General Terms and Conditions of Enora s.r.o.
1. Introductory provisions
These General Terms and Conditions (hereinafter also referred to as the “GTC” or “General Terms and Conditions”) are issued by Enora s.r.o., with its registered office at Bořivojova 1192/93, Žižkov, 130 00 Prague 3, ID No. (IČO): 140 11 441, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 358858 (hereinafter also referred to as the “Seller”), in order to regulate in more detail the rights and obligations of the Seller and its customers (hereinafter also referred to as the “Buyer”) in connection with the purchase of goods via an online store of the Seller at www.jacadi.cz (hereinafter the “Website” or “Online Store”).
Any and all contractual relationships between the Seller and its customers shall be established in compliance with the laws of the Czech Republic, particularly with Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”). If a Buyer is classed as a consumer, the relationships that are not expressly regulated herein shall, in addition to the relevant provisions of the Civil Code, also be governed by Act No. 634/1992 Coll., on Consumer protection, as amended.
Terms and definitions:
“Seller” shall mean Enora s.r.o. that enters into and performs a contract in the course of its commercial or other business activities. The Seller is a business operator that delivers products (goods) to Buyers.
“Buyer classed as a consumer” shall mean an individual, who does not enter into or perform a contract with the Seller in the course of his or her business activities or within the scope of his or her independent employment. Therefore, the aforementioned term refers to someone who purchases products for other purposes, particularly for his or her own use.
“Buyer not classed as a consumer” shall mean a business operator that purchases products from the Seller in the course of its business activities or within the scope of its independent employment.
“Reservation” shall mean that certain goods are reserved at a specific purchase price and within a specific point of sale of the Seller. A Reservation shall not be considered an order placed via the Online Store and shall not be further governed by these General Terms and Conditions. Consequently, if a contract of purchase is subsequently concluded, such contract shall not be a distance contract. If a product is added to the Online Store shopping cart, it shall not be regarded as a Reservation.
“Brick-and-mortar Store” shall mean the premises of the Seller, where products are being sold in the traditional manner (i.e. not by means of distance communication) and where goods ordered via the Website may also be collected or returned (in the circumstances described below), as appropriate. As of the effective date hereof, Brick-and-mortar Store shall mean the premises of the Jacadi boutique located at Široká 12, 110 00 Prague 1, with the following current opening hours: Monday – Saturday from 10:00 am to 7:00 pm and Sunday from 11:00 am to 6:00 pm.
“Registered Customer” shall mean a customer that uses the Seller’s Website after his or her registration – i.e. after filling in his or her basic contact details, including, in particular, his or her full name, contact address, email address and telephone number, where appropriate, together with his or her consent to the processing and storage of such data. A Registered Customer has his or her electronic account within the Website, where he or she can sign in and that contains a list of such Registered Customer’s previous orders, invoices, and other details. The Seller assumes that any personal data provided by a Registered Customer are true and kept up-to-date by such Registered Customer.
“Guest User” shall mean a customer who uses the Seller’s Website without registration, i.e. a customer other than a Registered Customer.
2. Buyer’s order and its confirmation by the Seller
By placing an order, the Buyer confirms to be familiar with these GTC and accepts them without reservation.
A contract of purchase between the Seller and the Buyer is concluded (through the Online Store) at the moment the Buyer receives an order acceptance from the Seller – i.e. at the moment of delivery of the confirmation of acceptance of the Buyer’s proposal for the conclusion of a contract of purchase made in the Online Store. Once a contract of purchase is concluded between the Buyer and the Seller, it shall be binding on the parties and the parties shall have mutual rights and obligations arising from such contract of purchase. These GTC shall form an integral part of any concluded contract of purchase.
Immediately after an order is processed, the Seller shall send a confirmation of order acceptance (acceptance of a proposal for the conclusion of a contract of purchase) to the Buyer in the form of an automatic email. A contract of purchase is concluded at the moment the aforementioned order acceptance is sent.
Where this is not the case, the Seller shall immediately contact the Buyer with a communication other than a simple order acceptance pursuant to the preceding paragraph. Such other communications may include:
(a) Order rejection (e.g. in case of unavailability of goods, incorrect prices, etc.);
(b) Notification of temporary unavailability of goods without a specific delivery date of such goods, asking the Buyer if he or she still wishes to enter into a contract of purchase;
(c) Notification of temporary unavailability of goods with a specific delivery date of such goods, asking the Buyer if he or she still wishes to enter into a contract of purchase.
In cases specified in subsections (b) and (c) above, a contract of purchase shall be concluded at the moment the Seller receives an email offer confirmation from the Buyer.
All orders placed by the Buyer via the Online Store shall be deemed to be binding on the Buyer. However, the Buyer may unilaterally cancel or modify his or her order if the Seller receives such order cancelation/modification before the Seller’s order acceptance is sent to the Buyer.
After the Buyer places his or her order, the Seller and the Buyer shall communicate via email; however, the Buyer may also be contacted by telephone.
Orders placed in any way other that those listed above may not be accepted by the Seller and shall not be binding on the Seller in any way.
3. Hours of operation of the Online Store
Orders placed through the Online Store are received 24 hours a day, 7 days a week, unless exceptional circumstances (particularly those of technical nature) prevent this; however, the Seller shall always attempt to notify its customers of such circumstances by appropriate means, as soon as the Seller becomes aware thereof.
The current telephone numbers of the Seller are available on the Seller’s Website.
The Buyer agrees to the use of means of distance communication in connection with the conclusion of a contract of purchase. Any costs incurred by the Buyer in using such means of distance communication in connection with the conclusion of a contract of purchase (Internet connection/access costs, telephone charges, etc.) shall be borne by the Buyer; such costs shall not vary from standard rates specified by Buyer’s operators.
All prices listed in the Online Store represent contract prices. The prices shown on the Online Store Website (www.jacadi.cz) at any given point shall always represent up-to-date applicable prices. These prices are final and always include VAT.
The prices do not include other charges that must be borne by the Buyer, where appropriate, particularly any shipping charges, packaging costs, storage costs, payment fees, etc.; where appropriate, such charges, costs or fees shall be quoted separately. The Seller may cover shipping charges for orders that exceed certain amount, as specified by the Seller; the Buyer shall be notified of the current minimum amount to qualify for free shipping on the Website.
The Seller reserves the right not to deliver any ordered products at the listed prices in case of obvious pricing errors. When assessing obvious pricing errors, the perspective of the average consumer regarding the difference between usual prices and the prices listed in the Online Store shall be crucial; in this context, usual prices shall mean prices of identical or comparable products or substitutes (in terms of their use) offered on the market at the given time and place. If the difference proves to be substantial, it is clear that there is an obvious pricing error that renders the concluded contract of purchase invalid and gives rise to the aforementioned right of the Seller not to deliver the relevant product(s) to the Buyer and return any amount(s) already paid to the Buyer without any undue delay.
Promotional prices shall only be valid until supplies of the relevant promotional items last or for a period of time specified by the Seller, as appropriate.
Currently offered discounts are shown directly in the details of individual products.
Discounts on the prices of goods (if any) granted by the Seller to the Buyer cannot be combined.
Costs and charges associated with individual shipping and payment methods are specified in the Terms of delivery and Payment terms sections.
5. Payment terms
The Seller accepts the following payments:
⦁ Payment in cash upon personal collection of goods;
⦁ Payment by payment card upon personal collection of goods;
⦁ Payment by payment card via an online payment portal;
⦁ Payment by bank transfer to an account of the Seller;
⦁ Payment in cash made to a carrier upon delivery of goods (or by payment card, if the relevant carrier supports card payments).
Shipping charges shall be governed by the Seller’s pricelist applicable on the day of the relevant order and shall be shown in such order; please note that the payment of purchase price upon delivery of goods by a carrier may be associated with certain fees.
The goods shall remain the Seller’s property until the price has been paid in full; however, the risk of damage to the goods shall transfer to the Buyer upon the acceptance thereof. The Buyer shall thus only acquire title (ownership) to the goods after the purchase price of such goods has been paid in full.
The Seller shall issue a tax invoice to the Buyer on the basis of the relevant contract of purchase. The Seller is liable to pay value added tax. The Seller shall issue such tax invoice to the Buyer at the moment the relevant goods are shipped and shall email it to the Buyer’s email address.
6. Terms of delivery
All shipping methods that are currently available are listed on the Seller’s Website. These methods include, but are not limited to:
⦁ Personal collection
Only the Buyer may collect goods at a place designated for this purpose (primarily the Brick-and-mortar Store); the Buyer must sufficiently identify himself/herself with a unique code sent to the Buyer by the Seller. Personal collection is only possible at selected locations, as offered by the Seller on its Website at the moment an order is placed, and solely during the hours of operation of such locations.
⦁ Personal collection at a carrier’s delivery point
Goods may also be delivered to the Buyer to a specified delivery point of the carrier selected by the Buyer; such goods must then be collected by the Buyer from the relevant location within the period specified by an operator of such shipping service – subject to presentation or entry of a unique code. Personal collection at a delivery point is only possible at selected locations, as offered by the carrier at the moment an order is placed, and solely during the hours of operation of such locations.
⦁ Shipping service
Goods may be delivered to the Buyer by a shipping service offered by the Seller. The carrier usually delivers shipments in the Czech Republic within 5 working days. In case of express delivery, shipments are delivered within 2 working days. Associated shipping charges shall be governed by the Seller’s pricelist applicable on the day of the relevant order and shall be shown in such order. In the event goods are not delivered to the Buyer within 10 working days from the expected delivery date specified by the Seller for reasons resting with the Seller, and provided the Buyer complies with all the relevant requirements (particularly the advance payment of the purchase price, where such payment method is selected), the Buyer shall be entitled to withdraw from the relevant contract, without prejudice to any other rights of the Buyer.
Any incomplete or damaged consignments may be returned to the carrier. However, if the Buyer accepts an incomplete or damaged consignment, he or she must draw up a damage report with the carrier and email it to the Seller without any undue delay. Subsequent complaints of an incomplete shipment or external damage to a consignment shall be without prejudice to the Buyer’s right to make a complaint in the given matter; however, the Seller will then have the opportunity to demonstrate that it is in breach of the contract of purchase.
7. Contract withdrawal
In accordance with the provisions of Section 1829(1) of the Civil Code, a Buyer classed as a consumer may withdraw from a contract of purchase concluded via the Online Store within fourteen (14) days from taking delivery of goods. If a contract of purchase covers several types of products or delivery of several partial shipments, the aforementioned period starts from the day of receipt of the last product or partial shipment. The notice of withdrawal must be sent to the Seller within the specified period. The Buyer may send such notice of withdrawal either in paper form to the Seller’s address or in electronic form to the Seller’s email address (email@example.com). The notice of withdrawal shall always include an order number and product name/reference number (as shown in an order). The Buyer may also use a standard contract withdrawal form that is available on the Website.
Unless expressly specified otherwise, a consumer may not withdraw from contracts covering:
⦁ Supply of sealed goods that were unsealed by the consumer after delivery and cannot be returned for hygiene reasons;
⦁ Supply of goods customized for or at the request of the consumer, as well as products that are perishable or subject to wear and tear or obsolescence.
In the event of withdrawal from a contract of purchase, such contract of purchase shall be null and void. The relevant goods must be returned to the Seller within fourteen (14) days from the contract withdrawal, undamaged, unused, free of dirt, unwashed and with the original tag, and the Buyer is required to send the goods to the Seller in the original packaging together with a delivery note or invoice. If the Buyer withdraws from a contract of purchase, any costs incurred in connection with the return of the relevant goods shall be borne by the Seller; however, solely to the extent of standard shipping methods. The Buyer is required to ship the goods to the address of the Brick-and-mortar Store (Široká 12, 110 00 Prague 1), unless the Seller specifies otherwise in its email reply to the notice of withdrawal.
If a consumer withdraws from a contract of purchase, the Seller shall refund the full amount received from the Buyer, including any shipping costs, within fourteen (14) days from withdrawal from such contract of purchase; the refund shall be carried out in the same manner in which the Seller received the Buyer’s payment. Furthermore, the Seller may also reimburse the Buyer once the goods are returned or otherwise, provided the Buyer agrees to this and does not incur additional costs in this connection. If the Buyer withdraws from the contract of purchase, the Seller shall return any received amount(s) to the Buyer no later than five (5) days of returning the goods. If the Buyer selects a shipping method other than the least expensive shipping method offered by the Seller, the Seller shall reimburse the Buyer for shipping costs of the goods in the amount corresponding to the least expensive shipping method offered by the Seller.
The Seller may unilaterally set off any damages to the goods against the Buyer’s claim for a purchase price refund.
If Seller’s attempts to deliver the goods prove to be unsuccessful, particularly if the Buyer fails to provide his or her assistance, the Seller may withdraw from the contract of purchase. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, usually by a bank transfer to an account specified by the Buyer.
If any free product (gift) is provided to the Buyer together with the goods, the relevant deed of gift shall be entered into by and between the Seller and the Buyer subject to the following condition subsequent: in the event of withdrawal from the contract of purchase, the deed of gift relating to the free product (gift) in question shall terminate in respect of such gift and the Buyer shall return it, together with the goods, to the Seller.
If the Seller is required to reimburse the Buyer for the purchase price already paid (particularly in the event of either party’s withdrawal), the Buyer may be required to provide proof of identity for the issuance of a credit note (corrective tax document) in order to safeguard Buyer’s rights.
Return of goods in the event of contract withdrawal:
Goods may be shipped to the address of the Brick-and-mortar Store - Široká 12, 110 00 Prague 1 – unless specified otherwise by the Seller.
8. Rights relating to defective performance
Rights and obligations with regard to the rights relating to defective performance shall be governed by the applicable generally binding legal regulations (particularly by provisions of Sections 1914 through 1925, 2099 through 2117, and 2161 through 2174 of the Civil Code).
The Seller warrants to the Buyer that the goods are free from defects at the time the Buyer takes delivery of such goods. In particular, the Seller warrants to the Buyer that, at the time the Buyer takes delivery of the goods:
⦁ Such goods shall have the characteristics agreed by the parties and, if no such agreement exists, such goods shall have the characteristics presented by their Seller or manufacturer or characteristics that may be expected by the Buyer due to the nature of such goods and any advertising thereof by the Seller or manufacturer;
⦁ Such goods shall be fit for the purpose presented by the Seller or the purpose for which this type of goods is usually used;
⦁ The quality or design of the goods corresponds to the quality or design of an agreed sample or model, provided the quality or design was defined on the basis of such agreed sample or model;
⦁ The goods are in the appropriate quantity, size or weight;
⦁ The goods comply with any legal requirements.
The aforementioned provisions shall not apply to any goods that are sold at a lower price due to a defect, for which the lower price was agreed, to any wear and tear of goods caused by the normal use thereof, to defects of used goods corresponding to the extent of use or wear and tear of the goods at the moment they were accepted by the Buyer, or if it follows from the nature of the goods.
If a defect occurs within twelve months from the receipt of goods, such goods shall be deemed to have been defective at the time of their receipt.
A Buyer classed as a consumer is entitled to exercise his or her rights relating to defects of consumer goods that occur within twenty-four months from their receipt.
The aforementioned period may be modified by the Seller depending on the type and nature of the goods (particularly in case of slightly used or used goods); the Buyer is always notified of any such modification in advance in the details of the specific product and the relevant period is also shown in a sales receipt.
The Buyer shall notify the Seller of any defect without undue delay after such defect might have been discovered by the Buyer in case of a timely inspection and reasonable care.
Material breach of a contract
The Buyer is entitled to make a complaint and request the following (at the Buyer’s own discretion) in connection with any defect that constitutes material breach of a contract:
⦁ Remedy of such defect by receiving a new product that is free from defects or a missing component, unless it is unreasonable due to the nature of such defect; however, if the defect only concerns a specific component, the Buyer may request the replacement of such component; in the event this is not possible, the Buyer may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, particularly if the defect can be remedied without undue delay, the Buyer shall be entitled to free remedy of such defect;
⦁ Free remedy of such defect by repair of the goods – solely for remediable defects that the Seller can remedy;
⦁ Reasonable purchase price reduction;
⦁ Purchase price reimbursement on the basis of Buyer’s withdrawal from the contract.
Material breach shall mean such breach of a contract where the breaching party knew or should have known at the time the contract was concluded that the other party would not have entered into such contract if it could foresee such breach.
When notifying the Seller of a defect or without undue delay thereafter, the Buyer shall inform the Seller about the selected resolution (remedy). The Buyer cannot subsequently change his or her choice without the Seller’s consent; the aforementioned provisions shall not apply if the Buyer requested that a defect be repaired and such defect proves to be irreparable. If the Seller fails to remedy the relevant defects within a reasonable period of time or informs the Buyer that such defects will not be remedied, the Buyer may request a reasonable purchase price reduction or withdraw from the contract of purchase. If the Buyer fails to make his or her choice in a timely manner, the Buyer shall subsequently have rights that relate to non-material breach of a contract (see below).
The Buyer shall also be entitled to a reasonable price reduction if the Seller cannot supply a new product that is free from defects, cannot replace its component or repair the product, as well as in the event the Seller fails to resolve the situation within a reasonable period of time or in the event such resolution could result in considerable practical difficulties for the consumer.
Non-material breach of a contract
With regard to a defect that constitutes non-material breach of a contract, the Buyer shall be entitled to the remedy of such defect or to a reasonable purchase price reduction.
The Seller may supply any missing items or remedy any legal defects, until the Buyer exercises his or her right to a purchase price reduction or withdraws from the contract. The Seller may remedy other defects, at its own discretion, either by repairing the relevant product(s) or supplying a new product or products.
If the Seller fails to remedy a defect in a timely manner or refuses to remedy such defect, the Buyer may request a purchase price reduction or withdraw from the contract. The Buyer cannot subsequently change his or her choice without the Seller’s consent.
The Buyer shall also be entitled to a new product or replacement of any component thereof in the event of remediable defects, if the Buyer cannot properly use the relevant product due to recurring defects after repair or due to the existence of several defects. In such case, the Buyer shall also have the right of withdrawal.
If the Buyer fails to report a defect without undue delay after such defect might have been discovered by the Buyer in case of a timely inspection and reasonable care, a court of law may not confer the rights relating to defective performance on the Buyer. The same applies to any latent defects, unless such defects are reported without undue delay after they could have been discovered by the Buyer in exercising reasonable care; however, no later than two years from taking delivery of the relevant product(s).
If a remediable defect reoccurs after repair (third complaint relating to the same defect or fourth complaint relating to different defects) or if a product has several defects (at least three defects at the same time), the Buyer classed as a consumer may exercise his or her right to a purchase price reduction, replacement of goods, or his or her right of withdrawal.
The Seller shall not be liable for any defects that occur as a result of standard wear and tear or as a result of a failure to follow instructions for use.
9. Handling complaints
The Buyer shall make a complaint with the Seller – either in person in the Brick-and-mortar Store or in writing using the Seller’s email address (firstname.lastname@example.org); however, always without undue delay after discovering any defect. The Buyer shall provide his or her contact details, describe the relevant defect in as much detail as possible, and specify how the complaint should be resolved (see section 8 hereof).
When reporting a defect or without undue delay thereafter, the Buyer shall notify the Seller of the specific right selected – i.e. of the specific desired outcome of his or her complaint. The Buyer may only change his or her choice without the Seller’s consent if the Buyer requested that a defect be repaired and such defect proves to be irreparable. If the Buyer fails to select his or her right relating to material breach of a contract in a timely manner, the Buyer shall have rights that relate to non-material breach of a contract.
The Buyer shall demonstrate that he or she actually purchased the goods, preferably by presenting a proof of purchase (delivery note and/or invoice). The period for resolving a complaint shall start from the handover/delivery of the goods that are subject to a complaint to the Seller. The relevant goods should be appropriately packed during transport to prevent their damage, and they should be clean and must always be complete.
The Seller shall resolve any complaint (incl. the remedy of a defect) of a Buyer classed as a consumer without undue delay; however, no later than 30 days from the day such complaint is made, unless the Seller and the Buyer agree on a longer period in writing. After the aforementioned period expires, the Buyer classed as a consumer shall have the same rights as those relating to material breach of a contract.
If the Seller refuses to remedy a product defect, the Buyer classed as a consumer may request a reasonable price reduction or withdraw from the contract.
The period of liability for defects shall be extended by a period from the moment a complaint is made to the resolution thereof or until the Buyer was required to collect the relevant product in due time. In this context, due time shall mean that the Buyer is required to collect the relevant product no later than five working days from the day the Seller verifiably informed the Buyer that such product can be collected. If the Buyer fails to collect the product in due time, the period of liability for defects shall continue from the day following the day on which the Seller verifiably informed the Buyer that such product can be collected.
The Seller shall provide a written confirmation to the Buyer specifying the date of the complaint, details of the complaint, and requested resolution of the complaint; such confirmation shall be emailed to the Buyer immediately after a complaint is received in electronic form or provided to the Buyer immediately in case a complaint is made in person. The Seller shall subsequently issue a confirmation specifying the complaint resolution date and method, including a confirmation of any repair and duration of the complaint, or reasons for rejecting such complaint, as appropriate. With regard to legitimate complaints, Buyers classed as consumers shall be entitled to reimbursement of reasonably incurred costs.
If the Buyer fails to collect the relevant goods within the original period, or within the extension subsequently granted by the Seller, in spite of being notified thereof by the Seller (by email), the Seller may sell or dispose of such uncollected goods in an appropriate manner. The Seller is entitled to set off any strictly necessary costs of storage and unsuccessful delivery of the goods due to lack of cooperation by the Buyer against the proceeds of sale of the goods or such costs may be requested and claimed from the Buyer.
10. Personal data protection
For information about the protection and processing of personal data, the Buyer should consult the Privacy Notice that is available on the Seller’s Website.
11. Other rights and obligations of the parties
The Seller shall not be bound by any codes of conduct vis-à-vis the Buyer within the meaning of the provisions of Section 1826(1)(e) of the Civil Code.
The Czech Trade Inspection Authority (ČOI), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. (IČ): 000 20 869, is the competent body for out-of-court settlement of consumer disputes arising from contracts of purchase. For detailed terms and conditions and resolution methods, see www.coi.cz.
The online dispute resolution platform that is available at http://ec.europa.eu/consumers/odr/ may be used to resolve any disputes between the Seller and the Buyer arising from contracts of purchase.
The Seller is authorized to sell goods on the basis of a trade license. The competent Trade Licensing Office shall ensure trade license oversight within its area of competence.
The Office for Personal Data Protection (ÚOOÚ) carries out supervision over the area of personal data protection.
The Czech Trade Inspection Authority supervises, to a limited extent, the compliance with Act No. 634/1992 Coll., on Consumer protection, as amended.
The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765(2) of the Civil Code.
12. Final provisions
These General Terms and Conditions shall be valid and effective from 1 October 2022 and they are available, in electronic form, at www.jacadi.cz.