Terms of service
Seller:
Ines Atelier s.r.o.
ID No.: 237 56 543
Located in: Školská 660/3, Nové Město, 110 00 Prague 1
Email: info@ines.store
Phone: +421 907 458 263
- INTRODUCTORY PROVISIONS
- These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern, in accordance with Section 1751(1) and Section 2079 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the seller (hereinafter referred to as the “Seller“) and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The Seller operates the online store at the web address https://ines.store/ (hereinafter referred to as the “Online Store”).
- These Terms and Conditions take precedence over the application of the Civil Code where the Civil Code does not expressly prohibit such application. In the event that any matter is not governed by these Terms and Conditions, the legal regulations of the Czech Republic, in particular the Civil Code, shall apply.
- Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
- Where these terms and conditions refer to paragraphs (or also “Paragraphs”) or articles (or also “Articles”) without further specification, this means paragraphs or articles of these Terms and Conditions.
- A consumer is defined as any person who, outside the scope of their business activities or outside the scope of the independent practice of his profession, enters into a contract with a business or otherwise deals with a business (hereinafter referred to as the “Consumer”). For the purposes of the definition of a Consumer according to the previous sentence, a business is understood to mean the Seller.
- These Terms and Conditions form part of all contracts concluded between the Seller and the Buyer, in particular purchase contracts, unnamed contracts within the meaning of Section 1746(2) of the Civil Code, as well as framework agreements.
- These Terms and Conditions shall apply to the relationships between the Seller and Buyers who are either Consumers or entrepreneurs.
- Amendments and supplements to these Terms and Conditions shall be binding by the Buyer who is a Consumer if they have been demonstrably communicated to the Buyer.
- CUSTOMER ACCOUNT
- The Buyer has the option to shop in the online store without first creating a customer account (ie, without registration). Or after registration on the basis of a customer account.
- If the Buyer voluntarily creates a customer account (and for this purpose voluntarily grants the Seller consent to the processing of personal data, which is required in addition to these Terms and Conditions), they will create a customer account in the Online store to faciliate ordering of goods and updating the mandatory data necessary for processing future orders. Mandatory data includes in particular: the Buyer's name, surname, shipping address, billing address (if different from the shipping address), telephone and e-mail of the Buyer.
- The Buyer is required to provide only accurate information when registering a customer account. The Buyer is obliged to update this information in the event of any changes, at the latest before each new order following such a change in the Buyer's information.
- During the creation of a customer account (registration), the Buyer is obliged to choose login credentials, which consist of a username and password. The username is a functioning and current e-mail address of the Buyer.
- The Buyer is fully responsible for the use of their customer account and any misuse of the mandatory information provided in the customer account by persons other than the Seller.
- The Buyer is obliged not to disclose their customer account password to third parties. The e-mail service operator is not considered a third party for the purposes of these Terms and Conditions.
- The Buyer is not entitled to disclose the use of the customer account to a third party.
- The Seller reserves the right to cancel the customer account at any time without giving a reason, or to deactivate it due to maintenance or malfunction of the Online store
- CONCLUSION OF THE PURCHASE AGREEMENT
- The Online store (or the web interface of the Online store) contains a list of goods offered by the Seller for sale, including the prices of the individual goods offered (the prices of the goods are stated including VAT). The prices of the goods offered are final.
The offer to sell goods and the prices of such goods remain valid for as long as they are displayed in the Online store; the Seller reserves the right to change the price of the goods at any time.
This provision does not limit the Seller's ability to enter into a Purchase Agreement under individually negotiated terms or to decline to enter into an agreement with the Buyer.
- All offers to sell goods posted in the Online store are non-binding and the Seller is not obliged to enter into a Purchase Agreement regarding these goods.
The goods displayed in the Online store do not constitute a legally binding offer within the meaning of Section 1732, paragraph 2 of the Civil Code. They are merely an invitation addressed to the Buyer to submit a binding proposal to conclude a Purchase Agreement, ie, an offer. The Purchase Agreement is always concluded only upon acceptance by the Seller. Any explicit confirmation of the Buyer's order by the Seller is considered acceptance. The Seller is entitled to cancel the Buyer's order until the moment the goods are handed over to the carrier.
- To order goods, the Buyer fills out an order form at the Online store. The order form includes, in particular:
- Identification of the ordered goods (this identification is listed in the electronic shopping cart, into which the Buyer adds the ordered goods by clicking the “ADD TO CART” button),
- the country of delivery and the currency in which the purchase price of the goods will be paid,
- the method of shipping and the method of payment for the purchase price of the goods, including information on costs associated with the delivery of the goods,
- the Buyer’s identification and contact information (i.e., specifically the first name, last name, billing address, shipping address (if different from the billing address), phone number, and email address)
(hereinafter referred to as the “Order”).
- The Buyer’s identification and contact details may also be provided to the Seller by logging into the Buyer’s established customer account.
- The Buyer is required to provide the Seller with complete and accurate information. If the Buyer fails to provide the Seller with complete and accurate information, the Seller is not obligated to ship the ordered goods to the Buyer, and no Purchase Agreement is concluded.
- Before sending the Order to the Seller—that is, until the moment the “SUBMIT ORDER” button is clicked—the Buyer is able to review and modify the information entered into the Order. The Buyer thus has, among other things, the opportunity to identify and correct errors made when entering data into the Order and to remove individual items (goods) from the electronic shopping cart.
- The Buyer submits the Order to the Seller by clicking the “SUBMIT ORDER” button. The information provided in the Order is considered by the Seller to be complete and accurate. Submission of the Order constitutes the Buyer’s proposal to conclude a Purchase Agreement within the meaning of Section 1731 of the Civil Code.
- Immediately after the Order is submitted, the Seller’s automated system will confirm via email to the Buyer that the Order has been successfully received by the Seller. The Seller will send this confirmation to the Buyer’s email address listed in the customer account or in the Order. The Purchase Agreement is concluded only upon full payment of the purchase price.
- If it is not possible to deliver the confirmed Order to the Buyer for reasons attributable to the Buyer, the Purchase Agreement shall be deemed not to have been concluded; in such a case, the Seller is entitled to reimbursement of reasonably incurred costs and any resulting damages.
- Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer (for example, in writing or by phone) or to request clarification or changes to the terms of delivery or payment method compared to the concluded Purchase Agreement.
- The Buyer acknowledges that the Seller is not obligated to enter into a Purchase Agreement.
- The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Any costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, who acknowledges that the amount of these costs may depend on the terms of the internet or telephone connection used by the Buyer.
- Until the Buyer takes delivery of the goods, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, by wire transfer to the account from which the purchase price was paid by the Buyer, no later than 30 days.
- The Purchase Agreement is concluded upon payment of the full purchase price of the goods and shipping costs.
- PRICE OF GOODS AND PAYMENT TERMS
- The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement online via a secure payment gateway.
- The Seller does not offer the option of paying the purchase price of the goods “cash on delivery”; all goods must be paid for at the time the Order is placed in accordance with Section 4.1 of these Terms and Conditions.
- In addition to the purchase price, the Buyer is also obligated to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with delivery of the goods.
- Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined, and a discount on the purchase price may only be applied to non-discounted goods, i.e., goods for which no discount on the purchase price is indicated.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT WITHOUT STATING A REASON
- The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, the Purchase Agreement cannot be withdrawn from, among other things, if the subject of the purchase is goods modified according to the Buyer’s wishes or for the Buyer’s person. For the avoidance of doubt, it is stated that any goods sold through the online store by the Seller that have been modified in any way, e.g., based on measurements provided by the Buyer and do not correspond to standard clothing sizes, or have been modified in any way at the Buyer’s request.
- Unless it is a case referred to in Section 5.1 or another case where the Purchase Agreement cannot be rescinded without giving a reason, the Buyer has the right to rescind the Purchase Agreement without giving a reason within 14 days:
- from the date the Buyer receives the goods or
- from the date the Buyer receives the last shipment of goods, if the buyer ordered various items in a single order but the seller delivered them separately in two or more shipments, or
- from the date the Buyer receives the last item or part of the goods, if the Seller delivers goods consisting of several items or parts in installments.
- The recommended method for withdrawing from the Purchase Agreement is to fill out the online form at . In the withdrawal notice, the Buyer is required to state their first and last name, Order number, and the date the Order was placed (date of purchase).
- To withdraw from the Purchase Agreement, the Buyer may use the Seller’s form, available in the Online store, or the sample form at ., which is attached to these Terms and Conditions.
- In the event of withdrawal from the Purchase Agreement pursuant to Section 5.2, the Purchase Agreement is canceled from the outset. The Buyer is obligated to send or hand over the goods to the Seller within 14 days from the date on which the notice of withdrawal from the Purchase Agreement was delivered to the Seller. The goods must be returned to the Seller undamaged and unused, with all accessories and components, to the address specified by the Seller.
- After the Buyer returns the goods to the Seller, the Seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are damaged, worn, or shows any signs of use beyond what is necessary for inspecting and testing the goods to the extent that the Buyer would have been able to test the goods when concluding the Purchase Agreement without using any means of distance communication, e.g., in a store.
- In the event of withdrawal from the Purchase Agreement pursuant to Section 5.2, the Seller shall refund the purchase price to the Buyer within 14 days of receiving the notice of withdrawal from the Purchase Agreement, to the account from which the purchase price was paid by the Buyer.
- Notwithstanding the time limit specified in Section 5.7, the Seller is not obligated to send funds to the Buyer before the Buyer returns the goods to the Seller and fulfills the conditions set forth in this Section 5 of the Terms and Conditions. The Seller shall refund the funds to the Buyer within 30 days of the return of the goods and the necessary inspection by the Seller.
- The costs associated with returning the goods shall be borne by the Buyer.
- This entire Article does not apply to a Purchase Agreement concluded with an entrepreneur within the meaning of Section 420 of the Civil Code (hereinafter referred to as the “Entrepreneur”).
- BUYER’S LIABILITY FOR DEPRECIATION OF THE RETURNED GOODS
- If the goods are delivered to the Seller damaged, worn (other than in a manner necessary and essential to familiarize oneself with the nature and characteristics of the goods), or partially consumed, the Buyer is liable to the Seller for the resulting reduction in the value of the goods. In such a case, the Seller is entitled to offset its claim for the reduction in value of the returned goods against the Buyer’s claim for a refund of the purchase price.
- Damage to the original packaging resulting from unpacking the goods is not considered damage to the goods; this does not apply to hygienic packaging.
- SHIPPING AND DELIVERY OF GOODS
- The method of delivery is determined by the Seller, unless otherwise specified in the Purchase Agreement. Goods are delivered via DPD or DHL.
- If the method of transport is agreed upon at the Buyer’s request, the Buyer bears the risk and any additional costs associated with this method of transport, as specified in the Order.
- If the Seller is obligated under the Purchase Agreement to deliver the goods to a location specified by the Buyer, the Buyer is obligated to accept the goods upon delivery.
- The seller will notify the Buyer of a failed delivery attempt via the email address the Buyer provided in the order or has on file in their customer account, and will grant the Buyer a reasonable period to indicate whether they wish to have the goods reshipped.
- If the Buyer requests that the goods be reshipped within the additional period specified in Section 7.4, the goods will be reshipped after the shipping costs have been paid.
- Upon receipt of the goods from the carrier, the Buyer is obligated to check that the packaging is intact and, in the event of any defects, to immediately notify the carrier. If the packaging is found to be damaged in a manner indicating unauthorized access to the shipment, the Buyer is not required to accept the shipment from the carrier. By signing the delivery note or physically accepting the shipment, the Buyer confirms that the packaging containing the goods was intact. The Buyer is also required to physically inspect all delivered goods and, if they show any signs of damage, to contact the Seller immediately. Later complaints will not be considered.
- LIABILITY FOR DEFECTS UPON DELIVERY AND QUALITY WARRANTY
- The rights and obligations of the contracting parties regarding the Seller’s liability for defects, including the Seller’s warranty liability, are governed by generally applicable legal regulations (in particular Sections 1914 to 1925 and Sections 2099 to 2117 of the Civil Code), and in the case of a Consumer, also Sections 2161 to 2174 of the Civil Code and the relevant provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended).
- The provisions set forth below in this article shall not apply to a Buyer who is an Entrepreneur, or if the purchase relates to the Buyer’s business activities, unless the Civil Code provides otherwise. These provisions shall thus apply exclusively to Consumers.
- The Seller warrants to the Buyer that the goods are free from defects upon delivery. In particular, the Seller warrants to the Buyer that at the time the Buyer took delivery of the goods:
- the goods possess the characteristics that the Seller explicitly stated on the online store’s website (usually in the product description) and which are specified in the Purchase Agreement or, if applicable, in the Order; and, in the absence of such an agreement, the characteristics that the Seller or the manufacturer of the goods described or that the Buyer expected given the nature of the goods and based on the advertising conducted by them;
- the goods are fit for the purpose stated by the Seller on the Online store’s website (usually in the product description) or for which goods of this type are typically used;
- the goods are in the appropriate quantity, measure, or weight; and
- the goods comply with legal requirements.
- If a defect in the goods becomes apparent within 12 months of receipt, the goods are deemed to have been defective at the time of receipt.
- The Buyer is entitled to exercise their rights arising from a defect that occurs in the goods within 24 months of receipt.
- Unless it is disproportionate given the nature of the defect, the Buyer may request delivery of new goods free of defects; however, if the defect concerns only a part of the goods, the Buyer may request only the replacement of that part; if such a procedure is not possible, the Buyer may withdraw from the Purchase Agreement. However, if the defect in the goods is such that replacing them with new goods would be disproportionate given the nature of the defect (especially if the defect can be remedied without undue delay), the Buyer is entitled only to have the defect remedied free of charge.
- The Buyer also has the right to delivery of new goods or replacement of a component in the case of a removable defect if the Buyer cannot properly use the goods due to the repeated occurrence of the defect after repair (a third complaint regarding the same defect) or due to a greater number of defects (at least 3 defects simultaneously, each of which prevents the proper use of the goods, or 4 different removable defects). In such a case, the Buyer also has the right to withdraw from the purchase contract.
- If the Buyer does not withdraw from the Purchase Agreement or does not exercise the right to delivery of new goods free of defects, replacement of a part of the goods, or free repair of the goods (see Section 8.6), the Buyer may request a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver new goods free of defects, replace a part of the goods, or repair the goods, as well as if the Seller fails to remedy the situation within a reasonable time or if remedying the situation would cause the Buyer significant difficulties.
- The Seller is liable for defects arising after the goods are taken over during the 24-month warranty period. During this period, the Buyer may exercise their rights arising from defective performance and, at their discretion, demand, in the case of a defect constituting a material breach of the Purchase Agreement (regardless of whether the defect is removable or irreparable):
- remedy of the defect by delivering a new item free of defects or by delivering the missing goods;
- free repair of the defective goods;
- a reasonable discount on the purchase price of the defective goods; or
- withdrawal from the Purchase Agreement (and a refund of the purchase price).
- A material breach is a breach of the sales contract of which the party breaching the contract was aware or should have been aware at the time of concluding the sales contract, and which the other party would not have entered into the sales contract had they foreseen such a breach.
- In the case of a defect constituting a minor breach of the Purchase Agreement (regardless of whether the defect is removable or irreparable), the Buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.
- The Buyer is not entitled to rights arising from defective performance (or the goods are not defective) in the following cases:
- if the goods were sold as defective at a lower price and this defect was specified in the description of the specific goods, or if a lower price was agreed upon due to this defect. The same applies to used goods to the extent corresponding to the degree of prior use or wear and tear the goods had at the time of acceptance by the Buyer.
- if there has been a change in the properties of the goods caused by wear and tear resulting from normal use, improper use of the goods (including failure to follow the instructions for use and maintenance), or insufficient or improper maintenance of the goods (e.g., improper washing, ironing, use of the wrong detergent, etc.), natural changes in the materials from which the goods are made, damage caused by the buyer, a third party, or damage caused by force majeure, and in other cases specified by the Civil Code.
- in the event that the Buyer was aware of the defect prior to taking delivery of the goods (e.g., if it was expressly and clearly stated in the description of the goods in the purchase contract).
- FILING A CLAIM
- The Buyer shall exercise their rights arising from defective performance (hereinafter also “Complaint”) with the Seller, unless otherwise specified, without undue delay after the defect becomes apparent. Continued use of the goods may cause the defect to worsen and result in the goods becoming unusable or make it impossible to assess the cause of the defect.
- To file a Complaint, the Buyer may use the Seller’s sample form, available below.
- As part of the Complaint, the Buyer must provide their contact information and a description of the defect. Upon reporting the defect, or without undue delay after reporting the defect, the Buyer is required to specify how they wish to have the Complaint resolved (i.e., how they wish the defect to be remedied). Changing the chosen method of resolving the Complaint without the Seller’s consent is possible only if the buyer requested a repair of a defect that proves to be irreparable.
- If the Buyer does not exercise their right arising from a material breach of the Purchase Agreement in a timely manner, they have the same rights as in the case of a minor breach of the Purchase Agreement (see Section 8.9).
- The Buyer is required to prove the purchase of the goods to the Seller (preferably with a proof of purchase). The deadline for resolving the complaint begins from the moment the complaint is filed (notified). The Buyer shall hand over or deliver the goods to the Seller or to the designated repair location at the same time as or following the filing of the complaint. The goods should be packed in suitable packaging during transport to prevent damage and should be clean and complete.
- The Seller is obligated to provide the Buyer, who is a Consumer, with written confirmation of when the Complaint was filed, the nature of the Complaint, and the method of resolution requested by the Buyer.
- The Seller shall also issue a confirmation of the date and method of Complaint resolution, including confirmation of the repair and its duration, or a written justification for the rejection of the Complaint. This obligation also applies to other persons designated to perform the repair.
- The Seller or an employee authorized by the Seller shall decide on a complaint filed by a Buyer who is a Consumer immediately; in complex cases, within 5 business days. This period does not include the time reasonably required, depending on the type of goods, for a professional assessment of the defect.
- The Seller or an authorized representative shall decide on a complaint filed by a Buyer who is not a Consumer without undue delay, unless otherwise agreed with the Buyer.
- A complaint filed by a Buyer who is a Consumer, including the rectification of the defect, must be resolved without undue delay, no later than 30 days from the date the Complaint was filed, unless the Seller and the Buyer, who is a Consumer, agree on a longer period. The fruitless expiration of this period is considered a material breach of the Purchase Agreement (see Section 8.8).
- A Complaint filed by a Buyer who is not a Consumer, including the rectification of the defect, will be resolved within the timeframe agreed upon between the Seller and the Buyer who is not a Consumer.
- The warranty period is extended by the time from the filing of the Complaint until its resolution or until the time when the Buyer was required to pick up the item.
- The Buyer is obligated to pick up the goods subject to the complaint no later than 15 days after the expiration of the period by which the Complaint was to be resolved, or within 15 days of notification of its resolution, unless the Seller and the Buyer agree otherwise.
- If the Buyer fails to collect the goods subject to the complaint even after 120 days have elapsed since the Seller notified the Buyer of the resolution of the complaint, the Buyer agrees that the Seller is entitled to sell the uncollected goods, of which the Seller shall notify the Buyer in the notification of the resolution of the Complaint or at any time thereafter; Section 2428 of the Civil Code applies to this sale. If the goods subject to the complaint are unsaleable or significantly damaged, the Seller is entitled to destroy or dispose of such goods after the 120- day period has expired without result.
- ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Buyer acquires ownership of the goods upon payment of the full purchase price or upon receipt of the goods, whichever occurs first.
- The Buyer acknowledges that the software and other components comprising the Online store’s web interface (including photographs of the goods offered) are protected by copyright. The Buyer agrees not to engage in any activity that could enable the Buyer or third parties to unlawfully interfere with or unlawfully use the software or other components comprising the Online store’s web interface.
- When using the Online store’s web interface, the Buyer is not authorized to use mechanisms, software, or other procedures that could negatively impact the operation of the Online store’s web interface. The Online store’s web interface may only be used to the extent that it does not infringe upon the rights of the Seller’s other customers and is in accordance with its intended purpose.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- The Buyer acknowledges that the Seller is not liable for errors arising as a result of interference by third parties and/or force majeure affecting the website or the Online store’s web interface, or as a result of their use of the website or web interface in a manner inconsistent with their intended purpose.
- If a gift is provided to the Buyer along with the goods, the gift agreement between the Seller and the Buyer is concluded subject to the condition subsequent that, in the event of withdrawal from the purchase agreement, the gift agreement regarding such a gift shall cease to be effective, and the Buyer is obligated to return the provided gift to the Seller along with the goods.
- Information about the goods and price provided by the Seller on the Online store’s website is binding, except in cases of obvious errors.
- The Buyer is not entitled to assign any claim against the Seller to a third party without the Seller’s prior written consent.
- DATA PROTECTION
- Disputes between the Seller and the Buyer shall be resolved by the general courts.
- A Buyer who is a Consumer has the right, under the Consumer Protection Act, to out-of-court resolution of a Consumer dispute arising from a sales contract. The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection Authority. Further information is available on the website www.coi.cz.
- Out-of-court resolution of a Consumer dispute is initiated exclusively at the Consumer’s request, and only if the dispute could not be resolved directly with the Seller. The request may be filed no later than one year from the date on which the Consumer first asserted their right, which is the subject of the dispute, with the Seller.
- The Consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at www.ec.europa.eu/consumers/odr/.
- FINAL PROVISIONS
- The Purchase Agreement and these Terms and Conditions are drawn up in the Czech and English languages. The Purchase Agreement may be concluded in the Czech and English languages.
- The Seller may amend or supplement the text of these Terms and Conditions. This provision does not affect the rights and obligations arising from Purchase Agreements concluded during the period of validity of the previous version of the Terms and Conditions.
- If the relationship related to the use of the website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
- The Buyer may submit any Complaints to the Seller in writing or electronically via email to the Seller’s email address (see Article 1). However, the Seller reserves the right not to respond to Complaints from third parties who have not entered into a Purchase Agreement with the Seller.
- If any provision of these Terms and Conditions is or becomes invalid or unenforceable, it shall be replaced by a provision whose meaning most closely approximates that of the invalid provision. The invalidity or unenforceability of any one provision shall not affect the validity of the remaining provisions. Any amendments or additions to the Purchase Agreement or these Terms and Conditions must be made in writing.