Privacy policy

Terms and Conditions

For the company Alexmonhart s.r.o.

with its registered office at Jana Zajíce 254/24, 170 00 Prague 7 – Bubeneč

Company ID: 05910510

registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 272858

for the sale of goods through an online store located on the website www.alexmonhart.com

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the “terms and conditions”) of the company Alexmonhart s.r.o., with its registered office at Jana Zajíce 254/24, 170 00 Prague 7 – Bubeneč, Company ID: 05910510, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 272858 (hereinafter referred to as the “seller”) regulate, in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller’s online store. The online store is operated by the seller on the website located at the internet address www.alexmonhart.com (hereinafter referred to as the “website”) through the website’s store interface (hereinafter referred to as the “store interface”).

1.2. These terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods within their business or entrepreneurial activity.

1.3. Provisions different from the terms and conditions can be agreed upon in the purchase contract. Deviations in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are prepared in the Czech language. The purchase contract can be concluded in both Czech and English languages.

1.5. The presented goods on the website are not considered an offer within the meaning of § 1732 para. 2 of the Civil Code.

1.6. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.

2. USER ACCOUNT

2.1. The buyer has the option to purchase goods through their registered user account, which they can create before making a purchase on the website or in the final steps of placing an order through the store interface. Based on this registration, the buyer can access their user interface (hereinafter referred to as the “user account”). Additionally, the buyer has the option to order goods without registration directly through the store interface of the website.

2.2. When registering on the website and when ordering goods, the buyer is obligated to provide all information accurately and truthfully. The buyer is required to update the information provided in their user account in the event of any changes. The information provided by the buyer in their user account and when ordering goods is considered accurate by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obligated to maintain confidentiality and discretion regarding the information necessary for accessing their user account. The buyer is not authorized to allow third parties to use their user account.

2.4. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software equipment or the necessary maintenance of third-party hardware and software equipment.

 

3. ORDERING AND CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The online store interface contains information about the goods, including the prices of individual items. The prices of goods are stated including value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the online store interface. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.

3.2. The online store interface also contains information about the costs associated with packaging and delivery of goods. The costs associated with packaging and delivery of goods may vary depending on the chosen country to which the ordered goods are to be delivered, as chosen by the buyer.

3.3. To order goods, the buyer completes an order form in the online store interface. The order form includes, in particular, information about:

3.3.1. The ordered goods (the buyer “places” the ordered goods in the electronic shopping cart of the online store interface),

3.3.2. The method of payment of the purchase price of the goods, the details of the desired method of delivery of the ordered goods, and

3.3.3. Information about the costs associated with the delivery of goods (hereinafter collectively referred to as the “order”).

3.4. Before submitting the order to the seller, the buyer is allowed to check and modify the information that the buyer has entered into the order, even with regard to the buyer’s ability to detect and correct errors in data entry into the order. The buyer submits the order to the seller by clicking the “Order” button. The information provided in the order is considered correct by the seller. The seller will confirm receipt of the order to the buyer without delay by email, to the email address provided by the buyer in the user account or in the order (hereinafter referred to as the “buyer’s email address”).

3.5. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, expected shipping costs), to ask the buyer for additional confirmation of the order (e.g., in writing or by phone).

3.6. The contractual relationship between the seller and the buyer arises upon the acceptance of the order (acceptance), which is sent to the buyer by the seller by email to the buyer’s email address.

3.7. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer in the use of remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller using the payment method specified by the seller on the website. The costs associated with the packaging of the goods are included in the costs associated with the delivery of the goods.

4.2. Together with the purchase price, the buyer is obligated to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or any similar payment from the buyer. This provision does not affect the provisions of clause 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment upon delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 5 days from the conclusion of the purchase contract.

4.5. In the case of non-cash payment, the buyer is obligated to pay the purchase price of the goods together with specifying the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.

4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order under clause 3.5, to request the payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119 para. 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. The seller will issue a tax document – an invoice to the buyer, which serves as proof of the purchase of goods.

 

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that, in accordance with § 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the supply of goods that have been customized according to the buyer’s requirements.

5.2. If it is not a case referred to in clause 5.1 or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement without giving a reason, in accordance with § 1829 para. 1 of the Civil Code, within fourteen (14) days from the receipt of the goods. This period is considered to be observed if the buyer sends a notification to the seller during this period that they are withdrawing from the purchase agreement. The buyer may send the withdrawal from the purchase agreement, among other means, to the seller’s store at Jana Zajíce 254/24, 170 00 Prague 7 – Bubeneč, Czech Republic, or to the seller’s email address: “info@alexmonhart.com”.

5.3. In the event of withdrawal from the purchase agreement under this article, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the date of withdrawal from the agreement by the buyer. The day of withdrawal is considered to be the day on which the withdrawal from the agreement was delivered to the seller. If the buyer withdraws from the purchase agreement, the buyer shall bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.

5.4. In the event of withdrawal from the agreement under clause 5.2 of the terms and conditions, the seller shall refund the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase agreement by the buyer, in the manner agreed upon by the parties, but primarily by non-cash transfer to the account specified by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obligated to return the received funds to the buyer until the buyer returns the goods to the seller or proves that the goods have been sent to the seller.

5.5. The goods must be returned to the seller undamaged and unused, in their original packaging.

5.6. Within fourteen (14) days from the return of the goods by the buyer under clause 5.3 of the terms and conditions, the seller is entitled to inspect the returned goods, especially to determine whether the returned goods are damaged or worn. The buyer acknowledges that if the returned goods, as well as all accessories including the original packaging, are damaged, the seller is entitled to claim compensation for the damage caused. The right to compensation for the damage incurred shall be unilaterally set off by the seller against the buyer’s claim for the return of the purchase price.

6. SHIPPING AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on the buyer’s special request, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If, according to the purchase agreement, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obligated to take over the goods upon delivery.

6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or with the different method of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obligated to check the integrity of the packaging of the goods and, in the event of any defects, to immediately notify the carrier. If it is found that the packaging is damaged, indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods met all conditions and requirements, and any subsequent claims regarding the damage to the packaging of the shipment will not be considered.

6.5. The goods are delivered in the Czech Republic by the DPD courier service.

6.5.1.Delivery of goods in the Czech Republic is free for orders over CZK 3,000.

6.6. The goods are delivered internationally by  DHL Express by air for European countries (excluding the Czech Republic), the USA, and Canada.

6.6.1. Delivery of goods to Canada and the USA is free for orders over CZK 15,000.

6.6.2. Delivery of goods to the European Union (excluding the Czech Republic) is free for orders over CZK 7,000.

6.6.3. Delivery is free for orders in other currencies, but only after exceeding the limits specified in this article, converted according to the current exchange rate at the time of ordering.

 

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, Warranty, Complaints

7.1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the relevant mandatory legal regulations (in particular, the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and § 2158 et seq. of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The seller is responsible to the buyer that the sold item complies with the purchase agreement, especially that it is free from defects. Compliance with the purchase agreement means that the sold item has the quality and characteristics required by the agreement, described by the seller, the manufacturer, or their representative, or expected based on their advertising, or that it has the qualities and characteristics customary for an item of the same kind, meets the requirements of legal regulations, is in the appropriate quantity, measure, or weight, and serves the purpose for which the seller states the item is intended or for which such items are typically used.

7.3. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four (24) months from receipt. This warranty period runs from the moment the complaint is made until the buyer is obliged to take over the goods after the complaint is settled. If the result of the complaint procedure is the replacement of the claimed product, the warranty period for the new goods begins again from the date of receipt of the new goods. In the case of replacement of a defective component, the new warranty period applies only to the replaced part of the goods.

7.4. A complaint must be submitted without undue delay, as soon as the defect is discovered. Any delay in reporting the defect while continuing to use the goods may result in the worsening of the defect, depreciation of the goods, and may be a reason for rejecting the complaint. The moment of filing the complaint is considered to be the moment when the seller received the claimed goods from the buyer.

7.5. To file a complaint, it is necessary to provide a receipt and proof of purchase of the goods, or a warranty certificate if issued, the goods themselves in a complete state, cleaned, free from all impurities, and hygienically safe, and specify the claimed defect of the goods. The seller is entitled to refuse to accept the goods for the complaint procedure if they do not meet the above principles.

7.6. The buyer shall submit a complaint by sending or personally delivering the goods to the address of the seller Alexmonhart office, Choustník 11, Choustník 391 18, Czech Republic. Furthermore, the buyer is required to specify how the defect manifests itself.

7.7. In the event that the goods have a defect, the buyer is entitled to request, at their discretion, either (i) the removal of the defect by supplying new defect-free goods (replacement of damaged goods with new ones) if it is not disproportionate due to the nature of the defect, or (ii) the supply of missing goods, or (iii) the repair of the goods, or (iv) a reasonable discount from the purchase price. The buyer may withdraw from the purchase agreement if the seller does not remove the defect in time or refuses to remove it, if the defect is unremovable, or if the buyer cannot use the goods due to the recurrence of the defect after repair or a greater number of defects.

7.8. The buyer shall notify the seller of their chosen right when reporting the defect or without undue delay after reporting the defect. If the buyer fails to choose their right in time, they have rights as in the case of an insignificant breach of the contract under § 2107 of the Civil Code. If the defective performance is an insignificant breach of the contract, the buyer has the right to have the defect removed.

7.9. In the case of the exercise of the right to the removal of a defect by repairing the item, the buyer has the right to have the defect removed free of charge, promptly, and properly. The seller is obliged to remove the claimed defect without undue delay, but no later than within thirty (30) calendar days from the date of the complaint. In justified cases, the seller is entitled to request a longer period from the buyer. The seller informs the buyer of the outcome of the complaint procedure by email. Removable defects are considered those defects that can be removed by repair without affecting the appearance, functionality, and quality of the product.

7.10. A defect of the goods shall not be considered if it arises during the warranty period due to its wear and tear, incorrect use, inadequate or improper maintenance, as a result of natural changes in the material from which the goods are made, due to any external influence, or any other improper intervention by the buyer or a third party.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. If the method of using the goods is specified in the instructions for use, the buyer is obliged to familiarize themselves with these instructions before starting to use the goods and to follow them.

8.3. The buyer acknowledges that the software equipment and other components that make up the website and the web interface of the store, including photographs and additional texts of the offered goods, are subject to intellectual property rights. The buyer undertakes not to use them without the consent of the seller or the authorized holder of these rights.

8.4. The seller is not bound by any codes of conduct in relation to the buyer under the provisions of § 1826 para. 1 letter e) of the Civil Code.

8.5. The buyer acknowledges that the seller is not responsible for errors resulting from the interference of third parties with the website or from the use of the website in violation of its purpose.

 

9. DATA PROTECTION and Sending Commercial Messages

9.1. The protection of the personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, as well as by Regulation (EU) 2016/679 (GDPR).

9.2. The buyer agrees to the processing of their personal data: name and surname, residential address, email address, telephone number, and optionally the name of the company (hereinafter collectively referred to as “personal data”).

9.3. The buyer agrees to the processing of their personal data by the seller for the purpose of fulfilling the rights and obligations of the purchase agreement and for the purpose of managing the user account. The buyer has the option to subscribe to the Newsletter, i.e., to receive information and commercial communications, through an “opt-in” mechanism. However, this option is entirely independent of the actual conclusion of the purchase agreement, and the validity of the purchase agreement is not contingent on it.

9.4. The buyer acknowledges that they are obliged to provide their personal data (when registering, in their user account, when placing an order through the web interface of the store) accurately and truthfully, and that they are obliged to inform the seller without undue delay of any changes in their personal data.

9.5. The processing of the buyer’s personal data may be entrusted by the seller to a third party as a processor. Apart from persons delivering the goods, personal data will not be disclosed to third parties by the seller without the prior consent of the buyer.

9.6. Personal data will be processed for a reasonable period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the personal data provided are accurate and has been informed that the provision of personal data is voluntary.

9.8. If the buyer believes that the seller or the processor (clause 9.5) is processing their personal data in a manner that is contrary to the protection of their private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, the buyer may:

9.8.1. request an explanation from the seller or the processor,

require the seller or the processor to remedy such a situation.

9.8.2. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable fee not exceeding the costs necessary to provide the information. The buyer declares that they have been informed that the consent to the processing of personal data may be revoked in writing and delivered to the seller.

10. COOKIES

10.1. The buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase agreement without storing so-called cookies on the buyer’s computer, the buyer may withdraw their consent to the use of cookies at any time.

11. DELIVERY

11.1. Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered to the other party in writing, either by electronic mail, in person, or by registered mail via a postal service provider (at the sender’s choice). The buyer is delivered to the email address provided in the order.

12. FINAL PROVISIONS

12.1. If a relationship established by a purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. In case of disputes, the locally competent court is the District Court for Prague 7, or the Municipal Court in Prague. This does not affect the consumer’s rights arising from mandatory legal regulations.

12.2. If any provision of these terms and conditions is invalid or ineffective, or becomes so, the provision whose meaning comes closest to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.

12.3. Supervision over compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is exercised by the Czech Trade Inspection.

12.4. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

These terms and conditions are valid from 22.10.2018.