Terms & Conditions
TIMME BRAND s.r.o.
with its registered office at Ovocný trh 572/11, Staré Město, 110 00 Praha
Registered number: 09243119
(hereinafter referred to as the “operator”)
for the sale of goods through an online store located at www.timmefashion.com, www.timme.sk and www.timme.cz
Executive Director: Timea Trajteľová, e-mail: firstname.lastname@example.org
1. Introductory Clause
1.1.This Terms and Conditions (hereinafter referred to as the “terms and conditions”) of TIMME Brand s.r.o., with its registered office at Ovocný trh 572/11, Staré Město, 110 00 Prague, registered number: 09243119, Registration at the Commercial Register of the Municipal Court in Prague Section C, Insert 333125 (hereinafter referred to as “seller”). 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”) 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 another natural person (hereinafter referred to as “buyer”) through the seller’s online store. The online store is operated by the seller on a website located on the Internet address www.timmefashion.com, www.timme.sk or www.timme.cz (hereinafter referred to as the “website”) through the website interface (hereinafter referred to as the “web interface of the store”).
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or a person acting in ordering goods in the course of his business activity or within his / her independent profession; The buyer is always considered to be such a person if he / she states the identification number when ordering.
1.3. Different conditions from the terms and conditions can be agreed in the purchase contract. Different conditions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in Czech or Slovak. The purchase contract can be concluded in Czech and Slovak language.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the effective date of the previous wording of the Terms and Conditions.
1.6. Legal relations concluded on the basis of these terms and conditions and contracts derived therefrom are governed by the Czech law, in particular Act No. 89/2012 Coll., The Civil Code.
2. Conclusion of the purchase contract
2.1. All of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 par. 2 of the Civil Code shall not apply.
2.2. The web interface of the store contains information about the goods, including the prices of individual goods. Prices of goods and services include VAT and all related fees. The prices of goods and services remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller’s possibility to conclude a purchase contract under individually agreed terms.
2.3. The web interface also contains information about the cost of packaging and delivery of goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains mainly information about the ordered goods (the ordered goods are “inserted” by the buyer in the electronic shopping cart of the web interface of the shop), the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and information about the costs associated with the delivery of the goods (hereinafter collectively referred to as “order”).
2.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the buyer’s ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the “Submit Order” button. The information given in the order is considered correct by the seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s E-mail Address”).
2.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (e.g. in writing or by telephone).
2.7. The contractual relationship between the Seller and the Buyer arises upon 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.
2.8. The Buyer agrees to use the means of distance communication when concluding a purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs are no different from the standard rate.
2.9. The Buyer is entitled to withdraw from the Purchase Agreement without any penalties until the goods are handed over to the carrier. The Buyer must notify the Seller of this intention by using means of distance communication.
2.10. The seller has the right not to conclude the purchase contract, especially if the buyer orders the goods at the price posted on the website by mistake due to a web interface error. The Seller shall inform the Buyer of this fact.
2.11. The Seller has the right to withdraw from the Purchase Agreement if it finds out that personal data has been misused, a payment card misused, etc., or in the event of an administrative or judicial intervention. The withdrawal is effective as of the date of delivery to the buyer.
3. Price of goods and payment terms
3.1. The price of the goods and any costs associated with the delivery of goods under the purchase contract may be paid by the buyer to the seller as follows:
3.1.1. cashless credit card, payment can be made by VISA, MasterCard,
3.1.2. cash on delivery.
3.2. The seller is a VAT payer.
3.3. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. Unless otherwise stated, postage is charged as follows:
Slovak Republic: 99 CZK / 3,99 €
Czech Republic: 89 CZK / 3,69 €
Germany, Austria: DPD – 175 CZK / 6,99 €
3.4. The Seller does not require the Buyer to have a deposit or other similar payment. This is without prejudice to Article 3.7 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.5. The Seller is entitled to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of § 2119 par.1 of the Civil Code shall not apply.
3.6. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.
3.7. If it is usual in the business relations or if so stipulated by generally binding legal regulations, the seller will issue a tax document – invoice to the buyer regarding payments made under the purchase contract.
3.8. According to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; In the event of a technical outage, no later than 48 hours.
4. Withdrawal from the Purchase Agreement
4.1. The Buyer acknowledges that, pursuant to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified at the Buyer's request or for his person, from the Purchase Agreement for the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the delivery of goods in closed packaging, which the consumer has unpacked from the packaging and for hygienic reasons it is not possible to return and from the purchase contract for the delivery of an audio or video recording or a computer program if its original packaging has been damaged.
4.2. Unless it is a case referred to in Article 4.1 or any other case where it is not possible to withdraw from the contract of sale, the buyer “consumer” has the right to withdraw from the contract of sale in accordance with § 1829 par. 1 of the Civil Code within fourteen (14) days of receipt of the goods, and if the subject of the contract of sale is several types of goods or several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the contract of sale must be sent to the Seller within the period referred to in the preceding sentence. The Buyer may use the model form provided by the Seller, located on the web interface www.timme.sk, to withdraw from the Purchase Contract. 4.3. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the address of the Seller's registered office or to the Seller's e-mail address email@example.com
4.3 In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the cost of returning the goods to the Seller, even if the Goods cannot be returned by their normal postal route.
4.4. In the event of withdrawal pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer, except for the return of the funds for shipping within fourteen (14) days of withdrawal from the Purchase Agreement, in the same manner as the Seller received from the Buyer. The Seller shall also be entitled to return the performance already provided to the Buyer upon return of the goods to the Buyer or otherwise, provided that the Buyer agrees and no further costs are incurred by the Buyer in doing so. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the entrepreneur.
4.5. The Seller is entitled to unilaterally set off the claim for damages incurred on the goods against the Buyer’s claim for refund of the purchase price.
4.6. The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In such a case, the Seller shall refund the purchase price to the Buyer without delay, by bank transfer to the account designated by the Buyer.
4.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the termination condition that if the Buyer withdraws from the Purchase Agreement, the Gift Agreement for such a gift loses its effectiveness and the buyer is obliged to return the given gift together with the goods to the seller.
5. Method of transport of goods
5.1. In the event that the mode of transport is agreed on the basis of a special requirement of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
5.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order under the Purchase Agreement, the Buyer is obliged to take over the goods upon delivery.
5.3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
5.4. 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 notify the carrier immediately. In the event of any damage to the packaging indicating tampering, the buyer may not accept the shipment from the carrier. The following carriers are not used for transport: Parcel delivery service - we strongly recommend that you check the parcel immediately upon receipt, GLS - we strongly recommend that you check the parcel immediately upon receipt, DPD - we strongly recommend that you check the parcel immediately upon receipt! If the parcel is visibly damaged or the protective tape is broken, the buyer is obliged to file a claim directly with the carrier according to the carrier's conditions of carriage. The seller is not liable for damages incurred during transport.
5.5. Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery terms of the seller, if issued by the seller.
5.6. The buyer is informed by e-mail about the shipment.
6. Delivery time
6.1. The delivery time is always stated in the number of working days and starts to run from the date of receipt of the binding order on the condition of receiving all the documents necessary for the timely processing of the order or for receiving the payment. The standard delivery time is 2-4 working days from receipt of the order. Availability is informative and may change.
7. Rights arising from defective performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
7.2. The Seller is liable to the Buyer that the goods are not defective upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer has taken over the goods has the characteristics agreed by the Parties and, in the absence of an arrangement, the Seller or the Manufacturer has the goods to be suitable for the purpose or to which the Seller is used by the Seller or The goods or the template, if the quality or design has been determined according to the agreed sample or template, the goods in the appropriate quantity, measure or weight and the goods comply with the requirements of the law.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by their normal use, to used goods for defects corresponding to the use or wear of the goods upon receipt by the buyer or if this is due to the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt, unless the fault is clearly not due to the Buyer’s use.
7.5. Rights from defective performance are exercised by the Buyer at the Seller at Timme Brand s.r.o., Ovocný trh 572/11, 11000 Praha – Staré město, Czech Republic. The moment of claiming the complaint is the moment when the seller learned of the complaint.
7.6. 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
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 par.1 letter e) of the Civil Code.
8.3. Consumer complaints are handled by the seller via the email address firstname.lastname@example.org. The Seller shall send the Buyer’s complaint information to the Buyer’s email address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, registered number: 000 20 869, internet address: https://adr.coi.cz/cs is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.europesspotrebitel.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 online dispute resolution for consumer disputes).
8.6. The Seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out within the scope of its competence by the competent trade licensing authority. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on Consumer Protection, as amended, within the defined scope.
8.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 par. 2 of the Civil Code.
9.1. Its obligation to inform the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as “GDPR) for the purposes of the Purchase Agreement; This contract and for the purposes of fulfilling the public obligations of the Seller shall be fulfilled by the Seller through a special document.
10. Sending commercial communications and storing cookies
10.1. Buyer agrees to receive information related to Seller's goods, services or business at Buyer's electronic address and further agrees to receive business communications from Seller at Buyer's electronic address.
10.2. The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without the storage of cookies on the buyer's computer, the buyer may withdraw his/her consent at any time according to the preceding sentence.
11.1. The Buyer may be delivered to the e-mail address specified by the Buyer in the order.
12. Final Provisions
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the rights of the consumer arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, a provision whose meaning is as close as possible to the invalid provision shall be replaced by an invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the Purchase Agreement or Terms and Conditions require written form.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. The Terms and Conditions are attached to the model withdrawal form.
12.5. Seller’s contact details: Timme delivery address, TIMME Brand s.r.o., Ovocný trh 572/11, 11000 Praha – Staré město, Czech Republic, e-mail address: email@example.com, phone +420 608 887 242.