provisions regarding the right to defects do not apply in case of:

1. Goods that are sold at a lower price due to a defect for which the lower price was agreed upon;

2. wear and tear of the Goods caused by their usual use;

3. used Goods for a defect corresponding to the level of use or wear and tear the Goods had when you took them over;

4. when this results from the nature of the Goods.

8. withdrawal from the contract

  • Withdrawal from the Agreement, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is explicitly stated.
  • If you are a consumer, i.e. a person buying Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods, in accordance with §1829 of the Civil Code. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last part of the Goods. You may withdraw from the Agreement by any demonstrable means (in particular by sending an e-mail or a letter to Our addresses listed in Our identification data).
  • However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
  • Goods whose price depends on fluctuations in the financial market independent of Our will and may occur during the withdrawal period from the Contract;
  • delivery of alcoholic beverages, which can only be delivered after thirty days and their price depends on financial market fluctuations independent of Our will;
  • Goods that have been modified according to your wishes or for you;
  • Goods that are subject to rapid deterioration and Goods that have been irretrievably mixed with another after delivery;
  • Goods in closed packaging that have been removed from the packaging and cannot be returned for hygienic reasons;
  • delivery of an audio or video recording or a computer program if the original packaging has been damaged;
  • delivery of newspapers, periodicals or magazines;
  • delivery of digital content, if it was not delivered on a physical medium and was delivered with your prior express consent before the expiry of the withdrawal period and We have informed you that you do not have the right to withdraw from the Contract.
  • The deadline for withdrawal according to Article 2 of the Terms and Conditions is considered to have been observed if you send Us a notification that you are withdrawing from the Agreement during it.
  • In case of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of the withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded until you return the Goods to Us or until you prove that they have been sent back to Us. Please return the goods to us clean, if possible including the original packaging.
  • In case of withdrawal from the Contract according to Article 2 of the Terms and Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the goods to Us. On the other hand, you are entitled to a refund of the price for transport, but only in the amount corresponding to the cheapest method of delivery of the Goods offered by us for the delivery of the Goods. In the event of withdrawal due to the fact that We violate the concluded Agreement, we also cover the costs associated with returning the goods to Us, but again only up to the amount of the price for transport in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered at the time of delivery of the Goods.
  • You are liable to Us for damages in cases where the Goods are damaged as a result of your handling them in a different way than it is necessary to handle them with regard to their nature and properties. In such a case, we will invoice you for the damage caused after the Goods have been returned to Us and the invoiced amount is due within 14 days. In the event that we have not yet returned the Prize to you, we are entitled to offset the cost claim against your claim for the return of the Prize.
  • We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Art. 9. Condition. We may also withdraw from the Agreement if it is apparent that you have intentionally provided incorrect information in the Order. In the event that you purchase goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

9. Resolution of disputes with consumers

  • If you are a consumer, according to the Consumer Protection Act, you have the right to an out-of-court settlement of a consumer dispute arising from the Contract. In such a case, you are entitled to contact the Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, web: adr.coi.cz. An out-of-court settlement of a consumer dispute is initiated exclusively at your suggestion, in the event that the dispute could not be resolved directly with Us. The proposal can be submitted no later than 1 year from the day you exercised your right, which is the subject of the dispute, with Us for the first time.
  • You also have the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.

10. Final Provisions

  • If Our and Your legal relationship contains an international element (ie, for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.
  • We will deliver all written correspondence with you by electronic mail. Our email address is listed under Our Identification Data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you contacted us.
  • The Agreement can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms and Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change or on the basis of the Contract we are to deliver Goods to you regularly and repeatedly. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive from you within 14 days of sending the information about the change the termination of the concluded Contract for regular and repeated deliveries of Goods, the new conditions become part of our Contract and will be applied to the next delivery of Goods following the effective date of the change. The notice period if you give notice is 2 months.
  • o In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, We and You have the right to withdraw from the Agreement.
  • o The Annex to the Terms and Conditions contains a sample form for a complaint and a sample form for withdrawing from the Contract.
  • o The contract, including the Terms and Conditions, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by e-mail, and you will therefore always have access to the Agreement even without Our cooperation. We recommend always saving the Order confirmation and Terms.
  • o Our activity is not subject to any codes of conduct according to §1826 paragraph 1 letter g) of the Civil Code.

11. Complaints about digital products

• Claims for digital products are not possible. You will receive the digital product in your email immediately after payment, so it is not possible to complain about it.

• These Terms and Conditions take effect on 1/11/2023