Privacy policy
I.
Basic Provisions
1. These general terms and conditions (hereinafter referred to as "General Terms & Conditions") are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code of Czech republic (hereinafter referred to as the "Civil Code").
2. If a commercial transaction is concluded between the seller and the buyer, and the buyer is not a citizen of the Czech Republic, the general terms and conditions are governed by the Czech legal system.
3. Identification details of the company:
HEDVA ČESKÝ BROKÁT, s.r.o.
ID (IČ): 02117673
VAT (DIČ): CZ-02117673
Registred office of the comany: Opavská 463/23, 795 01 Rýmařov, Czech republic
Registered at the Regional Court of Ostrava, section C, file 57243
Contact details: Miroslava Sochorová
E-mail: sochorova@hedvabrokat.cz
Phone number: +420 554 255 275
(Further referred to as the "seller")
4. These terms and conditions regulate the mutual rights and obligations of the seller and an individual who enters into a purchase agreement outside of their business activities as a consumer or within the scope of their business activities (hereinafter referred to as the "buyer") through the web interface located on the website available at www.hedva-fashion.com (hereinafter referred to as the "online store").
5. The provisions of the terms and conditions constitute an integral part of the purchase agreement. Deviations in the purchase agreement take precedence over the provisions of these terms and conditions.
6. These terms and conditions and the purchase agreement are concluded in the English language.
II.
Information about the goods and prices
1. Information about the goods, including the prices of individual items and their main characteristics, is provided for each item in the catalog of the online store.
2. The prices of goods are stated inclusive of value-added tax, all related fees, and costs for returning the goods if, by its nature, the goods cannot be returned by regular mail.
3. The prices of goods remain valid for the duration they are displayed in the online store. This provision does not exclude the possibility of entering into a purchase agreement under individually negotiated conditions.
4. All presentations of goods placed in the catalog of the online store are for informational purposes, and the seller is not obliged to conclude a purchase agreement regarding this goods.
5. In the online store, informations about the costs associated with packaging and delivery of goods are published.
6. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed upon by the seller and the buyer.
III.
Ordering and Conclusion of the Purchase Agreement
1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase agreement (costs of internet connection, telephone call costs) are borne by the buyer. These costs do not differ from the basic rate.
2. The buyer can place an order for goods in the following ways:
- through their customer account if they have previously registered in the online store;
- by filling out the order form without registration.
3. When placing an order, the buyer selects the goods, the quantity of goods, the payment method, and the delivery method.
4. Before submitting the order, the buyer is allowed to review and modify the information entered into the order. The buyer sends the order to the seller by clicking the "ORDER with obligation to pay" button. The details provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and the buyer's confirmation that they have familiarized themselves with these General Terms & Conditions.
5. Immediately upon receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address provided by the buyer during the ordering process. This confirmation is automatic and does not constitute the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded only upon the acceptance of the order by the seller. Shortly after receiving the order, the seller will send the buyer a confirmation of the receipt of the order to the email address provided by the buyer during the ordering process. This confirmation is considered as the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded by the seller confirming the order to the buyer's email address.
6. If the seller cannot fulfill any of the requirements stated in the order, the seller will send a modified offer to the buyer's email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer confirming the acceptance of this offer to the seller's email address as specified in these General Terms & Conditions.
7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of the acceptance of the order by the seller. The buyer can cancel the order by phone at the telephone number or by email to the seller's email address specified in these General Terms & Conditions.
8. In the event of an obvious technical error on the part of the seller in stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price. This applies even if the buyer has received an automatic order confirmation according to these General Terms & Conditions. The seller will promptly inform the buyer of the error and send a modified offer to the buyer's email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer confirming the acceptance to the seller's email address.
IV.
Customer Account
1. Upon registering in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. However, it's worth noting that the buyer can also place orders without registering.
2. During registration for a customer account and when ordering goods, the buyer is obligated to provide all information accurately and truthfully. In the event of any changes, the buyer must update the information in their user account. The details provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow third parties to use their customer account.
5. The seller reserves the right to cancel the user account, especially if the buyer does not use their user account for an extended period or if the buyer violates their obligations under the purchase agreement and these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially considering 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.
V.
Payment Terms and Delivery of Goods
1. The buyer can pay the price of the goods and any associated costs related to the delivery of the goods under the purchase agreement in the following ways:
- Non-cash transfer to the seller's bank account held with Fio Bank (you will receive the IBAN, BIC (SWIFT), and a variable symbol);
- Non-cash payment using a payment card (Apple Pay, Google Pay);
- Non-cash transfer to the seller's account through the PayPal payment gateway;
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the delivery costs are considered part of the purchase price. In the case of cash payment, the purchase price is due upon taking possession of the goods.
3. In the case of non-cash payment, the purchase price is due within 14 days from the conclusion of the purchase agreement.
4. In the case of payment through an electronic payment gateway, the buyer follows the instructions of the relevant electronic payment service provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the corresponding amount is credited to the seller's bank account.
6. The seller does not require any advance payment or similar payment from the buyer. Payment of the purchase price before the dispatch of the goods is not considered a deposit.
7. The goods are delivered to the buyer to the address specified by the buyer in the order.
8. The costs of delivering the goods, depending on the chosen method of shipment and receipt, are specified in the buyer's order and in the order confirmation provided by the seller. If the mode of transportation is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this mode of transportation.
9. If, according to the purchase agreement, the seller is obligated to deliver the goods to the location specified by the buyer in the order, the buyer is required to take over the goods upon delivery. In the event that, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner different from what was specified in the order, the buyer is obliged to cover the costs associated with the repeated delivery of the goods or the costs associated with a different delivery method.
10. Upon taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging, and in the event of any defects, immediately notify the carrier. If any damage to the packaging indicating unauthorized intrusion into the shipment is found, the buyer is not obligated to accept the shipment from the carrier.
11. The seller will issue an invoice to the buyer. The invoice is sent electronically to the email address provided by the buyer in the order.
12. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the delivery costs, at the latest upon taking possession of the goods. However, the responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking possession of the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in violation of the purchase agreement.
VI.
Withdrawal from the contract
1. The buyer, who entered into a purchase agreement outside their business activities as a consumer, has the right to withdraw from the purchase agreement.
2. The withdrawal period from the contract is 14 days from the day of taking possession of the goods:
- from the day of taking possession of the last delivery of goods if the contract involves several types of goods or the delivery of multiple parts.
- from the day of taking possession of the first delivery of goods if the contract involves regular repeated deliveries of goods.
3. Buyer cannot, among other things, withdraw from the purchase agreement in accordance with Czech law:
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for the provision of services, if they were fulfilled with the buyer's prior express consent before the expiration of the withdrawal period, and the seller informed the buyer before concluding the contract that in such a case, the buyer has no right to withdraw from the contract,
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for the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the seller's will, and which may occur within the withdrawal period,
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for the delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
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for the delivery of goods that have been adjusted according to the buyer's wishes or for their person,
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for the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
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for the delivery of goods in a sealed package that the buyer has removed from the packaging and for hygienic reasons, it cannot be returned,
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for the delivery of sound or image recordings or computer programs if the buyer has violated their original packaging,
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for the delivery of newspapers, periodicals, or magazines,
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for the delivery of digital content if it has not been delivered on a tangible medium and has been delivered with the prior express consent of the buyer before the expiration of the withdrawal period, and the seller informed the buyer before concluding the contract that in such a case, the buyer has no right to withdraw from the contract,
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in other cases specified in § 1837 of the Civil Code.
4. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
5. For withdrawal from the purchase agreement, the buyer may use the Withdrawal Form from the Purchase Agreement provided by the seller. The withdrawal from the purchase agreement should be sent by the buyer to the email or delivery address of the seller as specified in these terms and conditions. The seller will promptly confirm the receipt of the form to the buyer.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract.
7. If the buyer withdraws from the contract, the seller will promptly, but no later than 14 days from the withdrawal from the contract, return all funds received from the buyer using the same payment method. The seller will refund the buyer in a different way only if agreed upon by the buyer and if it does not incur additional costs for the buyer.
8. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received funds to the buyer before the buyer hands over the goods or proves that the goods have been sent to the seller.
9. The buyer must return the goods to the seller undamaged, unused, and uncontaminated, and, if possible, in the original packaging. The right to compensation for damage to the goods is unilaterally offset by the seller against the buyer's claim for a refund of the purchase price.
10. The seller is entitled to withdraw from the purchase contract due to the exhaustion of stock, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The seller promptly informs the buyer via the email address provided in the order and refunds within 14 days from the notice of withdrawal from the purchase contract all funds received from the buyer based on the contract, including delivery costs, using the same method or a method specified by the buyer.
VII.
Rights from Defective Performance
1. The seller assures the buyer that the goods are free from defects upon receipt. In particular, the seller assures the buyer that at the time of taking over the goods:
- have properties that the parties have agreed upon, and if there is no agreement, the goods have properties that the seller or manufacturer has described or that the buyer expected given the nature of the goods and based on the advertising they conducted.
- are suitable for the purpose for which the seller specifies them for use or for which goods of this kind are commonly used.
- correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model.
- are in the appropriate quantity, measure, or weight.
- meet the requirements of legal regulations.
2. If a defect appears within six months of the goods being taken over by the buyer, it is considered that the goods were defective at the time of takeover. The buyer is entitled to assert the right from a defect that occurs in consumer goods within twenty-four months of takeover. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by its normal use for used goods to a defect corresponding to the degree of use or wear that the goods had at the time of takeover by the buyer, or if it arises from the nature of the goods.
3. In the case of a defect, the buyer may submit a complaint to the seller and request:
- exchange for new goods;
- repair of the goods, a reasonable discount on the purchase price;
- withdrawal from the contract.
4. The buyer has the right to withdraw from the contract:
- if the goods have a significant defect;
- if the item cannot be properly used due to the repeated occurrence of defects or defects after repair;
- in the case of a greater number of defects in the goods.
5. The seller is obliged to accept the complaint at any store where the acceptance of complaints is possible, or at the registered office or place of business. The seller is required to provide the buyer with a written confirmation of when the buyer asserted their right, the content of the complaint, the desired method of settling the complaint, as well as confirmation of the date and method of settling the complaint, including confirmation of the repair performed and its duration, or a written justification for rejecting the complaint.
6. The seller or an authorized employee will decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably required, depending on the type of product or service, for the expert assessment of the defect. The complaint, including the rectification of the defect, must be processed promptly, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period without resolution is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment of asserting the complaint is considered the moment when the buyer expresses their will (asserting the right to defective performance) to the seller.
7. The seller informs the buyer in writing about the result of the complaint.
8. The right to claim defective performance does not belong to the buyer if the buyer knew that the item was defective before taking possession of it or if the buyer caused the defect themselves.
9. In the case of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs related to the assertion of the complaint. This right can be claimed by the buyer from the seller within one month after the expiration of the warranty period.
10. The buyer has the option to choose the method of complaint.
11. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.
12. Additional rights and obligations of the parties related to the seller's liability for defects are regulated by the Seller's Complaints Procedure.
VIII.
Principles of Personal Data Processing
I.
Basic Provisions
1. The controller of personal data, according to Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR"), is HEDVA ČESKÝ BROKÁT, s.r.o., ID: 02117673, with registered office at Opavská 463/23, 795 01 Rýmařov, Czech Republic (hereinafter referred to as the "controller").
2. Contact details of the controller are:
Address: Opavská 463/23, 795 01 Rýmařov, Czech Republic
E-mail: cervenakova@hedvabrokat.cz
Phone: +420 603 476 602
3. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
4. The controller has not appointed a Data Protection Officer.
II.
Sources and categories of processed personal data
1. The controller processes personal data that you have provided or personal data obtained by the controller based on the fulfillment of your order.
2. The controller processes your identification and contact details, as well as data necessary for the fulfillment of the contract.
III.
Legal basis and purpose of personal data processing
1. The legal basis for the processing of personal data is:
- Fulfillment of the contract between you and the controller according to Article 6(1)(b) of the GDPR. The legitimate interest of the controller in providing direct marketing (especially for sending commercial communications and newsletters) according to Article 6(1)(f) of the GDPR;
- Your consent to processing for the purposes of direct marketing (especially for sending commercial communications and newsletters) is based on Article 6(1)(a) of the GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on certain services of the information society, in the case where there has been no order for goods or services.
2. The purpose of processing personal data is:
- Processing your order and performing the rights and obligations arising from the contractual relationship between you and the controller. When placing an order, personal data necessary for the successful processing of the order (such as name and address, contact information) are required. Providing personal data is a necessary requirement for entering into and fulfilling the contract. Without providing personal data, it is not possible to conclude or fulfill the contract on the part of the controller;
- Sending commercial communications and conducting other marketing activities.
3. The controller engages in automatic individual decision-making within the meaning of Article 22 of the GDPR. With such processing, you have provided your explicit consent.
IV.
Retention period
1. The controller retains personal data:
- For the period necessary to fulfill the rights and obligations arising from the contractual relationship between you and the controller and to assert claims arising from these contractual relationships (for a duration of 15 years from the termination of the contractual relationship).
- For the duration until the consent for the processing of personal data for marketing purposes is revoked, with a maximum period of 3 years if personal data is processed based on consent.
2. After the expiration of the data retention period, the controller will erase the personal data.
V.
Recipients of personal data (subcontractors of the controller)
1. Recipients of personal data are individuals:
- Individuals involved in the delivery of goods/services/payment processing based on the contract;
- Providing services for the operation of the e-shop and other services related to the operation of the e-shop;
- Providing marketing services.
2. The controller does not intend to transfer personal data to a third country (outside the EU) or an international organization. Recipients of personal data in third countries are providers of mailing services/cloud services.
VI.
Your rights
1. Under the conditions specified in the GDPR, you have the right to:
- Access your personal data according to Article 15 of the GDPR;
- Rectify your personal data according to Article 16 of the GDPR, or restrict processing according to Article 18 of the GDPR;
- Erase your personal data according to Article 17 of the GDPR;
- Object to the processing of your personal data according to Article 21 of the GDPR;
- Data portability according to Article 20 of the GDPR;
- Withdraw your consent to processing in writing or electronically to the address or email of the controller specified in Article III of these terms.
2. Furthermore, you have the right to lodge a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.
VII.
Conditions for the security of personal data
1. The controller declares that they have implemented all appropriate technical and organizational measures to secure personal data.
2. The controller has implemented technical measures to secure data storage and storage of personal data in paper form, including: server rooms, safes, paper archives, CD disks.
3. The controller declares that only authorized personnel have access to personal data.
VIII.
Final provisions
1. By submitting the order through the online order form, you confirm that you are familiar with the conditions of personal data protection and that you accept them in their entirety.
2. By checking the consent box through the online form, you agree to these terms. By checking the consent box, you confirm that you are familiar with the conditions of personal data protection and accept them in their entirety.
3. The controller is entitled to change these terms. The new version of the personal data protection terms will be published on its website, and at the same time, the controller will send the new version of these terms to your email address that you provided to the controller.
The principles of personal data processing (Article VIII. of these General Terms & Conditions) shall become effective on the day the General Terms & Conditions as a whole come into effect.
IX.
Delivery
1. The parties to the contract may deliver all written correspondence to each other via email.
2. The buyer delivers correspondence to the seller at the email address provided in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in their customer account or order.
X.
Extrajudicial Dispute Resolution
1. The extrajudicial resolution of consumer disputes arising from a purchase agreement is within the competence of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID (IČ): 00020869, website: https://adr.coi.cz/cs. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase agreement.
2. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to 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).
3. Seller is authorized to sell goods based on a trade license.
4. Trade inspections are carried out by the relevant trade office within its scope of authority. The Czech Trade Inspection Authority (Česká obchodní inspekce) oversees compliance with, among other things, Act No. 634/1992 Coll., on Consumer Protection, within its defined scope.
XI.
Final provisions
1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the sales contract involves an international element, the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
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 Civil Code.
3. All rights to the seller's website, especially copyright to the content, including the layout of the page, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the consent of the seller.
4. The seller is not responsible for errors caused by third-party interventions in the online store or due to its use contrary to its intended purpose. The buyer must not use procedures that could have a negative impact on its operation when using the online store and must not engage in any activities that could allow unauthorized interference or use of the software or other components constituting the online store by them or third parties. The buyer must use the online store or its parts or software in a manner consistent with its purpose or intent.
5. The buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
6. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.
8. Withdrawal from the Purchase Agreement and Seller's Complaints Procedure are annexed to the General Terms & Conditions.
9. An appendix to the General Terms and Conditions is the Withdrawal Form from the Purchase Agreement.
These General terms & Conditions take effect on November 14, 2023.
