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Facebook
It is a tool for measuring the effectiveness of online marketing communication and for the most effective targeting of online advertising on Facebook. More information can be found here: https://cs-cz.facebook.com/policies/cookies/.
All your data that you entrust to us is safe with us. We are aware of how sensitive information you provide us and therefore we choose very carefully the partners to whom we entrust this information (eg post services). We make sure that your data is not misused for any purpose other than those for which we provided it.
1. Basic provision
The controller of personal data pursuant to Article 4 (7) of Regulation of the European Parliament and of the Council (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter: "GDPR") is Eva Vontorová (hereinafter: "administrator").
Contact details of the administrator can be found here:
https://www.ether.cz/cz/obchodni-podminky
Then: https://www.ether.cz/cz/obchodni-podminky
Personal data is any information about an identified or identifiable individual person; an identifiable individual person is an individual person who can be identified, directly or indirectly, in particular by reference to a specific identifier, such as name, identification number, location data, network identifier or one or more specific physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. The administrator did not appoint a data protection authorized person.
2. Sources and categories of personal data processed
The administrator processes personal data that you have provided to him or personal data that the administrator has obtained on the basis of the fulfillment of your order. The administrator processes your identification and contact data and the data necessary for the performance of the contract.
3. Legal reason and purpose of personal data processing
The legal reason for processing personal data is the performance of the contract between you and the controller pursuant to Article 6, paragraph 1, letter (b) GDPR, the administrator's legitimate interest in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6 (1) (a); f) GDPR, Your consent to processing for the purposes of providing direct marketing (especially for sending commercial messages and newsletters) according to Art. a) GDPR in connection with § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services in the event that no goods or services have been ordered. The purpose of processing personal data is to process your order and exercise the rights and obligations arising from the contractual relationship between you and the administrator; when ordering, personal data are required, which are necessary for successful processing of the order (name and address, contact), providing personal data is a necessary requirement for concluding and fulfilling the contract, without providing personal data it is not possible to conclude the contract or fulfill it by the administrator, sending business communications and other marketing activities.There is no automatic individual decision by the administrator within the meaning of Article 22 of the GDPR. You have given your express consent to such processing.
This data we obtain:
- e-mail
- password in encrypted form
- name and surname (only if necessary for the specific service)
- contact and / or delivery address (for order delivery)
- telephone number (for order status information)
- other data filled in voluntarily by you (eg in the contact form)
and the information we obtain from you by using our services:
- IP address
- ID VAT
- cookies (in the case of online services)
If you register and create a profile:
- name, surname, e-mail
4. Data retention period
The Administrator retains personal data for the time necessary to exercise the rights and obligations arising from the contractual relationship between you and the Administrator and to assert claims arising from these contractual relationships (for a period of 15 years from the termination of the contractual relationship). Until the consent to the processing of personal data for marketing purposes is revoked, a maximum of 10 years if the personal data are processed on the basis of the consent. After the retention period of personal data, the administrator deletes the personal data.
5. Recipients of personal data (subcontractors of the controller)
The recipients of personal data are persons and companies involved in the delivery of goods, the execution of payments on the basis of a contract, providing e-shop operation services and other services in connection with the operation of an e-shop, providing marketing services. The controller does not intend to transfer personal data to a third country (to a non-EU country) or to an international organization that is not on the list below. The recipients of all personal data in third countries can be mailing / cloud service providers. Third parties that may have access to your personal information depending on the nature of the service you use or have used are:
- persons to whom we provide data for the purpose of analyzing traffic to our website;
- persons who provide for us the technical operation of a certain service or operators of technologies that we use for our services;
- persons who provide us with sufficient security and integrity of our services and website and also regularly test this security;
- payment gateway providers (payment card providers) and other banking services;
- transport service providers that deliver your orders to you;
- providers of technical solutions enabling easy delivery of your order and notification of order delivery;
- operators of technical solutions, thanks to which we can display relevant content and advertising only for you.
Under certain, precisely defined conditions, we are then obliged to transfer some of your personal data on the basis of valid legal regulations, eg to the Police of the Czech Republic, or other public authorities.
6. Your rights
Under the conditions set out in the GDPR, you have:
The right of access to personal data pursuant to Article 15 of the GDPR.
The right to correct personal data according to Article 16 of the GDPR, or restrictions on processing according to Article 18 of the GDPR.
The right to delete personal data according to Article 17 of the GDPR.
The right to object to the processing pursuant to Article 21 of the GDPR and the right to data portability pursuant to Article 20 of the GDPR.
The right to withdraw consent to processing in writing or electronically to or the administrator's email referred to in Article III of these Terms.
You also have the right to file a complaint with the Office for Personal Data Protection if you think that your right to privacy has been violated.
7. Terms of personal data security
The controller declares that it has taken all appropriate technical and organizational measures to secure personal data. The administrator has taken technical measures to secure data repositories and personal data repositories in paper form, in particular securing access to data repositories, e-shop administration and hosting services. Furthermore, the use of anti-spam applications, encrypted access of e-shop users using the secure HTTPS protocol and regular data backup, where the backups are secured with passwords. The controller declares that only persons authorized by him have access to personal data. Data in paper form are secured mechanically (locked), after the expiration of the retention period they are shredded. The controller declares that only persons authorized by him have access to personal data.
8. Final Provisions
By submitting an order from the online order form, you confirm that you are familiar with the conditions of personal data protection and that you accept them in full. You agree to these terms by checking your consent via the online form. By checking the consent, you confirm that you are familiar with the conditions of personal data protection and that you accept them in full. The administrator is entitled to change these conditions. Administrator will publish a new version of the terms of personal data protection on its website, or send you a new version of these terms and conditions to the e-mail address you provided to the administrator.
These conditions take effect on 1 December 2020
In case of litigation and inconsistencies due to incorrect translation, the Czech version applies.
1. Introductory Provisions
1.1
These terms and conditions ("Terms and Conditions") of the seller Eva Vontorová, with its registered office at Tolstého 21, 101 00 Praha 10, VAT No. CZ7652161737 ("Seller"), are regulated in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (“Civil Code”) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between the Seller and another natural or legal person ("Buyer") through an online store Seller (Seller and Buyer also "Parties"). The Internet shop is operated by the Seller at the internet address www.ether.cz ("Internet shop").
1.2
When concluding and fulfilling the purchase contract, the seller acts within the scope of its business activities. Depending on the nature of the Buyer, the Buyer is either a consumer, according to the relevant legal regulations concluding a purchase contract for his personal use, or an entrepreneur who concludes a purchase contract in connection with his own business activities.
1.3
Relationships not regulated by these Business Terms and Conditions are governed by the Civil Code and, in the event that the buyer is considered a consumer, also by Act No. 634/1992 Coll., On Consumer Protection.
1.4
At the same time, the Business Terms and Conditions regulate the rights and obligations of the Contracting Parties when using the Internet shop and the related legal relations. The provisions of the Business Conditions are part of the purchase contract. The Purchase Agreement and the Business Conditions are drawn up in the Czech and English languages, and in the event of a conflict between the language versions, the Czech version shall prevail. The Purchase Agreement can be concluded in Czech or English according to the Buyer's choice of display language of the Internet Store.
1.5
The wording of the Business Conditions may be changed or supplemented by the Seller. Unless otherwise stipulated by generally valid regulations, the rights and obligations of the Contracting Parties shall be governed by the wording of the Business Conditions valid at the time of concluding the Purchase Agreement.
1.6
If the purchase contract contains provisions different from these Business Conditions, the provisions of the purchase contract shall prevail.
2. Conclusion of the Purchase Agreement
2.1
The seller presents the goods produced or sold by him - via the Internet shop - clothing and fashion accessories, for sale. For goods, the usual prices of goods are stated, including value added tax (unless it is explicitly stated that it is stated without VAT) and all related fees that may be paid in accordance with the relevant legal regulations. The presentation of goods and the prices of goods are valid at the time they are displayed in the Online Store. Products that do not have a specified price and are available in the online store are tailor-made and will have a price set only after individual consultation. The exact price of the product will always be communicated to the customer before the binding order of the product.
2.2
All presentation of goods placed in the Online Store is of an informative nature and the Seller is not obliged to enter into a purchase agreement regarding these goods. The offer of goods is not considered a proposal to deliver goods in the sense of the provisions of § 1732 paragraph 2 of the Civil Code.
2.3
The online store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the Online Store applies to the delivery of quantities of goods for personal use. The cost of delivery of goods in quantities for business purposes or by a special mode of transport required by the Buyer must be individually agreed with the Seller. If the Buyer is interested in purchasing the presented goods from the Seller, the Buyer will fill in the order form on the website of the Online Store.
2.4
The order form contains information about the ordered goods, the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and information on costs associated with the delivery of goods ("Order").
2.5
Before sending the Order to the Seller, the Buyer is allowed to check and change the data he has entered in the Order, even with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer sends the order to the seller by clicking on the "Proceed to payment" button.
2.6
The data listed in the order they are deemed correct by the seller. Immediately after receiving the Order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the user interface or in the Order.
2.7
The Seller will not unreasonably reject a properly sent Order and confirm it under the conditions that were presented in the Online Store. Goods produced by the Seller are produced or purchased in small series, when despite all the efforts of the Seller, a situation may arise that some of the presented goods will no longer be in stock and its production has already been terminated. Such goods can be delivered in agreement with the Buyer to order, but it cannot be ruled out that it will not be possible to deliver the goods at the price that was offered for the goods produced in series. If the Buyer has already paid the purchase price, the purchase price will be returned to his account and the purchase contract will not be concluded.
2.8
The Purchase Agreement is concluded upon delivery of the Seller's binding consent to the Order, which is sent by the Seller to the Buyer by e-mail, to the e-mail address - the Buyer's e-mail. The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement (including the Business Conditions).
2.9
By sending the order, the Buyer confirms that he has read these Terms and Conditions, including the complaint procedure, and that he agrees with them.
2.10
The buyer agrees to enter into a purchase agreement using means of distance communication. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, costs of telephone calls) shall be borne by the Buyer, costs of electronic or telephone communication with the Seller are not charged.
3. Price of Goods and Payment Terms
3.1
The price of goods and costs associated with packaging and delivery of goods ("Purchase Price") according to the purchase contract shall be paid by the Buyer to the Seller by one of the methods of payment: cashless bank transfer to the Seller's account or cash upon receipt of goods at the Seller's premises at Petrské náměstí 1, 110 00 Prague 1.
3.2
The Purchase Price does not include customs or other fees that may arise upon delivery of the goods due to the applicable legislation of the country to which the goods are delivered, and these costs are borne by the Buyer.
3.3
In the case of non-cash payment, the Buyer shall pay the price of the Order before its settlement to the bank account of the Seller specified in the Online Store. To process the Order, it is necessary to pay a payment with a variable symbol, which is the number of the Order and which the Buyer will receive upon completion of the Order. The purchase price is considered paid on the day when the relevant amount was credited to the bank account of the Seller.
3.4
The price is valid at the time of ordering. All changes, including price changes in the Online Store, are reserved and include 21% VAT.
3.5
Pursuant to Act No. 112/2016 Coll., On the registration of sales, the Seller is obliged to issue a receipt to the Buyer, resp. Invoice.
3.6
The buyer agrees to the issuance of a receipt or tax document in electronic form.
4. Withdrawal from the Purchase Agreement
4.1
The buyer (consumer) is entitled to withdraw from the contract within 14 days from the date of receipt of the goods in the case of concluding a purchase contract by means of distance communication in accordance with § 1829 paragraph 1 of the Civil Code without giving a reason. In the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the Buyer may use the sample form provided by the Seller, which is listed at the end of this document. Withdrawal from the purchase contract may be delivered by the Buyer to the address of the Seller's registered office or the Seller's establishment (ETHER, Petrské náměstí 1, 110 00 Prague 1) or to the Seller's e-mail address info@ether.cz. If necessary, the Buyer will keep a confirmation of sending the withdrawal from the Purchase Agreement.
4.2
In the event of withdrawal from the purchase contract pursuant to Article 4.1. Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller without undue delay, no later than 14 days after withdrawal from the purchase contract, by sending back to the address of the Seller's registered office or by personal delivery to the address of the Seller's premises (ETHER, Petrské náměstí 1, 110 00 Prague 1). The deadline is considered to be observed if the Buyer sends the goods back to the Seller before the expiration of 14 days. The buyer will keep a confirmation of shipment of goods if necessary. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by ordinary mail due to their nature. The goods must be returned to the Seller undamaged and unworn, and if possible, in the original packaging.
4.3
Within 10 days of the return of the goods by the Buyer according to Article 4.2. The Seller is entitled to inspect the returned goods, especially in order to determine whether the returned goods are not damaged, worn or partially consumed.
4.4
In the event of withdrawal from the contract pursuant to Article 4.1. of the Business Conditions The Seller will return the purchase price to the Buyer, without the costs already explained in connection with the packaging and delivery of the goods, within 14 days of withdrawal from the purchase contract by the Buyer, non-cash to the account designated by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that he sent the goods to the Seller..
4.5
The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to compensation for the damage caused by the Buyer. The buyer is responsible for the reduction 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 properties of the goods, including its functionality. The Seller is entitled to unilaterally set off the right to compensation for the damage against the Buyer's right to a refund of the purchase price. If the goods can no longer be returned - they have been destroyed or consumed, the Buyer must provide monetary compensation in return for what can no longer be issued.
4.6
The Buyer has no right to withdraw from the contract in accordance with the provisions of § 1837 of the Civil Code, in particular, in the case under letter (b) goods or services the price of which depends on fluctuations in the financial market independently of the will of the trader which may occur during the withdrawal period, (d)goods which have been adapted to the wishes of the consumer or to his person, and (g)goods in a closed package which the consumer has removed from the package and for hygienic reasons cannot be returned.
4.7
Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the purchase contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, in a non-cash manner to the bank account designated by the Buyer.
5. Transportation and Delivery of Goods
5.1
The method of delivery of goods is determined by the Seller, unless otherwise stipulated in the purchase contract. In the event that the mode of transport is contracted on the basis of the Buyer's individual request, the Buyer bears the risk and any additional costs associated with this mode of transport.
5.2
If, according to the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery. If the buyer does not take over the goods upon delivery, the Seller is entitled to withdraw from the purchase contract.
5.3
If, according to the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery. If the buyer does not take over the goods upon delivery, the Seller is entitled to withdraw from the purchase contract.
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 immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier. By signing the delivery note, the Buyer confirms that the consignment of goods met all the conditions and requirements and that any subsequent claims regarding breach of the packaging of the consignment cannot be taken into account.
6. Liability to Defects, Warranty, Disclaimer
6.1
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections § 1914 to 1925, Sections § 2099 to 2117 and Sections § 2161 to 2174 of the Civil Code).
6.2
The Seller is responsible to the Buyer for the fact that the sold thing is in accordance with the purchase contract, especially that it is without defects. Compliance with the purchase contract means that the sold item has the quality and useful properties required by the contract, described by the Seller, the manufacturer or his representative, or expected on the basis of advertising, or the quality and useful properties usual for the item. , is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the Seller for the use of the item or for which the item is usually used.
6.3
If the defect becomes apparent within 6 months of receipt of the goods, it is considered that the goods were defective at the time of receipt, unless it contradicts the nature of the thing or unless the contrary is proven.
6.4
The rights arising from defective performance are exercised by the Buyer with the Seller at the address of the Seller's registered office or by handing over at the address of the Seller's establishment (ETHER, Petrské náměstí 1, 110 00 Prague 1). The moment of claim is considered to be the moment when the Seller received the claimed goods from the Buyer.
6.5
Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's complaint procedure.
6.6
The buyer acknowledges the following rules: When using the goods, follow the instructions associated with its maintenance.
7. Other Rights and Obligations of the Contracting Parties
7.1
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2
The buyer acknowledges that the software and other components that make up the website of the Online Store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the Online Store.
7.3
The Buyer is not entitled to use mechanisms, software or other procedures when using the Online Store, which could have a negative effect on the operation of the Online Store. The web interface of the Internet Store may be used only to the extent that is not to the detriment of the rights of other customers of the Seller, and which is in accordance with its purpose. The Buyer acknowledges that the Seller is not liable for errors caused by third party interventions in the Internet Store website or as a result of using the Internet Store website contrary to its purpose.
7.4
In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
7.5
The out-of-court settlement of consumer complaints is provided by the Seller via the electronic address info@ether.cz. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
7.6
The courts of the Czech Republic have jurisdiction to discuss any disputes between the Seller and the Buyer. Any disputes between the Seller and the Buyer (consumer) can also be resolved out of court. In such a case, the consumer may contact the out-of-court dispute resolution entity, such as the Czech Trade Inspection Authority, or resolve the dispute online via a dedicated ADR platform.
7.7
The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
8. Protection of Personal Data and Sending of Commercial Messages
8.1
The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
8.2
The seller processes the personal data of the buyers to the extent necessary to fulfill the purpose of the purchase contract, ie in particular the delivery of goods and fulfillment of the warranty. The buyer agrees to the processing of the following personal data: name and surname, residential address or other delivery address, company, e-mail address, telephone number, or bank account, if provided.
8.3
The Buyer agrees to the processing of personal data by the Seller, for the purposes of exercising the rights and obligations under the purchase contract and sending commercial communications to the extent permitted by law or separately granted by the Buyer, until his written expression of disagreement with such processing. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
8.4
The Buyer acknowledges that he is obliged to state his personal data correctly and truthfully in the Order made in the Online Store, and that he is obliged to inform the Seller without undue delay of any change in his personal data.
8.5
The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods or banking institutions for the purpose of refunding, personal data will not be passed by the Seller to third parties without the prior consent of the Buyer.
8.6
Personal data will be processed for the time necessary to fulfill the purpose of processing, for a maximum period of 15 years. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
8.7
The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data. The Buyer declares that he has been informed that the consent to the processing of personal data may be revoked in relation to the Seller by a written notice delivered to the address of the Seller.
8.8
The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
8.9
In the event that the Buyer believes that the Seller or the processor (according to Article 8.5. Of the Terms and Conditions) performs the processing of his personal data, which is contrary to the protection of private and personal life of the Buyer or contrary to the law, especially if personal data inaccurate with regard to the purpose of their processing, may:
a) ask the Seller or the processor for an explanation,
b) require the Seller or the processor to eliminate the situation thus created.
8.10
If the Buyer requests information about the processing of his personal data, the Seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
8.11
The buyer agrees to the storage of so-called cookies on his computer. Through the settings of his web browser, the Buyer can manually delete, block or completely disable individual cookies. Individual cookies can also be blocked or allowed only for specific sites. For more information, see the cookie policy.
9. Delivery
9.1
Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail or through the postal service provider (at the option of the sender).
The message is delivered:
a) in the case of delivery by electronic mail at the time of its receipt on the incoming mail server; the integrity of messages sent by e-mail can be ensured by a certificate,
b) in the case of delivery through a postal service provider, by taking over the consignment by the addressee,
c) in the case of delivery via a postal service provider, after a period of 10 days from the deposit of the item and giving the addressee an invitation to take over the deposited item, if the item is deposited with the postal service provider, even if the addressee did not know about the deposit.
10. Final Provisions
10.1
These Business Terms and Conditions apply as stated on the Seller's website on the day of concluding the purchase contract.
10.2
If the relationship related to the use of the Internet shop or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
10.3
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or the Business Conditions require a written form.
10.4
The Purchase Agreement, including the Business Conditions, is archived by the Seller in electronic form and is not accessible to third parties.
10.5
The appendix to the Business Conditions is a sample form for withdrawal from the purchase contract.
10.6
Contact details of the Seller: address for ETHER delivery, Petrské náměstí 1, 110 00 Prague 1, e-mail address info@ether.cz, telephone +420 605 262 585.
10.7
These Business Terms and Conditions take effect on 1 December 2020.
1. Introductory Provisions
1.1
This complaint procedure is an integral part of the business conditions of the Seller.
1.2
These Complaints Rules are governed by Act No. 89/2012 Coll., The Civil Code, and Act No. 634/1992 Coll., On Consumer Protection, as amended, and apply to goods for which the rights are exercised during the warranty period. buyer from liability for defects ("claims").
1.3
If the Buyer is a consumer, the relations not regulated by the Business Conditions are governed by the Civil Code and Act No. 634/1992 Coll., On consumer protection. If the Buyer is an entrepreneur, the relations not regulated by the Business Conditions are governed by the Civil Code.
1.4
The buyer is obliged to get acquainted with the business conditions and the complaint procedure before ordering the goods. By concluding the purchase contract and taking over the goods from the seller, the buyer agrees to these complaint rules.
2. Defects of Goods and Rights from Defective Performance
2.1
The seller responds to the buyer that the goods are free of defects upon receipt. The seller is responsible to the buyer that at the time when the buyer took over the goods:
a) the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by him;
b) the goods are suitable for the purpose stated by the seller for their use or for which a thing of this kind is usually used,
c) the goods 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,
d) the goods are in the appropriate quantity, measure or weight, and
e) the goods comply with the general requirements of the legislation.
2.2
If the goods do not have the properties listed above in Article 2.1 of the Complaints Procedure, the buyer may request delivery of a new item without defects, unless it is disproportionate due to the nature of the defect, but if the defect concerns only part of the item, the buyer may only request replacement if possible. If it is not possible he may withdraw from the contract. If the request for replacement of goods is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
2.3
The buyer has the right to deliver a new item or replace its part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.
2.4
If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without a defect, to replace its part or to repair the item, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.
2.5
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
2.6
The buyer is entitled to exercise the right from defective performance within 24 months of receipt of the goods. If the defect becomes apparent within 6 months of receipt of the goods, it is considered that the goods were defective at the time of receipt, unless it contradicts the nature of the thing or unless the contrary is proven. The warranty period for the buyer, entrepreneur who concludes a purchase contract in connection with its own business, production or similar activities is 12 months from receipt of the goods. The warranty period is extended by the time for which the goods were under repair. In the event of an exchange of goods, a new warranty period begins to run.
2.7
The buyer is recommended to check the condition of the shipment together with the carrier when taking over the goods (integrity of the tape, damage to the box). The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract, provided that the shipment is, for example, incomplete or damaged. If the buyer accepts such a damaged consignment from the carrier, it is necessary to describe the damage in the carrier's handover protocol. Incomplete or damaged shipment must be reported immediately by e-mail to info@ether.cz. An additional claim for incompleteness or external damage to the shipment does not deprive the buyer of the right to complain,
2.8
The seller's liability for defects does not apply to wear and tear caused by its normal use, in the case of a thing sold at a lower price for a defect for which a lower price was agreed, in the case of a used thing for a defect corresponding to the degree of wear if it's by nature.
2.9
The right to exercise the rights arising from defective performance expires in the case of unprofessional handling and handling of goods, ie especially when using the goods in conflict with the conditions specified in the documentation for the goods and Article 6.6 of the Terms and Conditions.
2.10
At the request of the buyer, the seller is obliged to provide the buyer with a written confirmation of the obligations arising from defective performance to the extent provided by law ("warranty certificate"). Instead of a warranty card, the seller normally issues a proof of purchase of goods (invoice), which contains information such as a warranty card.
3. Complaint Settlement
3.1
The buyer can complain about the goods, including exercising the right to request the removal of defects in the goods by repair, sending the goods to the seller by post to the address of the registered office of ETHER, Petrské náměstí 1, 110 00 Prague 1 or personal delivery to the same address.
3.2
Without prejudice to the legal rights of the buyer, the seller always recommends a personal meeting in the ETHER store at the address above, where the goods will be inspected and in case of justification, the complaint will be settled on the spot.
3.3
Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and buyer agree on a longer period. After this period, the buyer is granted the same rights as if it were a material breach of contract.
3.4
The period for settling a complaint according to Article 3.3 of the Complaints Procedure is suspended if the seller has not received all the documents necessary for settling the complaint - the claimed goods, including complete accessories, a copy of the proof of purchase, a completed complaint form with a detailed description of the defect and contact details. The seller is obliged to request additional documents from the buyer in the shortest possible time. The deadline is suspended from this date until the delivery of the requested documents by the buyer.
3.5
In situations where the goods need to be sent to the seller, the buyer keeps the goods packed in a suitable and sufficiently protective packaging material so that it is not damaged during transport. If necessary, the buyer will keep a confirmation of sending the goods to the seller.
3.6
The seller will issue a written confirmation to the buyer about when the complaint was made, what is its content, what method of handling the complaint is required, by e-mail immediately after receiving the complaint; further confirmation of the date and method of handling the complaint, including confirmation of the correction and duration of the complaint, or justification for rejecting the complaint.
3.7
The buyer is entitled to reimbursement of the necessary costs (especially postage, which he paid when sending the claimed goods), which arose in connection with the exercise of legitimate rights from liability for defects and were incurred actually and efficiently.
3.8
After the proper settlement of the complaint, the seller will notify the buyer of the termination of the complaint either by phone, SMS or e-mail, and will automatically send the goods to the buyer's address after the complaint has been settled.
3.9
In the event of withdrawal from the purchase contract or the provision of a discount on the purchase price, the relevant payment is returned to the buyer by transfer to a bank account or in cash, if the seller and the buyer agree.
4. Final Provisions
4.1
This complaint procedure is available at the seller's registered office or at www.ether.cz
4.2
These complaint rules take effect on 1 December 2020.
Model Withdrawal from the Contract
Send the form to the address: ETHER, Petrské náměstí 1, 110 00 Prague 1, email: info@ether.cz
I hereby withdraw from the purchase contract concluded for the goods:
name / description of goods:..............................................................
ordered / received on:..............................................................
buyer's name:..............................................................
buyer address:..............................................................
date:..............................................................
buyer's signature (only if you deliver the withdrawal from the contract physically):..............................................................
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