GENERAL TERMS AND CONDITIONS
of AND LILAC s.r.o., with registered office at Saky 3, 273 08 Třebichovice, Czech Republic, incorporated in the Commercial Registry maintained by the Municipal Court in Prague, C 334535, company registration number 09326294/tax registration number CZ09326294, showroom: Saky 3, 273 08 Třebichovice, Czech Republic, phone number +420-775-555-531, email address firstname.lastname@example.org
regulating the sale of goods in the online store available on the website www.giyou.cz.
1. INTRODUCTORY PROVISIONS
1.1. These general terms and conditions (hereinafter referred to as “Terms and Conditions”) of AND LILAC s.r.o., based in Saky 3, 273 08 Třebichovice, incorporated in the Business Registry maintained by the Municipal Court in Prague, C 334535, company registration number 09326294/tax registration number CZ09326294 (hereinafter referred to as “Seller”) regulate the mutual rights and obligations of the contracting parties established in relation with or on the basis of a purchase contract (hereinafter referred to as “Purchase Contract”) concluded between the Seller and a natural or juridical person (hereinafter referred to as “Purchaser”) via the Seller’s online store. The Seller operates the online store on the website www.giyou.cz, using a web interface (hereinafter referred to as “Store’s Web Interface”).
1.2. Additionally, the Terms and Conditions regulate the rights and obligations in regards to the use of the Seller’s website www.giyou.cz (hereinafter referred to as “Website”), and other related legal relations.
For the purpose of the Terms and Conditions (i) Purchaser is a natural person acting as a consumer or natural person (entrepreneur) or juridical person; (ii) Consumer is anyone who, beyond the scope of the independent practise of their profession, concludes a contract with the Seller or deals with him in another manner; (iii) Entrepreneur is someone who, on their own account and at their own risk, is self-employed via a trade licence or in another manner, with the intention of remaining so in order to make profit. For the purposes of, including but not limited to, consumer protection, any person who concludes contracts related to their own commerce, production, or similar activities or as a part of the independent practise of their profession, or a person acting on behalf or for the purposes of the Entrepreneur, is also considered to be an Entrepreneur. For the purpose of the Terms and Conditions, anyone acting in accordance with the previous sentence within the scope of their entrepreneurial activities is considered to be an Entrepreneur. If the Purchaser includes their identification number in their order, this acts as an acknowledgement of the fact they are viewed as an Entrepreneur in their contractual relationship with the Seller and are subject to the rules for Entrepreneurs as listed in the Terms and Conditions.
1.3. By placing an order, the Purchaser confirms that before they concluded the contract they familiarised themselves with (i) the Terms and Conditions (including and especially the pre-contractual information for Purchasers-Consumers, detailed in part 2); (ii) the personal data protection policy; (iii) the shipping and payment terms and options; and (iv) legal matters, and that they explicitly agree to the version of these documents and terms effective at the moment of the order’s placement.
1.4. Any provisions deviating from the Terms and Conditions can be negotiated in writing in the Purchase Contract. These deviating Purchase Contract provisions take precedence over the provisions of the Terms and Conditions.
1.5. Provisions of the Terms and Conditions constitute an integral part of a Purchase Contract. The wording of the Terms and Conditions can be amended or supplemented by the Seller. This provision does not affect rights and obligations established while a previous version of the Terms and Conditions was in effect. The Seller always publishes the current version of the Terms and Conditions on the Website.
1.6. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The purchase contract in the Czech language is concluded with the buyer with its registered office or residence in the Czech Republic. The purchase contract and the Terms and Conditions in the Czech language are valid for all buyers with their registered office or residence in the Czech Republic. A purchase contract is concluded with a potential buyer with a registered office or residence outside the Czech Republic in the Czech language and also in English language. The purchase contract and the Terms and Conditions in Czech and English are valid for all buyers with registered office or residence outside the Czech Republic. In event of any discepancy in content or interpretation between the Czech and English language versions of the purchase contract and/or the Terms and Conditions, the Czech language version shall prevail.
1.7. Concluded contracts are archived by the Seller to be successfully performed and are not accessible to third, non-participating parties. Before submitting their order, the Purchaser is allowed to check and correct it if necessary. Additional corrections are handled by an individual agreement between the Purchaser and the Seller. The Terms and Conditions are published in the online store www.giyou.cz and can thus be archived and reproduced by the Purchaser. The Terms and Conditions will also be sent to the Purchaser's email address after receipt of the order. The Purchaser with registered offices or residence outside the Czech Republic will also be sent the Terms and Conditions in English.
1.8. Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to, may order products through Website. If the Purchaser is under the age of legal majority or otherwise cannot lawfully enter into a contract, he/she must have your parent or guardian place an order on your behalf and they will be asked to agree to these Terms and Conditions. By placing an order through the Website, the Purchaser represents that it is a bona fide end-user customer purchasing for its own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products for commercial purposes.
2. PRE-CONTRACTUAL INFORMATION
2.1. As per Section 1824 of Act No. 89/2012, Coll., the Seller declares that
a) the costs of remote communication tools do not differ from the base tariff of the operator/provider of the Purchaser’s internet connection;
b) the purchase price must be settled upon the receipt of the Seller’s performance (goods) by the Purchaser at the latest;
c) the price of goods and services on www.giyou.cz is listed with VAT and all statutory fees included. The cost of delivery, however, depends on place of delivery, delivery method chosen, as well as the delivery provider and payment method. If personal pick-up, the costs amount to 0 CZK;
d) if the Purchaser is a Consumer, they are entitled to withdraw from the contract (unless stated otherwise, see provisions below) within thirty (30) days. The withdrawal period start running (i) in the case of a Purchase Contract, on the day of the receipt of the goods; (ii) in the case of a contract concerning several types of goods or a delivery of several parts, on the day of the receipt of the final delivery of goods; or (iii) in the case of a contract concerning regular, repeated delivery of goods, on the day of the receipt of the first delivery of goods. If the Purchaser is withdrawing from the contract, they must do so in writing and deliver a notice of withdrawal to the Seller’s place of business;
e) the Consumer cannot withdraw from a contract concerning (i) delivery of goods whose price depends on financial market fluctuations independent of the Seller’s will and which may occur within the withdrawal period; (ii) delivery of goods customised according to the Consumer’s wishes or for his person; (iii) repair or maintenance performed at a place designated by the Consumer at their request (this does not apply if other than requested repairs were subsequently performed or other than requested spare parts delivered); (iv) deliver of goods in sealed packaging which were taken out by the Consumer and cannot be put back for sanitary reasons;
f) Upon withdrawing from the contract the Consumer bears the cost of returning the goods and, if the contract was concluded via remote communication tools, the costs of returning the goods if the nature of these prevents them from being returned by usual postal means;
g) The contract and relevant tax document will be stored in the Seller’s electronic archive.
3. SPECIFICATION OF PRODUCTS
3.1. The Seller sells silver and gold products via e-shop www.giyou.cz. The specification of the products sold can be found on the www.giyou.cz. The Seller is responsible for ensuring that the products have the specified properties (dimensions, weights, fineness of silver and gold, etc.). Each product is original and therefore the weights have a small weight range. Information on galvanization of silver products and rhodium plating of white gold products is on the website www.giyou.cz. We try to ensure that any information, including product descriptions, dimensions and colours, provided on the web side, in advertisements, catalogues, or supplied by our customer support, is accurate and complete. However, the production is handmade, product description is provided as an indication and may vary slightly. None of our products sold are intended for persons under the age of 12. Silver and gold flowers are not intended to be worn on the body or clothing. Bouquets of flowers (unbound and loosely tied) are not (technically) a special product, the product are always individual flowers (in a given amount). The Purchaser undertakes to follow the recommended care for the products listed in the RECOMMENDED CARE section.
4.1. Orders can be submitted by the following methods
a) via the online store www.giyou.cz;
b) by electronic mail sent to www.giyou.cz/kontakt; or
c) in person (if agreed by the Seller and the Purchaser).
4.2. The Seller recommends that the Purchaser submit orders via the online store www.giyou.cz.
4.3. Estimated time of delivery of the ordered goods is stated in section SHIPPING METHODS. The duration and price of delivery depend on the delivery method chosen by the Purchaser on the shopping basket page while they were placing the order. The Purchaser acknowledges the estimated time of delivery can change depending on the logistical capabilities of the Seller or their carriers. The Seller informs the Purchaser of any such changes without any undue delay.
5. CONCLUSION OF A PURCHASE CONTRACT
5.1. The Store’s Web Interface includes a list and prices of goods offered for sale by the Seller. The listed price of these goods includes value-added tax and all related fees. Delivery and incidental costs are not included in the price of goods and are listed on the shopping basket page, displayed before the Order is submitted. Goods are offered for sale and their price remains in effect as long as they are displayed in the Store’s Web Interface. This provision does not affect the Seller’s right to conclude a Purchase Contract on individually negotiated terms. All goods listed in the Store’s Web Interface are offered on a non-binding basis and the Purchaser is not required to conclude a Purchase Contract concerning them.
5.2. The Store’s Web Interface also includes information on the cost of packaging and delivery, effective only in cases where goods are being delivered in the Czech Republic and certain other countries determined in section SHIPPING METHODS. Delivery to other countries and terms hereof is subject to content of the Seller and confirmation of the Purchaser. If goods are being delivered to other European or other countries, the cost of packaging and delivery is stated either in the Store’s Web Interface (if known to the Seller beforehand) or communicated to and confirmed by the Purchaser to allow them to place an Order.
5.3. To order goods, the Purchaser fills in the order form provided in the Store’s Web Interface. The order form contains especially information (i) on the goods being ordered (the Purchaser “places” their goods into the Store’s Web Interface’s shopping basket); (ii) on the method of settling the purchase price of goods, and on the requested method of delivering the goods being ordered; and (iii) on the cost of delivering the goods (hereinafter referred to jointly as “Order”). The ordering goods creates the Purchaser's obligation to pay for the goods to the Seller.
5.4. Before the Order is submitted to the Seller, the Purchaser can check and change the information provided in the Order, to find and potentially correct errors made while they were filling in the Order. The Purchaser sends the Order to the Seller by clicking the button “Submit Order”. The Seller assumes the information provided in the Order is correct. Upon receiving the Order, the Seller confirms the Order’s receipt by sending an email to the Purchaser without any undue delay, using the Purchaser’s electronic address stated in the Order (hereinafter referred to as “Purchaser’s Electronic Address”).
5.5. Depending on the nature of the Order (amount of goods, purchase price amount, estimated cost of delivery), the Seller always has the right to ask the Purchaser to additionally confirm the Order (for instance in writing or by phone).
5.6. The contractual relationship between the Seller and Purchaser is established when the Order is received (accepted), a confirmation of which is sent by the Seller to the Purchaser’s Electronic Address. The Purchase Contract is not concluded until the Purchaser’s Order is accepted by the Seller. Until then, the Seller is not obliged to deliver the ordered goods to the Purchaser.
5.7. The Purchaser acknowledges that the Seller is not obliged to conclude a Purchase Contract, especially with persons who committed a major breach of a previous Purchase Contract (Terms and Conditions included).
5.8. The Purchaser agrees to use remote communication tools to conclude a Purchase Contract. Any costs incurred by the Purchaser due to their use of remote communication tools to conclude a Purchase Contract (cost of internet connection, cost of phone calls) are borne by the Purchaser.
5.9. Orders, contracts, and deliveries of valuable goods (goods valued in excess of 150,000 CZK, VAT included) are subject to the special rules detailed in Article 8 of the Terms and Conditions.
6. PRICE OF GOODS, PAYMENT TERMS
6.1. Payment methods. The Seller accepts the payment methods listed in the PAYMENT METHODS section of the Website. The specific terms of using payment methods are described in the PAYMENT METHODS section of the Website. The price of goods and any cost of delivery as per the Purchase Contract can be settled by the Purchaser to the Provider
a) in cash (or with a payment card) at the Seller’s showroom (subejt to agreement);
b) in cash (or with a payment card) by cash-on-delivery at the place (within the Czech Republic) designated by the Purchaser in the Order;
c) by a cashless payment via a transfer to the Seller’s bank account
- for payments in CZK to bank account number 1360213004/2700, IBAN CZ1327000000001360213004, SWIFT BACXCZPP, maintained by UniCredit Bank Czech Republic a.s., Prague (hereinafter referred to as the “Seller’s CZK Account”);
- for payments in EUR or USD to a respective bank account specified in the PAYMENT METHODS section of the Website (hereinafter referred to as the “Seller’s EUR/USD Account”);
d) by a cashless payment via a payment card.
6.2. The Seller reserves the right to offer only certain payment method to the Purchaser at its own discretion.
6.3. Until the purchase price is settled in full, the goods remain the Seller’s property. The risk of damage to property, however, is assumed by the Purchaser upon their receipt of the goods.
6.4. The Purchaser’s invoicing information cannot be changed once the Order is submitted.
6.5. If the Purchaser withdraws from a contract concluded with the Seller or if the Purchaser is refunded for another reason, the Seller credits the amount of money they received from the Purchaser based on the contract to the account stated by the Purchaser.
6.6. Besides the purchase price, the Purchaser is obliged to settle to the Seller the cost of packaging and delivering the goods. These items are always listed in the shopping basket before the Order is submitted. The cost of packaging and delivering the goods is either stated in the Store’s Web Interface (if known to the Seller beforehand), or communicated to the Purchaser upon the Order’s submission and confirmed by the Purchaser. Unless explicitly stated otherwise, the purchase price is hereinafter understood to include the cost of delivery.
6.7. In the case of cash-on-delivery payments, the purchase price is due within 14 days of the conclusion of the Purchase Contract but upon the receipt of the goods at the latest. Cash-on-delivery payment is not possible for delivery outside the Czech Republic or when purchase of gold products.
6.8. In the case of cashless payments via a tranfer to the Seller’s bank account, the Purchaser must state the payment’s variable symbol (i.e. invoice or order number) when settling the purchase price. The Purchaser’s commitment to settle the purchase price is fulfilled once the relevant amount is credited to the Seller’s account.
6.9. Discounts on purchase price given by the Seller to the Purchasers cannot be combined.
6.10. Before the purchase price is settled, the Seller can issue an advance invoice to the Purchaser. A tax document (i.e. invoice) is issued by the Seller to the Purchaser once the purchase price is settled in full, and delivered to the Purchaser’s email address.
6.11. The Seller reserves the right to correct the price of goods before their dispatch if it comes to light they were being offered for a wrong price. In that case, they must inform the Purchaser of the correct price and the Purchaser must agree to the price correction. Otherwise the Purchase Contract is not concluded and the Seller cancels the Order.
6.12. All prices are contractual. The online store www.giyou.cz always lists current price in the Czech currency (CZK). The prices listed for individual products are final, i.e. including VAT and any other taxes or fees the Purchaser must settle in order to obtain the goods, excluding however any cost of delivery, cash-on-delivery fees, and cost of remote communication tools as these are only stated in the so-called shopping basket and their amount depends on the Purchaser’s choice. The purchase price also does not include any customs duties or other similar fees and taxes in the case of delivery of goods to the Purcahser's foreign country. Such duties, fees and taxes are the responsibility of the Purchaser.
6.13. EUR and USD payments. The goods can also be paid with EUR or USD if the online store www.giyou.cz lists prices in EUR or USD with individual products. If no such price is listed, the goods can be paid in CZK only.
6.14. The Seller reserves the right to declare the Purchase Contract null and void if there is a misuse of, among other things, personal information, company registration number/tax registration number, a payment card misuse, etc., or due to an intervention by an administrative or judicial body. The Purchaser will be informed of any such procedure.
6.15. Cryptocurrencies are not accepted. The Seller does not accept cryptocurrencies as a means of settling the purchase price.
6.16. Discounts on the purchase price are valid until the Seller’s stock is sold out or, if the number of discounted items is stated, until the discounted items are sold out or until the special offer ends, depending on which occurs first.
7. INFORMATION SYSTEM ERRORS
7.1 The Purchaser acknowledges cases may occur where no contract is concluded by the Seller and Purchaser, especially if the Purchaser orders goods for an erroneous price, published due to an error in the Seller’s internal information system or an error made by the Seller’s staff. In that event, the Seller has the right to withdraw from the Purchase Contract, even though the Purchaser received a confirmation email. The Seller informs the Purchaser of the withdrawal without any undue delay. The main examples of erroneous prices being published are, (i) the price of goods is clearly incorrect (e.g. it does not reflect the acquisition price or usual price of the goods); (ii) one or multiple digits are redundant or missing; (iii) the discount exceeds 20% although the goods are not included in a special marketing campaign or clearance sale marked with a special symbol and advertising corresponding discount amounts; (iv) the Seller makes it known that their information system automatically marks goods as discounted even if their price is clearly incorrect.
8. SPECIAL RULES GOVERNING THE SALE OF VALUABLE GOODS
8.1. The Purchaser acknowledges that if the value of goods being purchased within a single Order and/or multiple Orders placed by the Purchaser on a single day is in excess of 150,000 CZK (VAT included) (hereinafter referred to as “Valuable Goods”), the Purchase Contract cannot be concluded remotely. Unless stated otherwise, the Purchase Contract is viewed as concluded upon the Purchaser’s signing of a hand-over protocol.
8.2. Contracts on the sale of the Valuable Goods can only be concluded in the Purchaser’s physical presence at the Seller’s showroom where the Purchaser is allowed to examine and inspect the goods, or at another place as agreed by the contracting parties.
8.3. Order confirmations sent by the Seller’s information system confirm only that a reservation was made on the relevant goods whose detailed specifications will be included in the handover protocol. A handover protocol on the handover of the Valuable Goods will be drawn up. The Purchaser becomes the owner of the Valuable Goods upon settling the purchase price in full and receiving the goods.
8.4. In exceptional cases, the Purchaser and Seller can agree on another method of selling/delivery Valuable Goods.
8.5. In addition, quantity limits may apply in relation to orders for certain products. The Seller reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
9. BESPOKE PRODUCTS
9.1. If the Seller is to create a bespoke product, the Purchaser must give them detailed information on what such a product should look like. The Seller responds within three weeks with a draft agreement, price quote, and production time. Bespoke products cannot be returned or exchanged. This provision does not affect the Purchaser’s right to return defective goods.
9.2. Bespoke products constitute mainly wedding bouquets and flowers and bouquets made or customised at the Purchaser’s request. See also the CUSTOMISATION AND BESPOKE section on the Website.
9.3. Golden flowers and golden bouquets. Information about golden flowers and bouquets are stated in section FLOWERS/GOLDEN FLOWERS and FLOWERS/GOLDEN BOUQUETS. Golden flowers and bouquets can be purchased to order with delivery approximately 3 weeks from ordering and payment of the purchase price by the Purchaser. Cash on delivery is not possible for golden flowers or golden bouquets. The golden flowers of purity 585/1000 are not products on request. However, golden flowers made at the Purchaser's request with a higher purity than 585/1000 (golden flowers with a purity of 750/1000 or higher) are considered to be bespoke products.
9.4. Wedding bouquet. The Purchaser always creates wedding bouquets in consultation with the Purchaser, reflecting the Purchaser’s particular wishes. Any order confirmation sent by AND LILAC’s information system confirms solely that a reservation was made on the product (wedding bouquet) in question.
9.5. The Order and the price of customisation or creation of bespoke products require that all terms of such an Order (product specifications, price, production time, delivery to the Purchaser, etc.) are approved.
9.6. No withdrawals are possible. The Purchaser acknowledges that as per Section 1837, Letter d) of Act No. 89/2012 Coll., Civil Code, as subsequently amended (hereinafter referred to as “Civil Code”), they cannot withdraw from a Purchase Contract on the delivery of goods customised at the Purchaser’s request or for their person. This provision does not affect the Purchaser’s right to return defective goods.
10. WITHDRAWING FROM A PURCHASE CONTRACT
10.1. The Purchaser acknowledges that among other things, as per Section 1837, Letter d) of the Civil Code, they cannot withdraw from a Purchase Contract on the delivery of goods customised at the Purchaser’s request or for their person.
10.2. Withdrawal and a 30-day period. With the exception of cases detailed in Article 10.1 or other cases where it is impossible to withdraw from the Purchase Contract, the Purchaser has the right to withdraw from the Purchase Contract within thirty (30) days of receiving the goods, in accordance with the provisions of Section 1829, Paragraph 1, Letter a) of the Civil Code. The withdrawal period as per the first sentence starts running (i) on the day of the receipt of the goods, unless otherwise provided by law; (ii) if the Purchase Contract concerns the delivery of several kinds of goods or several parts, on the day of the receipt of the final delivery; or (iii) if the Purchase Contract concerns a repeated delivery of goods, on the day of the receipt of the first delivery. The Purchaser withdraws from the Purchase Contract by sending a written notification to the address of the Seller’s place of business or by filling in and submitting a contract withdrawal sample form, available in the Store’s Web Interface.
10.3. If there is a contract withdrawal as per Article 10.2., the Purchase Contract is considered to have been null and void from the beginning. Any goods must be returned to the Seller at the Purchaser’s expense without any undue delay, but within fourteen (14) days of the withdrawal at the latest. If the Purchaser violates the obligation set forth by the previous sentence, the Seller has the right to demand the Purchaser settle the cost of packaging and delivering the goods. This provision does not affect any right for damages. The goods must be returned to the Seller complete, intact, clean, not worn out, and if possible in the original packaging.
10.4. Within five (5) business days of the Purchaser’s returning of the goods as per 10.3., the Seller has the right to inspect the goods being returned, especially to ascertain whether they are not damaged, worn out, or partially used.
10.5. If there is a contract withdrawal as per Article 10.2., the Seller returns the purchase price to the Purchaser without any undue delay, including the cost of delivering the goods to the Purchaser, by means of a cashless payment credited to the account provided by the Purchaser in their contract withdrawal notice. The Seller is not obliged to return the amount of money they received before the Purchaser hands over the goods or proves they have done so.
10.6. The Purchaser acknowledges that if the goods being returned are damaged, worn out, or partially used, the Seller is entitled to receive damages from the Purchaser for the harm caused. The Seller has the right to unilaterally offset the damages against the Purchaser’s claim for a purchase price refund. The same applies to any claims for demonstrably incurred costs and/or damages as per Article 10.3.
10.7. If the Consumer uses their right to withdraw from the Purchase Contact, any gift contracts also cease to be in effect and the Purchaser must return the goods as well as any related gifts, including everything with which they enriched themselves. If the Purchaser does not return these, it is viewed as an unjustified enrichment. If it is not quite possible to hand over the object of the unjustified enrichment, the Seller is entitled to receive financial compensation in the usual price amount.
10.8. Returning goods. If there is a contract withdrawal, goods cannot not be returned to the Seller by cash on delivery; any goods returned in such a manner will not be received and will be returned. Goods being returned can be sent to the address of the Seller - AND LILAC s.r.o., Saky 3, 273 08 Třebichovice, Czech Republic.
10.9. Contract withdrawal if the Purchaser is an Entrepreneur. A Purchaser-Entrepreneur can also withdraw from the Purchase Contract within thirty (30) days of receiving the goods as per Article 10.2.
10.10. Contract withdrawal is impossible if goods were handed over in the Purchaser’s physical presence. Contract withdrawal as per Articles 10.2 and 10.9. does not apply to the sale of Valuable Goods or other goods received upon the signing of a handover protocol in the Purchaser’s presence as it is not possible to withdraw from such a contract.
11. TRANSPORTATION AND DELIVERY OF GOODS
11.1. The delivery method is determined by the Purchaser, unless the Purchase Contract states otherwise. All possible delivery methods, their current terms, and price are listed on the Website in the SHIPPING METHODS section. Packaging and standard delivering goods in the Czech Republic and Europe is free of charge for purchases over 4000 CZK. In the case of personal pick-ups, packaging and delivery is free of charge.
11.2. In the event of force majeure or a failure of the Seller’s information system, the Seller bears no responsibility for a delayed delivery of goods.
11.3. If the Seller is obliged by the Purchase Contract to deliver goods to a place specified by the Purchaser in the Order, the Purchaser must receive the goods upon delivery. If they do not do so, the Seller has the right to withdraw from the Purchase Contract.
11.4. If due to the Purchaser’s defect the goods need to be delivered repeatedly or by another method than the one stated in the Order, the Purchaser must settle the cost of repeated delivery of goods or of another delivery method, respectively.
11.5. Upon receiving goods from the carrier, the Purchaser must examine the packaging for damage and immediately notify the carrier of any defects. If the packaging is broken, implying an unauthorised breach of the consignment, the Purchaser is not obliged to receive the consignment from the carrier. By signing a bill of delivery, the Purchaser confirms the consignment met all terms and requirements; later complaints regarding broken packaging will be disregarded.
11.6. Other rights and responsibilities of the contracting parties regarding the transportation of goods can be regulated by the carrier’s terms of delivery.
11.7. If the Purchaser is picking up an Order settled online beforehand, they must present a proof of identification (identity card or passport) for the purposes of preventing damage and money laundering. If none of these documents is presented, the Seller or their contracting partner can refuse to hand over the goods. Goods purchased by a juridical person can only be handed over to a statutory body of said juridical person or to a person who produces a notarised power of attorney and an ID card/passport. Goods purchased by a natural person (entrepreneur) can be handed over only upon the production of a valid proof of identity (ID card or passport).
11.8. Consignment inspection. Immediately upon having their goods delivered, the Purchaser must work with the carrier to inspect the consignment (number of parcels, intact condition of the tape, any damage to the box), referring to an enclosed consignment note. The Purchaser can refuse to receive any consignment which does not comply with the Purchase Contract due to being, for instance, incomplete or damaged. If the Purchaser does receive the damaged consignment from the carrier, the damage must be detailed in the carrier’s handover protocol. Incomplete or damaged consignments must be immediately reported by sending an email to email@example.com, drawing up a damage report and emailing or mailing it to the Seller without any undue delay. Additional complaints regarding the incomplete nature or external damage to the consignment do not affect the Purchaser’s right to lodge a complaint but they do allow the Seller to prove there was no breach of the Purchase Contract.
11.9. Bouquet packaging and binding. The method of packaging products and binding flowers is detailed on the Website (primarily in the GIFTING AND BINDING section). The Purchaser can order their bouquet bound or unbound. The Seller binds bouquets of 10 to 50 flowers. The Purchaser decides whether their bouquet should be bound or unbound in the order form’s notes section. If they do not include this information, the Seller delivers the flowers unbound.
12. DEFECT LIABILITY, WARRANTY
12.1. The rights and responsibilities of the contracting parties regarding the Seller’s defect liability, including their warranty liability, are governed by relevant general binding regulations (especially by the provisions of Section 2009 et seq. of the Civil Code).
12.2. The Seller is liable to the Purchaser for making sure the goods are not defective upon receipt. They are especially liable for making sure that at the time of receipt (i) the goods possess the characteristics negotiated by the contracting parties, and if there was no such negotiation, such characteristics described by the Seller or manufacturer or expected by the Purchaser due to the nature of the goods and based on the advertising placed by the Seller or manufacturer; (ii) the goods are suitable for the purpose stated by the Seller or for the purpose to which goods of this kind are typically used; (iii) the goods are delivered in the correct amount, possessing the correct measurements and the correct weight; and (iv) the goods comply with the requirements set forth by legal regulations. If a defect is discovered within six months of the receipt, it is assumed to have been present at the time of the receipt.
12.3. The Purchaser is entitled to exercise their rights regarding defects in consumer goods if such defects occur within 24 (twenty-four) months of receipt. This does not apply (i) to goods sold for a lower price due to the defect’s presence; (ii) to regular wear and tear; (iii) in the case of used goods to defects corresponding to the wear and tear present at the time of their receipt by the Purchaser; or (iv) if the defect is in line with the item’s nature. If the Purchaser knew before having received the goods that they were defective or if the defect was caused by the Purchaser themselves, the defective performance of the goods does not endow the Purchaser with any rights. If the goods have a defect which results in obligations on the part of the Seller, and if they were sold for a lower price or were a used item, the Purchaser’s right to exchange is substituted with the right to receive an adequate discount.
12.4. Major breach of contract
If defective performance constitutes a major breach of contract, the Purchaser has the right to (i) have the defect removed by receiving a new defect-free item or a missing item if this is not unreasonable considering the nature of the defect, but if the defect concerns only a part of the item, the Purchaser may solely demand that said part be replaced; if this is not possible they can withdraw from the Contract. If this is, however, disproportionate considering the nature of the defect, especially if the defect can be removed without any undue delay, the Purchaser is entitled to have the defect removed free of charge; (ii) have the defect removed by having the item repaired; (iii) a proportionate discount from the purchase price; or (iv) withdraw from the contract.
The Purchaser informs the Seller which right they choose to exercise when reporting the defect or after reporting the defect but without any undue delay. Once made, this choice cannot be changed without the Seller’s consent; this does not apply if the Purchaser requested the reparation of a defect which turns out to be irreparable. Should the Seller not remove the defect in a reasonable timeframe or, if they informed the Purchaser they will not be removing the defect, the Purchaser can instead request a reasonable discount on the purchase price or withdraw from the contract. If the Purchaser does not decide which right to exercise in a timely manner, they have the same rights as in the event of a minor contract breach—see below.
The Purchaser is also entitled to a reasonable discount if the Purchaser cannot deliver a new, defect-free item, replace its part, or repair the item, or if the Seller does not take remedial action in a reasonable timeframe or if it would cause the Consumer great difficulties should remedial action be taken.
12.5. Minor contract breach
If defective performance constitutes a minor breach of contract, the Purchaser is entitled to have the defect removed or receive a proportionate discount on the purchase price. If the Purchaser does not exercise their right to a discount on the purchase price or does not withdraw from the contract, the Supplier can supply the missing parts or remove the legal defect. At their own discretion, the Seller can remove other defects by repairing the item or delivering a new one. If they do not remove the defect in a timely manner or refuse to remove it, the Purchaser can demand a discount on the purchase price or withdraw from the contract. Once made, the choice cannot be changed without the Seller’s consent.
The Purchaser also has the right to receive a new item or have a part replaced if there is an irreparable defect, the item cannot be used properly due to a repeated occurrence of defects after a repair or due to a substantial number of defects. In that case, the Purchaser can withdraw from the contract.
If the Purchaser failed to report a defect without any undue delay, even though they could have discovered it during an adequate timely inspection, the court does not give them defect-related rights. The same applies to hidden defects if they were not reported without any undue delay, even though the Purchaser could have discovered them if sufficient care had been taken, within two years of the item’s handover at the latest.
12.6. The warranty period starts running upon the item’s handover to the Purchaser. If the item was dispatched as per the contract, the warranty period starts running upon the item’s arrival at its destination. The Purchaser cannot exercise their right of warranty if the defect was caused by an external event after the risk of damage was transferred to the Purchaser.
13. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
13.1. Acquisition of property. The goods become the Purchaser’s property upon their receipt at the moment of delivery. This is also when the Purchaser assumes the risk of accidental damage and accidental deterioration, including benefits.
13.2. Intellectual property rights. The Purchaser acknowledges that the software and other parts making up the Store’s Web Interface (including photographs of the goods being sold) are copyrighted. The Purchaser undertakes to refrain from any activities which enable them or third parties to wrongfully interfere with or use the software or other parts making up the Store’s Web Interface.
13.3. When using the Store’s Web Interface, the Purchaser is not entitled to use any mechanisms, software, or other procedures which could have a negative effect on the operation of the Store’s Web Interface. The Store’s Web Interface can be used only to the extent as to not violate the rights of the Seller’s other customers and to comply with the Store’s Web Interface purpose.
13.4. The Purchaser acknowledges that the Seller bears no responsibility for errors which occur due to third-party interference with the Website, or due to the Website being used contrary to its purpose.
13.5. The individual technological measures leading to the conclusion of a contract are clearly described in the Terms and Conditions.
14. PERSONAL DATA PROTECTION AND THE DELIVERY OF BUSINESS COMMUNICATIONS
14.1. Unless stated otherwise by the Terms and Conditions, the Seller’s policy on personal data protection and processing is available on www. giyou.cz (the PERSONAL DATA PROTECTION section). By submitting an Order, the Purchaser confirms that before concluding the contract they have familiarised themselves with the policy on personal data protection and procession and that they agree to it.
Personal data processing for card payments:
- The Seller hereby informs the Purchaser than when a payment is made via a payment card the Seller collects and processes personal data and transmits it to the card’s issuer for the purpose of processing the payment and fulfilling statutory requirements, such as payment transaction identification as per Act No. 370/2017, Coll., on payments (implementing the EU Directive on PSD2 payment services) and related legal regulations—the so-called strong authentication. Said personal data includes the name of the payment card’s holder, the type, number, and security number, the number of the terminal, the card’s expiration date (month and year), the country of the card’s origin, date of birth, number of the Order, email address, the number of the Customer (Purchaser), information about the address (street, post code, city, and country), and in the case of Entrepreneurs the tax registration number and the company’s name;
- Payment information is usually transmitted to facilitate payment processing and for statutory purposes, for example to identify payment transactions or combat money laundering;
- Legal grounds for data processing include (i) processing necessary for contract performance as per Article 5, Paragraph 1, Letter b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 “GDPR”); (ii) processing necessary to fulfil legal obligations as per Article 6, Paragraph 1, Letter c) of the GDPR;
- The Seller works with payment service providers whose business is regulated by the Act on Payments and who accept and handle payment transactions on the Seller’s behalf.
Personal data processing for customer satisfaction in the Ověřeno zákazníky programme
- The Seller can ascertain customer satisfaction by sending online questionnaires under the umbrella of the Ověřeno zákazníky programme in which the Seller’ online store can participate. The Seller can send these whenever the Purchaser makes a purchase, unless the latter refuses to receive such questioners within the meaning of Section 7, Paragraph 3 of Act No. 480/2004 Coll. on certain information society services. Personal data processing for the purposes of dispatching Ověřeno zákazníky questionnaires can be carried out by the Seller to exercise their legitimate interest which is to ascertain customer satisfaction;
- The Seller can use a processer to dispatch questionnaires, evaluate feedback, and analyse the Seller’s market position, the processor in this case being the operator of the Heureka.cz portal. For this purpose, the Seller can provide Heureka.cz with information on the Purchaser’s goods and email address. The dispatching of questionnaires does not involve the provision of the Purchaser’s personal data to any third party for their own purposes. The Purchaser can object to being emailed Ověřeno zákazníky questionnaires at any time and reject their further receipt by clicking the relevant link in the email containing the questionnaire or by sending an email to the Seller’s electronic address. If there are objections, the Seller refrains from sending the questionnaire again in the future.
15. DELIVERY SERVICE, BUSINESS HOURS
15.1. Unless agreed otherwise, all correspondence related to the Purchase Contract must be delivered to the other contracting party in writing, either by electronic mail, in person, or by registered delivery via a postal operator (of the sender’s choice). The Purchaser receives mail at the email address they provided when submitting an Order.
15.2. Correspondence is viewed as delivered (i) in the case of electronic correspondence, upon its receipt by the incoming mail server; the integrity of messages sent by electronic mail can be secured with a certificate; (ii) in the case of personal delivery or delivery via a postal operator, upon the consignment’s receipt by the addressee; (iii) in the case of personal delivery or via a postal operator, also upon the addressee’s refusal to receive the consignment if they (or a person authorised to receive the consignment on their behalf) refuse to receive the consignment; (iv) in the case of delivery via a postal operator, within ten (10) days of the consignment’s storage and the addressee being invited to pick up the consignment if the consignment is stored at the postal operator’s place of business, even if the addressee does not learn of the storage.
15.3. The Seller’s contact information:
AND LILAC s.r.o.
Saky 3, 273 08 Třebichovice, Czech Republic
electronic address firstname.lastname@example.org
phone number +420-775-555-531
15.4. Business hours:
Online store www.giyou.cz - 24 hours a day, 7 days a week. In the event of an information system failure or force majeure the Seller bears no responsibility for not complying with the online store’s business hours.
The Seller’s showroom does not constitute a shop and has no specified business hours. The showroom is available only by prior agreement.
16. OTHER PROVISIONS
16.1. The Purchaser acknowledges that by purchasing goods offered by the Seller they gain no right to use the Seller’s trademarks, trade names, company logos, etc. unless negotiated otherwise for that particular case in a separate written contract.
16.2. If the Purchaser sells, gifts, or otherwise transfers the ownership of an item purchased from the Seller to another person, they must inform the Seller of this fact. If they fail to do so, the Seller assumes the Purchaser is still the owner of the item in question and the person endowed with rights related to defective performance.
16.3. If any gift is provided with the goods and the Purchaser has no use for it, they must contact the Seller beforehand and inform them they are not interested in receiving the gift. The goods will be sold to the Purchaser without the gift. If the Purchaser fails to do so and receives the gift, they must return it in the event of contract withdrawal.
16.4. The goods become the Purchaser’s property once the purchase price is settled in full.
16.5. In their relationship to the Purchaser the Seller is bound by no code of conduct within the meaning of the provisions of Section 1826, Paragraph 1, Letter e) of the Civil Code.
16.6. The Seller has the right to sell goods on the basis of a trade licence. Trade inspections are performed by a relevant Trade Office within its authority. Personal data protection is supervised by the Office for Personal Data Protection. Among other things, compliance with Act No. 634/1992, Coll., on consumer protection, as subsequently amended, is supervised by the Czech Trade Inspection Authority in the defined scope.
16.7. The Purchaser hereby assumes the risk of change in circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.
16.8. The Purchaser acknowledges that the Seller bears no responsibility for any errors which occur due to third-party interference with the Website, or due to the Website being used contrary to its purpose. The Seller makes it known that some information on the Website could have been taken in part from third parties and may contain factual inaccuracies or typographical errors and may be updated without prior warning. Thus, the Seller cannot fully guarantee the Website’s content is correct. The Seller is not liable to another party for any damage caused by the use of information from the online store or the Website.
16.9. Cookies. The Purchaser agrees to the storage of the so-called cookies in their computer. Cookies are small files used by the provider and advertiser of advertisements displayed on the Website to identify the user’s computer when it communicates with the Website and to facilitate the use of the Website’s certain functionalities. If purchases can be made on the Website and the Seller’s obligations established by the Purchase Contract fulfilled without the storage of cookies in the Purchaser’s computer, the Purchaser can revoke their consent as per the previous sentence at any time.
16.10. Handling complaints. Consumer complaints are received by the Seller at the electronic address email@example.com. Information on the complaint’s handling is sent by the Seller to the Purchaser’s electronic address.
17. DISPUTE RESOLUTION
17.1. Any disputes which arise from or in relation with an agreement, order, or the operation of the online store www.giyou.cz will be resolved by a Czech court with a relevant subject-matter and territorial jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply as per Article 6 of the Convention.
17.2. The Czech Trade Inspection Authority, based in Štěpánská 567/15, 120 00, Prague 2, company registration number 000 20 869, http://www.coi.cz is authorised to handle out-of-court settlements of consumer disputes arising from the Purchase Contract.
17.3. Customers who reside in Europe must be informed that the European Commission introduced an online platform for alternative conflict resolution which provides, among other things, an out-of-court means of settling disputes regarding or arising from online sales and service contracts. If you are a European customer, you can use this platform to resolve a conflict arisen from an online contract concluded with an owner. The platform is available here http://ec.europa.eu/consumers/odr/.
17.4. The European Consumer Centre of the Czech Republic, based in Štěpánská 567/15, 120 00 Prague 2, http://www.evropskyspotrebitel.cz is a contact point as defined by 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 consumer ODR).
18. FINAL PROVISIONS
18.1. Czech law. If there is an international (foreign) element to a relation concerning the use of the Website or to a legal relation established by a Purchase Contract, the parties agree such a relation is governed by the Czech law. The Terms and Conditions are governed by the Czech law, excluding any references to foreign laws. The Convention on Contracts for the International Sale of Goods is not applicable. This provision does not affect Consumers’ rights arising from generally binding regulations. The Czech Republic is the sole place for resolving any dispute which may arise from or in relation to the Terms and Conditions. This does not affect the rights of the Purchaser as a Consumer in the country in which they find themselves. The Seller also has the right to file a suit at the Purchaser’s location.
18.2. Invalidity of the Terms and Conditions. If any provision of the Terms and Conditions is invalid or ineffective or becomes such, it is replaced by a provision which approximates the meaning of the original provision as closely as possible. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Purchase Contracts or the Terms and Conditions can only be changed or amended in writing. Purchaser’s complaints are handled without any undue delay by the Seller who strives for out-of-court resolution. The Purchaser is also entitled to make a complaint to a relevant supervisory or state supervisory body.
18.3. Purchase Contracts, including the Terms and Conditions, are archived by the Seller electronically.
18.4. The purchase contract is concluded with the Purchaser with its registered office or residence in the Czech Republic in the Czech language. A purchase contract is concluded with a Purchaser with a registered office or residence outside the Czech Republic in Czech and English at the same time. In the event of any discrepancy in interpretation or content between the Czech and English language versions of the contract and/or the Terms and Conditions, the Czech language version of the purchase contract and the Terms and Conditions shall prevail.
In Prague, on March 18, 2023
AND LILAC s.r.o.