TERMS AND CONDITIONS
T hese Terms and Conditions (hereafter referred to as – ‘Terms’) include terms of use of the Website (hereafter referred to as – ‘Terms of Use’) and terms of sale (hereafter referred to as – ‘Terms of Sale’) regarding orders placed for Products available on the Website.
These Terms are exclusively governed by the legislation of the Czech Republic. Any dispute regarding a purchase under these Terms will be subject to the exclusive jurisdiction of the Czech Republic courts. These Terms are subject to change and occasional updates.
Definitions
Website – the website which is available at https://www.vpotoky.com/ .
User – any natural person that uses the Website.
Registered User – any User that has registered, logged into his Account and uses the Website.
Account – personal page of the Registered User on the Website with personal information and information about orders.
Company – Velke Potoky sro, a legal entity established under the laws of the Czech Republic, tax ID CZ05299187 and ICO 05299187 with registered address: Maxov 19, Vseruby, 34401, Czech Republic. The Company is a manufacturer and seller of the Goods on the Website.
Consumer (or Customer) – any natural person (including natural person acting on behalf of the company) who has placed an order on the Website or out to do so.
Goods (Products) – any items (eg stands for embroidery, other accessories for embroidery) which are available on the Website.
Sales contract – any contract under which the Company transfers or undertakes to transfer the ownership of Goods to the Consumer and the Consumer pays or undertakes to pay the price.
TERMS OF USE
General terms
T hese Terms of Use should be read and accepted in conjunction with the Website Privacy Policy . User access and use of the Website constitutes User’s agreement to be bound by these Terms of Use between Company and User.
The Website and all rights therein are and shall remain the Company’s or its licensors property.
The Company provides access to the Website free of charge for every User to allow him / her to register, browse and order the Goods, view processing orders, make comments and reviews regarding the Goods etc.
The Company does not guarantee that the Website or any content on it will be always available or working uninterrupted and be free from errors or omissions. The Company would take all necessary actions to make the Website available at any time for everyone.
Access to the Website could be restricted, suspended or withdrawn fully, or in part by the Company at any time without any notice. The Website could be updated or changed without any notice.
Registration on the Website
The registration at the Website could be done either:
1. by filling User personal information when placing an order and pressing button ‘Confirm Order’ or otherwise confirming the order, or
2. by filling User personal information at the specific page of the Website dedicated to the registration and pressing the button ‘Continue’ or otherwise confirming User registration.
One User shall have only one registered Account.
By registering on the Website User confirms:
1. that he / she is aged 15 or above, or for this matter any legal age in his / her country and
2. that all of the mentioned personal information during registration is up to date and accurate and
3. that he / she has read and accepted Company’s Privacy Policy and gave consent to personal data processing.
Registered User can view and edit his / her personal information, change password, modify addresses book and wish list, unsubscribe or subscribe to the newsletter, view order history, return requests, recurring payments and other transactions.
Intellectual Property Rights
All of the content present on the Website, which could be subject to copyright or in this matter any other intellectual property right (eg design), belongs to the Company and / or used by the Company on the Website under permission of the licensors.
Users must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from Company or its licensors.
Users must not modify, copy, distribute, transmit, perform, display, prepare derivative works from, transfer, sell, exploit or otherwise use any content present on the Website without prior written permission of the Company or its licensors.
The Company grants User a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, royalty-free, worldwide license to access and use of the Website and / or access or use any copyrighted content that may be available through the Website.
User grants the Company non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use his / her content present on the Website.
TERMS OF SALE
General terms
These Terms of Sale shall apply to all sales of Goods provided by the Company. Placing an order for Goods on the Website or otherwise placing the order via email constitutes Customers agreement to be bound by these Terms of Sale between Company and Customer. These Terms of Sale do not apply to the bulk orders.
To order any Goods on the Website or via email Customer shall be aged 15 or above, or for this matter any legal age in his / her country.
Ordering and Sales contract
To order the Goods via the Website the Customer has to:
1. register an Account or such registration will proceed automatically when ordering;
2. choose any of the Goods available on the Website, add them to the virtual shopping cart;
3. fill in payment and delivery details;
4. choose shipping and payment method;
5. proceed with checkout by pressing ‘Confirm order’.
The Customer has the opportunity to review, correct and delete any information regarding the order before confirming it. To review, correct and delete any information regarding the order after its confirmation the Customer has to contact the Company via email or dedicated contact form at the Website .
By clicking on the button ‘Confirm order’ or otherwise confirming your order, the Customer is making a binding offer to purchase the Goods that he / she has added to the virtual shopping cart.
After Consumer ordered Goods, the Company will send electronic written notice of receipt of the order on the email used for registration or ordering. This does not mean that the order has been accepted and the Sales contract concluded.
Company’s acceptance of the order and the Sales contract conclusion takes place when the Customer receives confirmation email confirming successful online payment of his / her order. The Consumer has the right to withdraw from the order and / or the Sales contract before making any payments or before any delivery without giving the Company any reason.
The Company explicitly reserves the right not to accept Customers order for any reason. The Company also reserves the right to cancel the Sales contract by electronic written notice to the Customer, without being liable for any damage or costs in relation to the Sales contract canceled, in the following situations:
1. ordered Goods are not available;
2. Customer information is not correct or can not be verified;
3. Customer payment is not received by the Company within 5 days after issuing an invoice for payment or received but not in full price of the order;
4. the Company believes that Customer is under the legal age for the purchase;
5. the Company could not deliver the ordered Goods to the delivery address.
If the Sales contract is canceled by the Company, the latter shall reimburse all payments received from the Consumer not later than 21 days from such cancellation
Availability
The fulfillment of any orders placed via the Website is subject to the availability of the ordered products in stock and confirmation of order payment.
Goods
All relevant information regarding the Goods is present on the Website. The Company is a manufacturer of the Goods and reserves an exclusive right to make any changes or improvements to the design and construction of the Goods improving the quality and functionality of them. The Company shall not specially inform the Customers on any such changes or improvements to the Goods.
Goods images on the Website are for illustrative purposes only and may slightly differ from the actual Goods by virtue of color, shade, shine, saturation, matte.
Due to differences in monitors colors of Goods may also appear different from those of Goods shown on the Website.
Shipping of Goods
Delivery of all Goods present on the Website and ordered by the Consumer is free of charge. The Company ships ordered Goods within 14 days since payment confirmation, however, such term is subject to change.
Of any changes regarding delivery, the Customer will be informed by an electronic means on the Customers email.
Returns
The Consumer has the right to withdraw from the Sales contract within 14 days from the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the Goods, or in case of multiple Goods – acq uires physical possession of the last good or last piece of such good ( cooling off period ).
The right of withdrawal after the delivery of Goods is not provided in such cases:
1. the Goods were modified or changed by the Customer;
2. the Goods are dama ged through the fault of the Customer;
3. the Goods have been in use;
4. the Goods are being returned after the cooling off period.
If the Consumer is to use his / her right to withdraw, he / she shall inform the Company by an electronic means via email o r dedicated contact form at the Website . The exercise of the right of withdrawal shall terminate the Sales contract between the Company and the Consumer.
Upon delivery, the Customer has to inspect the packaging for damage and Goods for completeness of the m. If the Customer notices damage done to the packaging, he must check the Goods for damage.
If it appears that the Goods are damaged or shipped incomplete, the Customer shall not accept the shipment and immediately inform the Company of it by an electron ic means via email or a dedicated contact form at the Website.
If it appears that the Goods are destroyed during the delivery the Customer shall immediately inform the Company of it by an electronic means via email or a dedicated contact form at the Webs ite.
If the Customer accepts the incomplete or damaged Goods and does not have any relevant evidence (eg images, parcel damage report), the Goods are deemed accepted complete or damaged through the fault or careless use of the Customer. The Company migh t need to obtain the incomplete or damaged Goods from the Customer to examine and replace them or reimburse the full price for them. In such cases, all delivery costs shall be paid by the Customer.
The Consumer shall send back the Goods in u se with their original packaging in any event not later than 14 days from the day on which he / she has communicated his / her decision to withdraw from the Sales contract to the Company.
The Company shall reimburse all payments received from the Consumer not later than 21 days from the day on which the Company is informed of the Consumer’s decision to withdraw from the Sales contract. The Company may withhold the reimbursement until the Goods received back. The Company does not reimburse the costs of deliver y if such present.