Terms of service

Terms and conditions for Joyseat saddle

1. RECITALS

1.1. The terms of service (hereinafter "terms of service") of Posedla s.r.o., limited liability company with its registered office at Národní 486, 407 47 Varnsdorf, identification no.: 09648887, registered in the Commercial Register administered by the Regional Court in Ústí nad Labem, section C, file 47524 (hereinafter "the contractor"), under section 1751(1) of Act no.89/2012 Sb., Civil Code, as amended (hereinafter "CC"), deal with the mutual rights and obligations of the contracting parties arising in connection with or based on a contract for work (hereinafter "contract for work"), made between the contractor and a third party (hereinafter "the customer") through the contractor's on-line store. The on-line store is operated by the contractor on the website located at posedla.com (hereinafter "the website"), through a web interface (hereinafter "web store interface").

1.2. The contract for work deals with manufacturing the "Joyseat" bicycle saddle, which is an individualized made-to-measure product manufactured exclusively for a particular user of the saddle, based on the requirements and information provided by the customer (hereinafter "the product").

1.3. The customer hereunder is an individual as a consumer, or an individual, who is an entrepreneur, or a legal entity.  

1.4. If the customer is a consumer, i.e. any individual who makes the contract for work outside of their business activities or independent exercise of their profession, any relationships that are not expressly governed hereby are governed by the CC and Act no.634/1992 Coll., Act on Consumer Protection, as amended.

1.5. If the customer is an individual, who is an entrepreneur, or a legal entity, the legal relationships established by the contract that exceed the scope hereof, are governed by the CC. A customer, who specifies their identification number and/or tax identification number when placing an order via the website, is not considered as a consumer but rather as a legal entity or an individual acting within the scope of their business activities or independent exercise of their profession.

1.6. The contractor declares that it meets all the statutory requisites for the manufacturing and sale of the product.

1.7. The provisions hereof are incorporated in the contract for work by reference. The contract for work and the terms of service are made in Czech or English languages. The contract for work can be made either in Czech or in English. If there is a conflict between the individual language versions hereof, the Czech version prevails.

2. USER ACCOUNT

2.1. Based on the registration of the customer on the website, the customer can access their user interface. From their user interface the customer can place an order for the product (hereinafter "the user account"). The web store interface also enables the customer to order the product without registration directly from the web store interface. 

2.2. When registering on the website and placing the order, the customer is obliged to provide correct, true and complete information. The customer is obliged to update their information in the user account whenever there is any change in the information. The information provided by the customer in their user account and when ordering the product is considered as correct by the contractor.

2.3. The access to the user account is secured with a user name and a password. The customer is obliged to protect the information necessary to access their user account against disclosure.

2.4. The customer is not entitled to enable third parties to use their user account.

2.5. The contractor can cancel a user account, specifically if the customer has not used their user account for over 1 year or if the customer breaches their obligations arising from the contract for work (including the terms of service).

2.6. The customer understands that the user account does not have to be accessible at all times, in particular in view of the necessary maintenance of the hardware and software equipment of the contractor, or the necessary maintenance of the hardware and software equipment of third parties.

2.7. The access to the user account is secured with a user name and a password. The user is obliged to maintain confidentiality regarding information necessary for the access to their user account. The contractor recommends that the user uses a different password than those they use in other applications of third parties.

3. MAKING THE CONTRACT FOR WORK, SUBJECT-MATTER

3.1. The presentation of the "Joyseat" product on the web store interface of the contractor is for information purposes only and the contractor is not obliged to make any contract for work regarding the product. The provision of section 1732(2) CC will not apply.

3.2. The web store interface contains information about the product, including the guide price and the delivery times and costs of packing and delivery of the product. The price of the product is stated including value added tax and all related fees. Shipping is not included in the price of the product.

3.3. Discounts from the price of the product provided by the contractor to the customer may not be combined.

3.4. To order the product, the customer will fill in an order form on the web store interface. The order form contains the following information:

  • the product to be manufactured, and the information for the individualization of the product; i.e. the height and weight of the user, estimated number of kilometres ridden, and further information specified in the order form,
  • manner of payment of the purchase price of the product,
  • information about the requested manner of delivery of the product and the kit for an imprint of the sitting bones, and
  • information regarding the costs of shipping of the product (hereinafter collectively referred to as "the order").

3.5. Before submitting the order to the contractor, the customer can check and change the information filled in by them, also for the customer to have a chance to find and correct any mistakes in the information they provided in the order. The customer submits the order to the seller by clicking the "Submit order" button. Any information provided in the order is considered as correct by the contractor. The contractor is not liable for any incorrect information provided in the order form. The contractor will immediately confirm the receipt of the order to the customer by e-mail to the e-mail address of the customer specified in the user account or in the order (hereinafter "the e-mail address of the customer").

3.6. The contractual relationship between the contractor and the customer arises upon the delivery of the confirmation of the receipt of the order (acceptance), which the contractor provides to the customer by e-mail to the e-mail address of the customer.

3.7. Based on the order and the payment of the agreed price, the contractor will send the customer a Test Kit, which is a device, the purpose of which is to make an imprint of the sitting bones based on which the contractor will measure the sitting bones and receive further information necessary for the manufacturing of the product (hereinafter "the Test Kit"). The use of the Test Kit consists of making an imprint of the sitting bones and taking photos according to the instructions provided.

3.8. The contractor will send the Test Kit to the customer based on the order and the payment of the full price of the work under article 4 hereof by the customer. Should the Test Kit be delivered to the customer in a damaged condition, the contractor undertakes to send the customer a new Test Kit without undue delay.

3.9. The Test Kit can be used only once. When using the Test Kit, the customer is obliged to follow the instructions provided with the Test Kit. The customer is solely liable for any incorrect use of the Test Kit. Should the customer use the Test Kit incorrectly and destroy it, the customer is entitled to request a new Test Kit. However, the contractor is entitled to require the customer to pay the price of a new Test Kit determined by the Contractor and the costs of delivery to the customer according to the shipping conditions. In such a case the contractor will send a new Test Kit to the customer upon the payment of the full price of the Test Kit and the shipping costs.

3.10. The customer will send to the contractor at their own expense the results of the measurements taken based on using the Test Kit, i.e. the imprint of the sitting bones and the photographs taken according to the instructions provided. After the results of the measuring are sent to the contractor, the customer is not entitled to change or adjust the order or the data and parameters for the manufacturing of the product without the contractor's consent.

3.11. Based on the order and all the necessary data and parameters submitted, the contractor will commence the manufacturing of the product. The product will be manufactured in the contractor's business premises.

3.12. The contractor is obliged to arrange for the manufacturing of the product that will correspond with the input data and parameters submitted by the customer and with the technology used for the manufacturing of the product, at its own cost and risk and with the necessary care. However, the contractor is not liable for an incorrect or unprofessional installation of the product or the use of the product or for any damage caused by it. The contractor is not liable for the subjective level of satisfaction of the customer with the product because it can be influenced by subjective factors on the part of the customer, such as the riding technique etc. The contractor is not liable for any flaws of the product caused by the use of the Test Kit by the customer, including any flaws caused by an incorrectly made imprint of the sitting bones or insufficient quality of the photos taken by the customer. However, if the customer is subjectively dissatisfied with the product, the contractor undertakes to communicate with the customer and try to establish the cause of their dissatisfaction.

3.13. The customer is obliged to receive the manufactured product and to pay the price according to the contract for work and article 4 hereof.

3.14. The contractor is not liable for any change in the biometric data or the results of the measurements taken with the Test Kit by the customer. Should any change in the parameters for the manufacturing of the product on the part of the customer occur, in particular a change in the customer's weight or height, the customer is entitled to ask the contractor for a replacement product to be made or for a modification of the existing product. Based on the communication with the customer, the contractor will assess individually whether to modify the product according to the current parameters of the customer, or to provide the customer with a discount on making a replacement product according to this provision hereof. The customer does not have any claim to a modification of the product or a discount hereunder and any possible modification of the product or a discount depends exclusively on the contractor's discretion.

3.15. All data collected by the contractor for the purpose of manufacturing of the product will be deposited with the contractor. The contractor will not disclose such data to any third parties or the customer, except for the purpose of performance of the contract for work. The contractor will treat the customer's personal data in accordance with the privacy policy.

3.16. Should the contractor be unable to meet any of the requirements specified in the order, the contractor will send an amended offer to the customer's e-mail address specifying the possible variants of the order and request the Buyer's standpoint. The amended offer is considered to be a new draft of the contract for work and the contract for work is then made upon the acceptance by the customer via e-mail.

3.17. The customer agrees with the use of remote means of communication in making the contract for work. Any costs incurred by the customer by using remote means of communication in connection with making the contract for work (costs of the Internet connection, costs of telephone calls) are borne by the customer, the costs are not different from the base rate.

4. PAYMENT CONDITIONS AND PRICE OF THE PRODUCT

4.1. For the manufacturing of the product, the customer is obliged to pay to the contractor the price specified in the contract for work. The price of the product and the costs connected with the delivery of the product under the contract for work may be paid by the customer to the contractor in the following ways:

  • cashless via a payment system - the Shopify Payments gate for payment card acceptance;

4.2. Besides the purchase price the customer is obliged to pay to the contractor the costs connected with packaging and shipping the product in the agreed amount. Unless expressly specified otherwise, the term purchase price hereinafter includes the costs of shipping of the product specified in the order.

4.3. Payments may be made in Czech crowns (CZK), Euro (EUR), United States dollar (USD), or British pound (GBP) depending on the market in which the payment is made.

4.4. In case of delivery of the Product to the countries of the European Union – “EU” or the European Economic Area – “EEA”, the final price of the order shall be charged including value-added tax (VAT).

4.5. In case of delivery of the Product to a third country outside the EU or EEA, the prices of the Product are specified excluding VAT and other applicable taxes, fees, and customs duties, which are payable by the customer according to the rules of the destination country of delivery of the product.

4.6. The contractor does not require an advance from the customer but the payment of the full agreed price in advance, as it is specified above. The customer is entitled to a refund of the paid price of the work only in the case of a legitimate withdrawal from the contract by the customer in compliance with the terms of service.

4.7. The price is due within 7 days after making the contract for work. However, the contractor is not obliged to commence the performance under the contract for work, i.e. send the Test Kit to the customer or commence the manufacturing of the product, unless the agreed price of the work is paid in full.

4.8. The customer is obliged to pay the price of the product and state the payment identifier. With cashless payments, the obligation of the customer to pay the price is met when the relevant amount is credited to the contractor's account.

4.7. The contractor will issue an invoice to the customer for the payments made under the contract for work. The contractor is the payer of value added tax. The contractor will issue the invoice to the customer after the payment of the price of the product and will send the invoice in an electronic form to the e-mail address of the customer.

5. DELIVERY TIMES, MANNER OF DELIVERY, FAILURE TO ACCEPT THE PRODUCT

5.1. The product will be delivered to the Customer within 8 weeks, or within 14 weeks in the case of pre-orders that will be explicitly marked as such, from the date of delivery of all data and measurement outputs required by the Contractor using the Test Kit. The delivery time is fulfilled on the day of dispatch of the shipment with the product. Delivery times are extended in the case of sending incomplete, damaged or otherwise unusable data and measurement outputs using the Test Kit, by the time from notification of deficiencies by the Contractor to rectification by the Client.

5.2. Delivery times will be extended if there are any unexpected events or events not caused by the contractor, such as unexpected force majeure events, strikes, war, state of emergency, travelling and transport restrictions, pandemics, quarantines and other obstacles that are not caused by the contractor and that occur independently on the contractor's will. In all the cases specified above, the contractor is obliged to explain the reasons for the delay on the customer's request and provide evidence of the occurrence of such events, and in all the cases specified above, the right of the customer to claim damages or demand sanctions in connection with the delayed delivery is excluded, provided the contractor provides evidence on the request of the customer that the delay was caused by circumstances outside the contractor's reasonable control and arising independently on the contractor's will.

5.3. The contractor will inform the customer that the product is ready to be handed over or dispatched by e-mail to the e-mail address of the customer. After receiving the product from the carrier, the customer is obliged to check that the packaging of the product is intact and inform the carrier about any defects immediately. If a packaging has been tampered with illegally, the customer is not obliged to accept the consignment from the carrier.

5.4. The manner of delivery of the product is specified in the contract for work. Unless agreed otherwise, the shipping costs are paid by the customer, who will be informed about the amount of the shipping costs before making the contract for work by the contractor. The customer assumes the risk of damage to the product upon shipping (submitting the product for transport).

5.5. Contractual penalties and fees can be set off against any performance paid by the customer.

5.6. If the product must be delivered repeatedly or in another manner than specified in the order for reasons on the part of the customer, the customer is obliged to pay the costs connected with the repeated delivery of the product or the costs connected with a different manner of delivery.

6. TERMINATION OF CONTACT FOR WORK

6.1. The customer understands that the product is a work made to measure based on the customer's order. The contractor and the customer are therefore entitled to withdraw from the contract for work without stating the reasons only until the customer submits the information obtained with the help of the Test Kit. For the sake of completeness, it is stipulated that none of the parties is entitled to withdraw from the contract for work without stating the reason after the moment specified above.

6.2. he contractor is entitled to withdraw from the contract for work in the case of default of the payment of the price on the part of the customer or another material breach of the contract for work by the customer.

6.3. The contractor is entitled to withdraw from the contract for work if the customer fails to accept the purchased product within 20 days after the date, on which they were notified to receive the product by the contractor or the carrier by e-mail, in such a case, the customer is not entitled to a refund of the paid price.

6.4. The customer is entitled to withdraw from the contract for work if the contractor is in default of delivery of the product, unless the contractor provides the customer with an explanation and a proof of the reasons for such a delay within 7 days after the customer's request.

6.5. The withdrawal must be delivered to the other contracting party in writing, delivery in writing is made also by delivering an electronic message to the e-mail specified in the order and/or a data message.

7. RIGHTS ARISING FROM A DEFECTIVE PERFORMANCE AND LIABILITY FOR DEFECTS

7.1. The contractor guarantees to the customer that at the moment of shipping the product is free of defects. Specifically, the contractor guarantees to the customer that at the time when the customer submits the product to the carrier:

  • the product has the properties agreed by the parties, and, in the absence of such an agreement, it has the properties described by the contractor or the manufacturer,
  • the product is suitable for the purpose described by the contractor or for the purpose, for which a product of this type is usually used,
  • the product is in compliance with the statutory requirements.

7.2. If a defect occurs within six months after the receipt of the product, it is deemed that the product was defective upon acceptance.

7.3. The right of the customer arising from a defective performance, is based on a defect of the product, which is present in the product at the moment when the risk of damage passes to the customer, even if it manifests only later. The right of the customer is also based on a defect that occurs later and was caused by a breach of obligations on the part of the contractor.

7.4. Immediately after the receipt of the product, the customer must check whether a correct product has been delivered, whether it is complete, with all its component parts, check the completeness of the component parts and check for any visible damage caused by the transport. Any defects must be recorded on the delivery note and confirmed by the carrier, if the product is delivered by a carrier, otherwise they will not be admitted. Other defects found by the customer after unpacking the product must be immediately notified to the contractor in writing.

7.5. Beside the statutory liability for defects of the product under the CC, the contractor provides the customer with a quality warranty for the product for the period of 24 months after the date of delivery of the product to the customer. By providing the quality warranty, the contractor undertakes that the product will be fit for use during the time specified for the usual purpose or that it will preserve its standard properties.

7.6. During the installation and the use of the product, the customer is obliged to follow the rules concerning the use of the product consistently according to the documents delivered with the product (hereinafter "the Rules"). The contractor is not liable for the act of the customer if the customer uses the product in conflict with the Rules.

7.7. The contractor's liability for defects does not arise and the defects are not covered by the quality warranty if:

(a) the product was provably used in conflict with the Rules; and/or

(b) the product was used in an inappropriate way in view of its useful properties or in conflict with the purpose, for which the product is intended; and/or

(c) the product was subsequently wilfully modified, changed or joined with other items not delivered by the contractor; and/or

(d) the defect was caused by an external event after the risk of damage to the product passed to the customer; and/or

(e) the defect occurred as a result of an incorrect or unprofessional installation or use of the product; and/or

(f) the defect occurred as a result of an incorrect submission of the entry data and parameters by the customer in the order or as part of subsequent communication. 

7.8 The customer understands that defects cannot be claimed based on small discrepancies in the dimensions and colour shades compared to the product displayed on the website of the contractor. Neither the quality warranty nor the liability for defects apply to wear and tear caused by normal use of the product and mechanical damage of the product.

7.9. In accordance with section 1820(1)(j) CC, the customer is entitled to file any complaints that were not satisfactorily settled by the contractor with the competent Czech court or the Czech Trade Inspection Authority or the Trade Licencing Office having local jurisdiction according to the registered office of the contractor.

The Client shall assert the rights arising from defective performance with the Contractor via an electronic address hello@posedla.com, or at the contractor's registered office.

7.11. Other rights and obligations of the parties related to the contractor's liability for defects are governed by the contractor's complaints procedure.

7.12. Should the product sustain damage during use, e.g. as a result of an accident or for a similar reason, the customer is entitled to send a photo of the damaged product to the contractor or, on the request of the contractor, the customer will send the damaged product to the contractor. The contractor will assess the nature of damage and, at its discretion, the contractor may offer the customer a discount on the price of the damaged product up to 50% of its price. The customer does not have any claim to a discount on the price hereunder and any discount will be provided exclusively at the contractor's discretion.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The customer acquires the title to the product upon the delivery of the product to the customer. The title to the print document, the templates, designs and other results of the contractor's activities that will be created for the purpose of manufacturing the product do not pass to the customer under the contract for work, the contractor is the exclusive owner of such results. The customer does not acquire the licence or any intellectual property right in regard to the product, the manufacturing process, template or design under the contract for work and the terms of service, therefore the customer is not entitled to process the product in any other way, make any copies thereof or distribute it in any other way. The contractor is exclusively authorised to manufacture, distribute, put into circulation and apply the manufacturing process of the product and such an authorisation is protected by law.

8.2. The contractor is not bound by any codes of conduct towards the customer under section 1826(1)(e) CC.

8.3. Consumer complaints are handled by the Contractor via an electronic address hello@posedla.com. Information on the settlement of the Client's complaint shall be sent by the Contractor to the Client's electronic address.

8.4. The Czech Trade Inspection Authority, registered office Štěpánská 567/15, 120 00 Praha 2, identification no.: 000 20 869, website: https://adr.coi.cz/cs, is competent to deal with out-of-court consumer disputes arising from the purchase agreement. The on-line platform for the dispute settlement located at http://ec.europa.eu/consumers/odr can be used to settle disputes between the contractor and the customer arising from the contract for work.

8.5. The European Consumer Centre Czech Republic, registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).

8.6. The contractor is entitled to manufacture and sell the product pursuant to a trade licence. The Trade Licencing Office carries out trade licence audits within the scope of its responsibilities. The protection of personal data is supervised by the Office for Personal Data Protection. In the statutory extent, the Czech Trade Inspection Authority supervises the observance of Act no. 634/1992 Coll., Consumer Protection Act, as amended.

8.7. The customer hereby assumes the risk of a change in circumstances under section 1765 (2) CC. Notices to the customer may be delivered to their e-mail address.

9. PERSONAL DATA

In the matter of protection and processing of the Buyer's personal data by the Seller, the Terms of Personal Data Protection located on the Website shall apply.

10. FINAL PROVISIONS

10.1. Should the legal relationship arising from the contract for work involve an international (foreign) element, the parties agree that the relationship is governed by the Czech law. The rights and obligations arising from other laws and regulations are not prejudiced. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. The relationships and any disputes arising from the contract will be settled exclusively in accordance with the laws of the Czech Republic by the competent courts of the Czech Republic.

10.2. Should any of the provisions hereof be or become invalid or ineffective, a provision closest to the meaning of the invalid provision will be put into place. A lack of validity or effect of any of the provisions hereof does not prejudice the validity of the remaining provisions.

10.3. The contract for work including the terms of service is archived in an electronic form and is not publicly accessible.

10.4. By making the contract for work, the customer confirms that they are acquainted with the content hereof, agrees with and accepts the terms of service.

10.5. The wording hereof may be changed and amended by the contractor unilaterally. The rights and obligations that originated during the effect of a previous wording hereof are not prejudiced by an amendment hereto.

10.6. The contracting parties are entitled to change, delete or amend certain provisions hereof only by a written agreement between the parties (e.g. in the contract for work), and the remaining provisions hereof will remain in force for the contracting parties.

10.7. These terms of service, including all their component parts, are in force and effect as at 15 May 2022 and they are available at the registered office and the workplaces of the contractor or electronically on the website.

10.8. Contact information of the contractor:

  • mailing address: Posedla s.r.o., Národní 486, 407 47 Varnsdorf
  • e-mail address: hello@posedla.com
  • phone contact: +420 775 746 817

Terms and conditions for the other products

Posedla s.r.o., a limited liability company with its registered office at Národní 486, 407 47 Varnsdorf, identification no.: 09648887, registered in the Commercial Register administered by the Regional Court in Ústí nad Labem, section C, file 47524, for the sale of goods through an on-line store located on the website posedla.com.

1. RECITALS

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the Company Posedla s.r.o., with its registered office at Národní 486, 407 47 Varnsdorf, IČO: 09648887, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, sp.zn. C 47524/KSUL (hereinafter referred to as the "Seller") regulates in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "NCC"), certain mutual rights and obligations of the contracting 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 a third party (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the Internet address posedla.cc (hereinafter referred to as the "Website"), through the website interface (hereinafter referred to as the "Web Interface of the Store").

1.2. The buyer hereunder is an individual in the position of a consumer or an individual who is an entrepreneur, or a legal entity. Special rights of the consumer are governed by article 6 hereof, which will apply only provided the buyer is a consumer.

1.3. If the buyer is a consumer, i.e. an individual who makes the purchase agreement outside the scope of their business activities or independent exercise of their profession, any relationships that are not governed by the terms of service are governed by the NCC and Act no. 634/1992 Coll., Act on Consumer Protection.

1.4. If the buyer is an individual, who is an entrepreneur, or a legal entity, the legal relationships established by the agreement that exceed the scope hereof, are governed by the NCC. A buyer, who specifies their identification number and/or tax identification number when placing an order via the website, is not considered as a consumer but as a legal entity or an individual acting within the scope of their business activities or independent exercise of their profession.

1.5. The seller declares that it meets all the statutory requisites for the sale of goods.

1.6. The provisions hereof are incorporated in the purchase agreement by reference. The purchase agreement and the terms of service are made in the Czech or English languages. The purchase agreement may be made in Czech or in English. If there is a conflict between the individual language versions of the terms of service, the Czech version prevails.

2. USER ACCOUNT

2.1. Based on the Buyer's registration made on the Website, the Buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as the "user account"). The web interface of the store allows the buyer to order goods also without registration directly from the web interface of the store.

2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The buyer is obliged to update their information in the user account whenever there is any change in the information. Information provided by the buyer in the user account and when ordering goods, are considered as true by the seller.

2.3. The access to the user account is secured with a user name and a password. The buyer is obliged to protect the information necessary to access their user account against disclosure.

2.4. The buyer is not entitled to enable third parties to use their user account.

2.5. The seller can cancel a user account, specifically if the buyer has not used their user account for over 1 year or if the buyer breaches their obligations arising from the purchase agreement (including the terms of service).

2.6. The buyer understands that the user account does not have to be accessible at all times, in particular in view of the necessary maintenance of the hardware and software equipment of the seller, or the necessary maintenance of the hardware and software equipment of third parties.

2.7. The access to the user account is secured with a user name and a password. The user is obliged to maintain confidentiality regarding information necessary for the access to their user account. The seller recommends that the user use a different password than those they use in other applications of third parties.

3. MAKING THE PURCHASE AGREEMENT

3.1. The presentation of goods on the web store interface of the seller is of an informative nature and the seller is not obliged to make the purchase agreement regarding the goods. The provision of section 1732 (2) NCC will not apply.

3.2. Goods are offered on the web store interface as a final product.

3.3. The web store interface contains information about the goods, including the price and delivery time of individual items. The prices of goods are stated including value added tax and all related fees. The shipping is not included in the price. The prices of goods remain applicable as long as they are displayed on the web store interface. The possibility for the buyer to make a purchase agreement under individually negotiated conditions and the buyer's right not to make the purchase agreement with the seller is not prejudiced by this provision hereof.

3.4. The web store interface contains information about prices and delivery times, and information regarding the packaging and shipping costs.

3.5. Discounts from the price of the goods provided by the seller to the buyer may not be combined.

3.6. The buyer will fill in an order form to order the goods on the web store interface. The order form contains the following information:

  • information about the goods being ordered (the goods are "inserted" by the buyer in the electronic shopping basket on the web store interface),
  • manner of payment of the purchase price of the goods,
  • information about the requested manner of delivery of the goods, and
  • information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.7. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has placed in the order, also with regard to the buyer's ability to detect and correct errors made when entering data into the order. The order is sent by the buyer to the seller by clicking on the "Send order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the Seller shall confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

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

3.9. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

3.10. The buyer has the right to cancel the order, i.e. to withdraw his proposal to conclude a purchase contract, without any penalties until the goods are dispatched by the seller or by handing them over to the carrier for delivery to the buyer. The buyer is obliged to notify the seller of the cancellation of the order via email or phone.

3.11. Should the seller be unable to meet any of the requirements specified in the order, the seller will send an amended offer to the buyer's e-mail address specifying the possible variants of the order and request the buyer's standpoint. The amended offer is considered to be a new proposal for a purchase agreement and the purchase agreement is then made upon the acceptance by the buyer via e-mail.

3.12. The seller reserves the right not to deliver selected goods to the buyer, in particular in cases where there is any obviously incorrect or non-standard information on the seller's website, in particular about the selected goods, the price or delivery time, also if there is the last piece of the goods or the goods are temporarily out of stock or permanently out of stock with the supplier. In such cases, the seller undertakes to return to the buyer the amount paid under the purchase agreement.

3.13. he buyer agrees with the use of remote means of communication in making the purchase agreement. Any costs incurred by the buyer by using remote means of communication in connection with making the purchase agreement (costs of internet connection, costs of telephone calls) are borne by the buyer, the costs are not different from the base rate.

4. PAYMENT CONDITIONS AND PRICE OF GOODS

4.1. The price of goods and the costs connected with the delivery of the goods under a purchase agreement may be paid by the buyer to the seller in the following ways:

  • cashless via a payment system - the Shopify Payments gate for payment card acceptance;

4.2. Beside the purchase price the buyer is obliged to pay to the seller the costs connected with packaging and shipping the goods in the agreed amount. Unless expressly specified otherwise, the term purchase price hereinafter includes the costs of shipping the goods specified in the order.

4.3. Payments may be made in Czech crowns (CZK), Euro (EUR), United States dollar (USD), or British pound (GBP) depending on the market in which the payment is made.

4.4. In case of delivery of goods to the countries of the European Union – “EU” or the European Economic Area – “EEA”, the final price of the order shall be charged including value-added tax (VAT).

4.5. In case of delivery of goods to a third country outside the EU or EEA, the prices of the Product are specified excluding VAT and other applicable taxes, fees, and customs duties, which are payable by the customer according to the rules of the destination country of delivery of the product.

4.6. The seller does not require an advance from the buyer or any similar payment unless specified otherwise for a particular product.

4.7. The purchase price is due within 7 days after making the purchase agreement.

4.8. The buyer is obliged to pay the purchase price of the goods and state the payment identifier. With cashless payments, the obligation of the buyer to pay the purchase price is met when the relevant amount is credited to the seller's account.

4.9. The seller is entitled to request the payment of the whole purchase price before the goods are shipped to the buyer. The provision of section 2119 (1) NCC will not apply.

4.10. If the buyer is in default of payment of the purchase price of the goods, the seller is entitled to withdraw from the purchase agreement.

4.11. The Seller shall issue a tax document – invoice to the Buyer regarding payments made on the basis of the Purchase Contract. The seller is a payer of value-added tax. Tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and sent in the electronic form to the buyer's electronic address.

5. DELIVERY TIMES, MANNER OF DELIVERY, FAILURE TO ACCEPT GOODS

5.1. The date of availability of the goods indicated on the website is informative. Binding is the delivery period specified in the order confirmation (or purchase contract, advance invoice) sent by the seller to the buyer. The delivery period is proportionally extended by the buyer's delay in payment of the purchase price. The delivery period is fulfilled on the day of dispatch of the shipment or on the day of the goods ready for acceptance by the buyer.

5.2. Delivery times will be extended if there are any unexpected events or events not caused by the seller, such as unexpected force majeure events, strikes, state of emergency, travelling and transport restrictions, pandemics, quarantines and other obstacles that are not caused by the seller and that occur independently on the seller's will. In cases specified above, the seller is obliged to explain the reasons for the delay on the buyer's request and provide evidence of the occurrence of such events, and in all cases specified above, the right of the buyer to claim damages or demand sanctions in connection with the delayed delivery is excluded, provided the seller provides evidence on the request of the buyer that the delay was caused by circumstances outside the seller's reasonable control and arising independently on the seller's will.

5.3. The Seller shall notify the Buyer of the readiness to hand over or dispatch the goods by e-mail to the Buyer's electronic address. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.

5.4. The manner of delivery of the goods is specified in the purchase agreement. Unless specified otherwise, the shipping costs are paid by the buyer who will be informed about the amount of the shipping costs before making the purchase agreement. The buyer assumes the risk of damage to the goods at the moment of shipping of the goods (submitting the goods for transport).

5.5. The contracting parties agree that should the buyer fail to accept the purchased goods within 10 days after the buyer is notified to accept the goods by e-mail either by the seller or the carrier (hereinafter "the uncollected goods"),the seller is entitled to withdraw from the purchase agreement and sell the goods to another party. The buyer is not entitled to any compensation for damage, such as lost profits etc. The withdrawal must be delivered to the other contracting party in writing; delivery is made also by delivering an electronic message to the e-mail specified in the order and/or a data message.

5.6. Contractual penalties and fees can be set off against any performance paid by the buyer.

5.7. If the goods must be delivered repeatedly or in another manner than specified in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs connected with the repeated delivery of the goods or the costs connected with a different manner of delivery.

6. 6. THE CONSUMER'S RIGHT TO WITHDRAW FROM THE PURCHASE CONTRACT

6.1. If the purchase agreement is made via remote electronic communication, the buyer, if they are a consumer, has the right to withdraw from the purchase agreement within 14 days after the acceptance of the goods under section 1829 NCC. This right can only be exercised by a consumer.

6.2. In accordance with the provisions of Section 1820 (f) of the NCC, the Seller hereby provides information to consumers on the right to withdraw from the contract in accordance with Government Decree No. 363/2013 Coll. in the event of the conclusion of a purchase contract, means at a distance:

  1. Right of withdrawal.

  2. You have the right to withdraw from the contract without giving any reason within 14 days from the day following the date of delivery of the goods, i.e. from when you or a third party designated by you (other than the carrier) takes over the goods.

  3. For the purpose of exercising the right of withdrawal, you must inform the seller of your withdrawal from this contract, ie. Posedla s.r.o., with its registered office at Národní 486, 407 47 Varnsdorf, e-mail: hello@posedla.com in the form of a unilateral legal act (for example, by letter sent through a postal service provider or by e-mail). You may use the model withdrawal form below, but you are not obliged to do so.

I. In order to comply with the withdrawal period, it is sufficient to send the withdrawal before the expiry of the relevant period.

  1. Consequences of withdrawal from the contract.

  2. We will refund the payment only after receiving the returned goods or if you prove that you have sent the goods back, whichever is the earlier. In the event that you have paid the purchase price of the goods or its part through a gift voucher or voucher, this purchase price or its part will be returned to you again through the gift voucher or voucher issued by the seller.

  3. Returns.

Send the goods without undue delay, latest within 14 days after the date of withdrawal, back at your own expense or submit the goods in person to Posedla s.r.o., a limited liability company with its registered office at Národní 486, 407 47 Varnsdorf. The time limit is considered to have been met if you send the goods back before the expiry of the 14-day period.

II. Return costs

You will bear any direct costs of sending the goods back to us.

  1. Liability for impairment of returned goods.

You are only liable for a decrease in the value of the goods as a result of handling the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their appearance and functionality.

Model of the withdrawal notice

    Notice of Withdrawal

    - Addressee: Posedla s.r.o. - complaints, Národní 486, 407 47 Varnsdorf, e-mail: hello@posedla.com

    - I/We inform you (*), that I/we hereby withdraw (*) from the purchase agreement regarding the following goods (*))

    - Date of making the purchase agreement (*)/date of receipt (*)

    - Name and surname of the consumer/consumers

    - Address of the consumer/consumers

    Signature of the consumer/consumers (only if the form is submitted in documentary form)

    - Date

    (*) Delete as appropriate or fill in information.

    Withdrawal form - return of goods - for download.

    6.3. For a successful and trouble-free return of goods, the seller asks the buyer - consumer to follow the procedure described below:  

    • Contact us with the request to withdraw from the purchase agreement, state the date of making the purchase agreement and accepting the goods. After we check the information we will ask you to submit a written request to withdraw from the purchase agreement and to send the goods back to us.

    • Send the complete request and a copy of the order by registered mail or by e-mail to our invoicing address.

    • Send the goods by registered mail and insured to our invoicing address. We are not liable for any loss or damage caused during the transport of the consignment. The goods must be complete (including all documents and accessories), unused, undamaged and packed in such a way that the original packaging does not get damaged during transport. Do not send the goods back by cash on delivery (we will not accept such goods).

    6.4. If a gift was provided with the goods to the buyer, the contract of donation between the seller and the buyer is made with the condition subsequent that should the buyer withdraw from the purchase agreement, the contract of donation is rendered ineffective and the buyer is obliged to return the gift in an undamaged condition to the seller with the goods.

    6.5. If the goods are consumer goods (e.g. cosmetics, drugstore products etc.), it is possible to withdraw only if the buyer returns the goods undamaged and unused in an untouched original packaging.

    6.6. It is impossible to withdraw from the purchase agreement if:

    • the goods are returned in a damaged (including original packaging), used or incomplete condition, and/or:

    • in accordance with section 1837 (d) NCC, if the goods were altered according to the wishes of the buyer or for the buyer, in particular if individual alterations were performed on the goods according to the buyer's specifications;

    • in accordance with section 1837 (e) NCC, if the goods are perishable goods or such goods that were irreversibly mixed with other goods after delivery;

    • in accordance with section 1837 (g) NCC, if the goods were delivered in a closed packaging, the consumer took the goods out of the packaging and for hygienic reasons it may not be returned.

    6.7. In the case of the buyer’s withdrawal under this article hereof, the seller will refund the funds received from the buyer within fourteen (14) days after the buyer's withdrawal, in the same way, in which the seller received the payment. Therefore, if the buyer paid the purchase price of the goods or any part thereof by a gift certificate, the purchase price or a part thereof will be refunded in the form of a gift certificate issued by the seller. The seller is also entitled to return any payment provided by the buyer upon the return of the goods or in another manner if the buyer agrees with such a refund and provided no further costs are incurred by the buyer. Should the buyer withdraw from the purchase agreement, the seller is not obliged to refund the received payment to the buyer before the buyer returns the goods or provides evidence that they have sent the goods back.

    6.8. The seller is entitled to set off any claims for damages unilaterally against the claim of the buyer for a refund of the purchase price, even in the case of uncertain or unreliable claims.

    6.9. Should the buyer withdraw from the purchase agreement illegitimately and send the goods back to the seller anyway, the goods will not be accepted or will be sent back to the buyer at the buyer's expense.

    6.10. The seller is entitled to withdraw from the purchase agreement without stating any reason due to the goods being sold out, out of stock or if the manufacturer, importer or supplier of goods discontinues the production or import of the goods. The seller will immediately inform the buyer on the e-mail address specified in the order and refund all payments including the costs of shipping received from the buyer within 14 days after the withdrawal notice in the same manner or in a manner determined by the buyer.

    7. RIGHTS ARISING FROM A DEFECTIVE PERFORMANCE AND LIABILITY FOR DEFECTS

    7.1. The seller guarantees to the buyer that the goods are not defective upon receipt. The seller guarantees to the buyer that at the time when the buyer receives the goods:

    • the goods have the properties that the parties agreed on and, if there is no such agreement, the goods have the properties described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and based on the promotion of the goods presented by the seller or the manufacturer,

    • the goods are suitable for the purpose, for which the seller offers the goods or for which goods of this type are usually used,

    • the quality and workmanship of the goods correspond with the quality and workmanship of an agreed sample or model, provided the quality and workmanship was determined based on an agreed sample or model,

    • the quantity, volume or weight of the goods is adequate and

    • the goods are in compliance with the statutory requirements.

    7.2. If a defect occurs within six months after the receipt of the goods, the item is deemed to have been defective upon acceptance. Regarding consumer goods (such as cosmetics, drugstore products etc.), the buyer is entitled to exercise their rights arising from defective goods within twenty-four (24) months, however, if there is no use-by date specified on the goods, this period is shortened until the date indicated on the packaging of the goods.

    7.3. The right of the buyer from a defective performance arises from a defect on the goods upon the passing of the risk of damage to the buyer, even if the defect appears later. The right of the buyer arises from a defect that emerges at a later point if it is caused by the seller's breach of the seller’s obligations.

    7.4. Immediately after the receipt of the goods, the buyer must check whether correct items have been delivered, the completeness of delivery and any visible damage caused by the transport. Any defects must be recorded on the delivery note and confirmed by the carrier, if the goods are delivered by a carrier, otherwise they will not be admitted. Other defects found by the buyer after unpacking the goods must be immediately notified to the buyer in writing.

    7.5. In addition to the statutory liability for defects in the goods regulated in the NCC, the Seller also provides the Buyer with a guarantee for the quality of the goods for a period of 24 months from the date of delivery of the goods. By the quality guarantee, the seller undertakes that the item will be fit for use for the usual purpose for a certain period of time or that it will retain its usual properties. These effects are also provided by the indication of the warranty period or the shelf life of the item on the packaging or in advertising. The warranty period runs from the handover of the item to the buyer; if the item was sent under the contract, it runs from the delivery of the thing to the destination.

    The buyer is not entitled to the warranty if the defect was caused by an external event after the transfer of the risk of damage to the thing to the buyer.

    7.6. When using the goods, the Buyer is obliged to strictly follow the rules of their use as they will be delivered to him at the same time as the goods (hereinafter referred to as the "Rules"). The Seller shall not be liable for any action of the Buyer when using the goods in violation of the Rules.

    7.7. The seller's liability for defects does not arise and the defects are not covered by the quality warranty if: (a) the goods were provably used in conflict with the Rules; and/or (b) the goods were used in an inappropriate way in view of their useful properties or in conflict with the purpose, for which the goods are intended; and/or (c) the goods were subsequently wilfully modified, change or joined with other items not delivered by the seller. The buyer understands that small discrepancies in the dimensions and colour shades compared to the goods displayed on the website of the seller are not a reason for raising claims regarding defects of goods. Liability for defects and the quality warranty do not apply to wear and tear of the goods caused by normal usage.

    7.8. In accordance with section 1820 (1)(j) NCC the buyer is entitled to file any complaints that were not satisfactorily settled by the seller with the competent Czech court or the Czech Trade Inspection Authority or the Trade Licencing Office having local jurisdiction according to the registered office of the seller.

    7.9. The provisions of this article hereof will not apply to goods sold for a lower price due to a defect, based on which the lower price was negotiated, or due to wear and tear caused by normal usage of the goods, regarding used goods, the liability does not apply to any defects corresponding with the degree of usage or wear and tear the goods had upon receipt by the buyer, or if the defect arises from the nature of the goods

    7.10. Rights from defective performance are exercised by the buyer at the seller through an electronic address hello@posedla.com, or even at the seller's registered office.

    7.11. Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller’s complaints procedure.

    8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

    8.1. The buyer acquires the title to the goods upon the payment of the full purchase price of the goods.

    8.2. 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 NCC.

    8.3. Consumer complaints are handled by the seller via an electronic address hello@posedla.com. Information on the settlement of the buyer's complaint will be sent by the seller to the buyer's electronic address.

    8.4. The Czech Trade Inspection Authority, registered office Štěpánská 567/15, 120 00 Praha 2, identification no.:000 20 869, website: https://adr.coi.cz/cs, is competent to deal with consumer disputes arising from the purchase agreement. The on-line platform for the dispute settlement located at http://ec.europa.eu/consumers/odr can be used to settle disputes between the seller and the buyer arising from the purchase agreement.

    8.5. The European Consumer Centre Czech Republic, registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).

    8.6. The seller is entitled to sell goods pursuant to a trade licence. The Trade Licence Office carries out trade licence audits within the scope of its responsibilities. The protection of personal data is supervised by the Office for Personal Data Protection. In the statutory extent, the Czech Trade Inspection Authority supervises the observance of Act no. 634/1992 Coll., Consumer Protection Act, as amended.

    8.7. The buyer hereby assumes the risk of a change in circumstances under section 1765 (2) NCC. Notices to the buyer may be delivered to their e-mail address.

    9. PERSONAL DATA

    In the matter of protection and processing of the Buyer's personal data by the Seller, the Terms of Personal Data Protection located on the Website shall apply.

    10. FINAL PROVISIONS

    10.1. Should the relationship arising from the purchase agreement involve an international (foreign) element, the parties agree that the relationship is governed by the Czech law. The rights and obligations arising from other laws and regulations are not prejudiced. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. The relationships and any disputes arising from the agreement will be settled exclusively in accordance with the laws of the Czech Republic by the competent courts of the Czech Republic.

    10.2. Should any of the provisions hereof be or become invalid or ineffective, a provision closest to the meaning of the invalid provision will be put into place. A lack of validity or effect of any of the provisions hereof does not prejudice the validity of the remaining provisions.

    10.3. The purchase agreement including the terms of service is archived in an electronic form and is not publicly accessible.

    10.4. By making the purchase agreement, the buyer confirms that they are acquainted with the content hereof, agrees with and accepts the terms of service.

    10.5. The wording hereof may be changed and amended by the seller. The rights and obligations that originated during the effect of a previous wording hereof are not prejudiced by an amendment hereto.

    10.6. The contracting parties are entitled to change, delete or amend certain provisions hereof only by a written agreement between the parties (e.g. in a purchase agreement), and the remaining provisions hereof will remain in force for the contracting parties.

    10.7. These General Terms and Conditions, including their parts, are valid and effective from 15.5.2022 and cancel the previous wording of the Terms and Conditions, including their parts, while being available at the registered office and premises of the Seller or electronically on the website.

    10.8. Contact information of the seller:

    • mailing address: Posedla s.r.o., Národní 486, 407 47 Varnsdorf

    • e-mail address: hello@posedla.com

    • Phone contact: +420 775 746 817

    Varnsdorf, 15.5.2022

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