for online shop www.fabricshouse.com
1. Basic Rules
1.1 These general business conditions (hereafter referred to as „GBC“) govern online shopping at www.fabricshouse.com (heareafter referred to as „eShop“) operated by LÁTKY MRÁZ s.r.o. Company, located at Haškova 836/10, 170 00 Praha 7 – Holešovice, IČ: 24655317. GBC further specify rights and ogligations for both the seller and the purchaser.
1.2 Description of Terms
A purchaser is a consumer or an entrepreneur.
The consumer/purchaser, or just the consumer is a person who, in contrast to the seller, when closing and fulfilling the contract does not act within his or her business activities, or within his or her unconstrained scope of one's employment.
The purchaser, who is not the consumer, is the entrepreneur. Also considered as the entrepreneur is any person who enters into agreements associated with his or her own business, production or similar activities or within his or her scope of one's employment; respectively a person who is acting on behalf or at the expense of the entrepreneur.
An offer is the legal communication leading toward making the contract for sale of goods and must include essential contract provisions so that the deal can be concluded by the straightforward, unconditional acceptance, and also the contract must demonstrate the willingness of the offer maker to enter into a bargain providing his or her offer is accepted.
2. Prior Making the Contract for Sale of Goods
Under the relevant provisions of law No. 89/2012 Sb., civil law, prior making a contract for sale of goods, the seller discloses to the purchaser the following facts.
2.1 Information about the seller:
Title: LÁTKY MRÁZ s.r.o.
Location: Haškova 836/10, 170 00 Praha 7 – Holešovice
Registered: u Městského soudu v Praze, oddíl C, vložka 163745
Phone: +420 315 721 111
Delivery and billing address: Haškova 836/10, 170 00 Praha 7 – Holešovice
2.2 Merchandise and its key characteristics are published in the online shop. Please note: Posted images are for illustration purposes only and may not fully represent the actual appearence of goods.
2.3 Pricing information given by the seller is binding unless clearly wrong. Prices are given including all taxes (e.g. including VAT) and other fees except for charges associated with shipping and delivery. In case of discounts, both regular prices and discounted prices are shown. All prices are valid for the time they are published in the seller's eShop.
2.4 For information about payment methods and shipping and delivery options, please click here. This page also lists shipping and delivery charges for selected shipping and delivery options. The seller is not implementing any fees associated with selected payment methods.
2.5 Information about the rights due to faulty performance are disclosed in the Article 7 of these GBC.
2.6 The seller is not making a perpetual contract nor a contract with a continuous fulfillment.
2.7 The seller does not sell digital content.
2.8 On eShop www.fabricshouse.com orders can be placed 24 hours a day, 7 days a week.
2.9 Order processing, customer service, online (written) response to a question or else, and verbal communication by calling HOTLINE are during business hours ONLY: Monday-Friday from 8:00 to 16:30.
2.10 Long-distance communication expenses are not different from basic rates (in case of Internet and phone connection according to terms of the purchaser's operator, the seller does not charge any further fees; this does not apply, for example, to contracted delivery.
2.11 The seller requests payment of the purchase price prior turning over the goods and this can be done by bank transfer, by payment on delivery to carrier, or in case of a personal pick up by cash.
2.12 Terms, timeframes, and procedures for cancelling the purchase (contract) are disclosed in the Article 6 of these GBC.
2.13 Information about various technical processes leading toward making the contract for sale of goods are evident from GBC, where these processes are clearly outlined.
2.14 All contracts for sale of goods are stored by the seller.
3. Making a Contract for Sale of Goods
3.1 The purchaser submits the contract proposal to the seller by selecting merchandise from the seller's assortment offered at eShop and its subsequent placement of his or her selections into the shopping cart. It is understood that the shopping cart is the online order form. The order form contains goods description, merchandise code, price, quantity, delivery method and shipping charges, and designated areas for identification information. The purchaser's identification information includes primarily his or her first and last name, (in case of a legal person relevently his or her title or company, identification number), address, city, country, and also email address, phone contact, and delivery address.
3.2 When selecting merchandise, the purchaser cannot deviate from the seller's offer. If he or she does and lists goods different from the seller's offer or goods with different characteristics, the contract is not made. Similarly the seller cannot delivery goods different from the purchaser's selection unless both the purchaser and the seller have agreed otherwise.
3.3 Prior confirming his or her binding order, the purchaser has the right to change merchandise, its quantity, delivery method and shipping charges and to check all data he or she entered on the order form. The offer incorporates the fully executed order inclusive the selected delivery method and resulting shipping charges. The validity of the order is subject to the purchaser's filling in all requirements as specified on the order form, including the purchaser's consent to these business conditions.
3.4 The contract for sale of goods between the seller and the purchaser is made at the moment when the purchaser accepts the offer and the seller issues the order confirmation and sends it to the email address supplied by the purchaser. In case the seller does not issue this order confirmation, it is understood that the contract has not been closed. The purchaser acknowledges that the seller is not obligated to make the contract for sale of goods offered at the seller's eShop, that is the exhibited goods at the seller's eShop do not make up the legal contract offer. This is in harmony with § 1732 Civil law. Also the acceptance of the offer with additions or deviations does not create the acceptance of the offer.
3.5 Offers are processed within 3 business days (maximum) from the time the goods were ordered.
3.6 The seller has the right under relevant circumstances before confirming the order and thus before closing the contract for sale of goods to request from the purchaser the phone or written confirmation of his or her order.
3.7 Relations and potential disagreements resulting from the contract for sale of goods will be governed solely according to applicable laws of Czech Republic and will be resolved by appropriate courts of Czech Republic.
3.8 Contracts for sale of goods are made in Czech language ONLY. If there is the need (from the purchaser's side) for translation of the contract in English or any other language, it is given that any discrepancies in texts, constructions, meanings, or interpreteations, are governed exclusively by the contract for sale of goods in Czech language.
3.9 All information disclosed voluntarily by the purchaser in the note section of the order form is an integral part of the contract; if the purchaser does not agree, it is implied that the contract was not closed. Similarly, in case the seller cannot satisfy requirements, wishes, or choices of the purchaser disclosed on the order form, the seller will send to the purchaser a new offer and will ask him or her to repond to it. Under these circumstances, the contract is made when the purchaser submits the new order and the seller subsequently sends to the purchaser the order confirmation.
3.10 The contract for sale of goods is sent to the purchaser and is stored at the seller's archive for the term of five years at the least from the time the contract was made with the longest period being subject to appropriate legal regulations and to the purpose of successful fulfillment; the contract is not accessible to uninvoled third-parties.
3.11 Order cancellation is possible only before the merchandise is handed over to carrier and/or in case of a personal pick up, before the purchaser takes possession of the goods at one of the seller's pick up locations.
3.12 The purchaser becomes the owner of the goods only after he or she paid in full the agreed purchase price.
4.1 The seller accepts the following payment methods
- Payment in advance by bank transfer (the purchaser makes payment in advance by the standard form of bank transfer from his or her bank account to the account of LATKY MRAZ s.r.s. Company held at Commercial Bank No. 43-6746380297/0100.) Under these circumstances payment must be made within 14 days after closing the contract. If the purchaser does not pay within this timeframe, the contract voids and the order automatically cancels.
- Payment on delivery (the purchaser pays for his or her order to the carrier upon delivery.)
- Payment in cash while picking up the goods at the Pick Up Location in Kralupy nad Vltavou.
- On-line bank transfer ePayment+ (service of ePayment/ePlatba+ forwards the customer to online banking of the bank he or she has selected from the list of banks. Money transfers are handled by AGMO a.s. Company.
- On-line payment using credit cards MasterCard and Visa - payment via secure network 3D Secure
4.2 For information about the accepted payment options, please click here.
4.3 The purchaser clearly agrees with the possiblity of receiving tax documents in the electronic form (instead of in the written form) to his or her email address.
5. Goods Delivery
5.1 The seller delivers the goods in complete to the purchaser within 15 days at the latest from the order confirmation providing that there is no different delivery time listed for a particular merchandise. In case the goods are to be paid in advance by bank transfer, the time starts at the moment the merchandise is fully paid.
5.2 For information about delivery and shipping options, please click here.
5.3 Personal pick up is only possible at the designated eShop Pick Up Locations; for listing, please click here. Within 3 to 5 business days following the receipt of the order confirmation, the purchaser will be notified by email and SMS that his or her order is ready to be picked during regular business hours. Handing over the merchandise is subject to prior payment of the purchase price.
5.4 If the purchaser does not pick up his or her order within six (6) weeks at the latest from the date the email notification (informing him or her that the goods are ready for pick up) was sent, the seller has the right to cancel the order. In case the order (with personal pick up preference) is cancelled, 50% of paid amount is to be charged as the cancellation fee and 50% of paid amount will be promptly returned to the purchaser by issuing a refund to the account used by the purchaser to make the initial payment; in case of a payment by credit card, to the same credit card.
5.5 Merchandise can be sent to the purchaser by his or her chosen delivery service. Delivery charges are governed by the carrier price list valid on the day the order is placed. Within Czech Republic, carries typically delivery the goods within 24 hours after the parcel is handed over to them.
5.6 By making the contract for sale of goods, the seller is obligated to hand over the goods to the purchaser and the purchaser is obligated to pay the seller the agreed purchase price.
5.7 The seller is responsible for merchandise quality and that it has all characteristics agreed to by the two parties and that it is the correct merchandise quantity.
5.8 The seller is obligated to take possession of merchandise ordered and delivered in harmony with the purchase contract and these business conditions.
5.9 In case, it is necessary from the purchaser's side to delivery the goods in a way that is different from the delivery option disclosed in the contract, the seller has the right to request from the purchaser all expenses resulting from this delivery, providing that the purchaser was informed about these expenses in advance.
6. Right to Cancel the Contract for Sale of Goods
6.1 The purchaser has the right to cancel his purchase within 14 days without giving any reason.
6.2 The purchaser has the right to cancel the contract for sale of goods within 14 days without giving any reason from the day following the day on which the purchaser or his or her designated third person (different than carrier) takes possession of the goods. In case the contract is made for several kinds of different goods or it requires multiply deliveries, the purchaser has the right to cancel the contract within 14 days from the day following the day on which he or she or his or her designated third party (different than carrier) takes the last delivery of the goods.
6.3 To exercise the right to cancel a contract for sale of goods, the purchaser must convey the intention to cancel his or her order/contract by sending email to firstname.lastname@example.org or by mailing the appropriate one-party legal action form to the address Látky Mráz s.r.o., V Pískovně 2060, Kralupy nad Vltavou, 278 01, Czech Republic. The purchaser may use the following example of this form (download [.docx], download [.pdf]). The request for cancellation of the contract for sale of goods is submitted on time if it is emailed or mailed before the respective deadline.
6.4 If the purchaser cancels the contract for sale of goods, the seller will timely (without unnecessary delays, within 14 days at the latest from the date he (the seller) received the contract cancellation notice from the purchaser) refund all payments that the seller received from the purchaser including standard shipping and delivery charges (that is except extra charges resulting from the purchaser's choice of upgraded shipping and delivery option that is different (more expensive) from the available standard shipping and delivery option if applicable). The seller will refund all payments using the same payment method that the purchaser used for his or her initial transaction, unless the purchaser have expressly requested otherwise. In any case no extra expenses can occur. The seller will issue the refund upon receiving the returned goods or upon the purchaser's submission of proof that the goods were shipped back to the seller, whichever comes first.
6.5 The purchaser will ship back or deliver in person the goods to the seller's location: Látky Mráz s.r.o., V Pískovně 2060, Kralupy nad Vltavou, 278 01 without any unnecessary delays, within 14 days of cancelling the contract. The goods are returned on time providing that the purchaser ships them back to the seller prior the time limit of 14 days expires. The purchaser covers direct expenses resulting from returning the goods while the highest cost is estimated at 200 Kc. The purchaser can use our service of "Free Returns." To take advanatage of this service, the purchaser asks in writing for Czech Post Office Postage Pre-paid Label by sending an email to the seller at the following address email@example.com.
6.6 The purchaser is responsible for decrease of value of the goods only in case he or she handles the goods in a different manner than is necessary and appropriate to become acquainted with character and features of particular merchandise, including its functionality.
6.7 If the returned merchandise is damaged due to breach of the purchaser's obligations resulting in decrease of value of the goods, the seller is entitled to enforce his right for reimbursement by deducting the respective amount from the sum that is to be returned to the purchaser.
6.8 The seller has the right, until the purchaser takes possession of the goods, to cancel the contract in case the ordered merchandise is not anymore in stock, the production has stopped, or the supplier has significantly changed the price. In this case the seller promptly contacts the purchaser in order to agree on further action, for example changing the goods, changing the ordered quantity, etc. If the payment for the goods has been already received, the seller promptly returns/refunds the paid financial resources (or any overpayment resulting from the mutual agreement between the seller and the purchaser about changing content and/or quantity of the order) to the purchaser in the same payment form that he or she used.
7. Unfulfillment Rights and Obligations
7.1 In case the goods are displaying weaknesses at the time the title passes from the seller to the purchaser (for example, the goods do not have duly expected characteristics, are not suitable for common or agreed usage, are not complete, do not represent correct quantity, size, weight, or quality is lacking any legal, contractual or prior-contractual parameters), the seller is responsible for these defects.
7.2 The purchaser is obligated to carefully inspect the goods taking into his or her possession and to inform without unnecessary delays the seller if any defects are present.
7.3 Before the first use, the purchaser is obligated to carefully study both the purpose for usage and care symbols. The seller is not responsible for damages resulting from product usage, functional characteristics, and damages resulting from unskilled usage as well as for damages caused by external events and by flawed manipulation. Moreover, damages of this kind are not covered under the consumer guarantees provisions.
7.4 The consumer/purchaser can submit, within two (2) years at the latest from the date he or she took possession of the goods, a claim requesting the seller to fix or repair defects at his own expense or to give the purchaser an appropriate price discount; if with respect to the nature of defects, it is reasonable (especially if the defects cannot be fixed without unnecessary delays), the purchaser can request a full or partial replacement: he or she can ask the seller to delivery new items or new parts (if applicable) that are not defective.
7.5 If a repair or replacement of the goods is not possible, the purchaser can cancel the contract for sale of goods and can request a full price refund.
7.6 If defects appear within six (6) months from the date the title passed from the seller to the purchaser, it is assumed that the product was defective on the date the purchaser took its possession.
7.7 The seller is not obligated to accomodate the purchaser's request if he proves that the purchaser/consumer knew about the defect or if he or she caused the defect prior taking possession of the order.
7.8 The seller is not responsible for used goods defects associated with usage and common wear and tear. If the goods are sold at discount, the seller is not responsible for defects for which the price was reduced. In these circumstances the purchaser has the right to request a suitable discount rather than to request an exchange of the product.
7.9 Not covered under the consumer guarantees are damages resulting from normal wear and tear and non-skilled or unauthorized interference, usage, and maintenance. Guarantees will also not be accepted if mechanical damage is caused by the customer, if damages result from excessive and improper use, from insufficient product care, or are caused by higher powers.
7.10 The purchaser has no right to cancel the contract for sale of goods claiming the unfulfillment due to defects for goods imperfections that were brought to his or her attention at the time of making the contract.
7.11 The purchaser/consumer has the right to a defect claim with respect to consumer goods within twenty-four (24) months from the date he or she took possession of the merchandise.
7.12 The purchaser/entrepreneur has the right to a defect claim for defects that the item had at the time the danger of loss was passed to the purchaser, even if discovered later. The right of the purchaser/entrepreneur is present even if the defect caused by the seller's breach of his duties is discoverd later.
7.13 The purchaser is obligated to inform the seller about defects without any unnecessary delays from the time that he or she could have discovered it during the timely examination and sufficient care.
7.14 Within this timeframe, the purchaser/consumer has the right to file a claim and in case of defects exhibiting the considerable breach of contract, he or she has a choice of asking (regardless if the defects are repairable or not):
- To remove the defect by delivering new items or delivering missing items.
- To fix defects by a free of charge repair.
- The appropriate discount from the sale price.
- Refund of the sale price by cancelling the contract for sale of goods.
7.15 It is essential that the breach of contract is to due the unfulfillment of the contract that the party breaching the contract knew at the time of making the contract or the breaching party should have known that the other party would not have made the contract if this kind of breach would be anticipated.
7.16 In case of defects involving inconsiderable breach of contract (regardless if the defects are repairable or not), the purchaser/consumer has the right for the removal of the defect or the appropriate discount from the sale price.
7.17 If the repairable defect shows up again after the product has been repaired (three claims for the same defect or four claims for different defects) or the product has a higher number of defects (three defects at the least), the purchaser/consumer can submit his or her right to request a discount from sale price, an exchange of the product, or he or she can decide to cancel the conctract for sale of goods.
7.18 The purchaser must report all discovered defects in a written form, either by sending email to firstname.lastname@example.org or by mailing his or her correspondence to Latky Mraz s.r.o., V Piskovne 2060, Kralupy nad Vltavou, 27801 within three (3) days from taking possession of the goods.
7.19 In case, the purchaser requests to remove the defect by delivering a new, defect free item or by asking for a free of charge repair, it is necessary that upon submitting his or her claim, he or she promptly ships the flawed goods along with a copy of sale receipt to the following address Látky Mráz s.r.o., V Pískovně 2060, Kralupy nad Vltavou, 278 01.
8. Personal Data Protection
8.1 By making the contract for sale of goods with Latky Mraz, the purchaser gives the seller his or her consent to collect, manipulate, store and use data that he or she discloses for the purpose of information and accounting systems that the seller employs and also for other usage within the seller's marketing activities, such as informing its consumers about new products.
8.2 Personal contact data (collected by the seller with the purchaser's consent which he or she gives the seller by closing the contract) are used solely for the seller's needs and will not be given to other parties, except for payment processing operators.
6.3. The seller pledges that sensitive initial data that the purchaser enters into online ePlatba+ banking system are protected by secure bank networks and that these data do not come into settings of third parties. Payment processing operators have access only to information about transactions that banks forward to them upon transactions are processed.
8.4 The purchaser gives the seller consent to collect and manipulate his or her personal data until the purchaser revokes this consent in writing and mails it to Látky Mráz s.r.o., V Pískovně 2060, Kralupy nad Vltavou, 278 01 or writes an email to email@example.com
9. Protection of Personal Data
9.1 The Seller will process the personal data of the Buyer for the purposes of entering into and managing the agreement and performing supplies under the same, and so as to comply with its legal duties and, subject to the Buyer's consent, to improve the services and offers of the Seller and for marketing purposes, including the distribution of commercial messages and of customized advertisements, or such other purposes for which the Buyer has given consent.
9.2 Personal data will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and 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) and related Czech laws and regulations, and in accordance with the Seller's Data Processing Policy, which sets out the manner in which the Seller handles the Buyer's personal data, what information about the Buyer it stores, how it uses this information, and to whom such information may be transferred. The Data Processing Policy also includes a list of all rights which the Buyer enjoys in connection with the processing of personal data, i.e., in particular, the right to be informed, the right to demand the correction or deletion of data, and the right to revoke consent at any time.
9.3 In connection with the processing of personal data, the Seller represents and affirms that it processes personal data in accordance with the requirements set out in the law; it has ensured that all individuals who get to process the personal data have committed to secrecy or are subject to a statutory duty to secrecy; it has taken suitable technical and organizational measures to ensure the requisite level of personal data security; and in the event of a breach of personal data security with potential consequences for the rights and freedoms of individuals, the Seller will notify the supervisory authority and, as the case may be, the data subjects.
LÁTKY MRÁZ s.r.o.
Operator of eShop