Terms and conditions

Company name: Veselá Nela
Registered address: Na Nábřeží 113 Havířov – City
Identification number: 01063987
A natural person registered in the trade register kept by the Havířov City Office
For the sale of goods through an online store located at the internet address flamenell.com

VAT non-payer

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) for the e-shop run by Nela Veselá (hereinafter referred to as the “Seller”) regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the 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 the “Buyer”) via the Seller’s online store. The online store is operated by the Seller on a website located at the Internet address flamenell.com (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Website Interface”).

1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who acts when ordering goods within the scope of their business activities or within the scope of their independent profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the purchase contract. Deviating provisions 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 the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the period of effectiveness of the previous wording of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as the “user account”). If the web interface of the store allows it, the Buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.

2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.

2.4. The Buyer is not entitled to allow third parties to use the user account.

2.5. The Seller may cancel the user account, especially if the Buyer does not use his user account for more than 2 years, or if the Buyer violates his obligations under the purchase contract (including the terms and conditions).

2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF A PURCHASE CONTRACT

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods are listed including all related fees. The prices of the goods remain valid for the period when they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.

3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information about the costs associated with the packaging and delivery of the goods listed in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

  • 3.4. To order goods, the buyer fills out an order form in the web interface of the store. The order form contains in particular information about:
  • 3.4.1. the ordered goods (the buyer “inserts” the ordered goods into the electronic shopping cart of the web interface of the store),
  • 3.4.2. the method of payment for the purchase price of the goods, information about the requested method of delivery of the ordered goods and
  • 3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, including with regard to the buyer’s ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the ” ” button. The data specified in the order are considered correct by the seller.

3.6. Sending the order is considered an act of the buyer that undoubtedly identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer’s confirmation that he has become familiar with these terms and conditions.

3.7. The Seller shall immediately upon receipt of the order confirm receipt to the Buyer 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”).

3.8. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).

3.9. The draft purchase contract in the form of an order is valid for fifteen days.

3.10. The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.

3.11. If the seller cannot meet any of the requirements specified in the order, he will send the buyer an amended offer to the buyer’s email address, indicating possible order variants, and request the buyer’s opinion.

3.12. The amended offer is considered a new draft purchase contract, and in such a case, the purchase contract is concluded only upon the buyer’s acceptance via email.

3.13. The buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are paid by the buyer himself, and these costs do not differ from the basic rate.

4. PRICE OF GOODS, SHIPPING AND PAYMENT

4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:

4.1.1. by bank transfer to the seller’s account no. 242752002/5500 . , held at Raiffeisenbank (hereinafter referred to as the “seller’s account”)
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The seller does not require an advance payment or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cashless payment, the purchase price is due within 7 days of concluding the purchase contract.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.

4.6. The seller is entitled, especially in the event that the buyer does not additionally confirm the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code do not apply.

4.7. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in a package to the buyer’s address.

  • Online payments are provided by the payment gateway Comgate. The service provider, Comgate a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. Further information and contacts at www.comgate.cz.
  • Information on payment methods: https://help.comgate.cz/v1/docs/cs/platby-kartou https://help.comgate.cz/docs/bankovni-prevody

CONTACT DETAILS OF THE PAYMENT GATEWAY

Comgate, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: platby-podpora@comgate.cz
Tel: +420 228 224 267

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, the purchase contract may not be withdrawn, among other things:

  • 5.1.1. for the delivery of goods, the price of which depends on fluctuations in the financial market independent of the seller’s will and which may occur during the withdrawal period,
  • 5.1.2. for the delivery of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the seller’s will,
  • 5.1.3. for the delivery of goods that have been modified according to the buyer’s wishes or for his person
  • 5.1.4. for the delivery of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery,
  • 5.1.5. on the delivery of goods in a sealed package that the buyer has removed from the package and cannot be returned for hygiene reasons,
  • 5.1.6. on the delivery of an audio or video recording or a computer program, if the original packaging has been broken,
  • 5.1.7. on the delivery of newspapers, periodicals or magazines,
  • 5.1.8. on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the buyer’s prior express consent before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract.

5.2. Unless it is a case specified in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if 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. The withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

5.3. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions. The buyer can send the withdrawal from the purchase contract, among others, to the address of the seller’s business premises or registered office. The provisions of Article 11 of these terms and conditions apply to the delivery of the withdrawal from the contract.

5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by their nature by regular mail.

5.5. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (25) days of the withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and no additional costs are incurred 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.

5.6. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.

5.7. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.

5.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract regarding such gift loses its effect and the buyer is obliged to return the gift provided to the seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.

6.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order under the purchase contract, the Buyer shall be obliged to accept the goods upon delivery.

6.3. If, for reasons on the Buyer’s part, the goods must be delivered repeatedly or in a manner other than that specified in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4. When accepting the goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If the packaging is found to be damaged, indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

7. RIGHTS 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 Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2. The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the goods:

  • 7.2.1. the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties that the seller or the manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
  • 7.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
  • 7.2.3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
  • 7.2.4. the goods are in the appropriate quantity, measure or weight and
  • 7.2.5. the goods comply with the requirements of legal regulations.
  • 7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, for wear and tear of the goods caused by its usual use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

7.4. If the buyer complains or wants to exchange the goods due to purchasing the wrong size. He is obliged to report this fact within 7 days of taking over the goods. Return the goods undamaged and in the same condition as when they were taken over to the seller’s address. If the goods are sent damaged, he is obliged to pay all costs of returning them.

7.5. The buyer shall exercise the rights arising from defective performance at the seller’s premises, where the complaint can be accepted with regard to the range of goods sold, or at the registered office or place of business. The moment of exercising the complaint is considered to be the moment when the seller received the goods complained about from the buyer.

7.6. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

8.3. The Seller shall provide extrajudicial settlement of consumer complaints via the electronic address . The Seller shall send information on the settlement of the Buyer’s complaint to the Buyer’s electronic address.

8.4. The Seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out within its scope by the relevant trade license office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. 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.

9.2. The buyer agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as “personal data”).

9.3. The buyer agrees to the processing of personal data by the seller for the purposes of exercising rights and obligations under the purchase contract and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in full pursuant to this article is not a condition that would in itself prevent the conclusion of a purchase contract.

9.4. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.

9.5. The Seller may authorize a third party, as a processor, to process the Buyer’s personal data. Apart from persons transporting the goods, personal data will not be transferred to third parties by the Seller without the Buyer’s prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer confirms that the personal data provided are accurate and that he has been informed that the provision of personal data is voluntary.

9.8. If the buyer believes that the seller or processor (Article 9.5) is processing his personal data in a way that is contrary to the protection of the buyer’s private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, he may:

9.8.1. ask the seller or processor for an explanation,
9.8.2. demand that the seller or processor eliminate the situation thus created.

9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.

10. SENDING COMMERCIAL COMMUNICATIONS AND SAVING COOKIES

10.1. The Buyer agrees to the sending of information related to the Seller’s goods, services or business to the Buyer’s electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer’s electronic address.

10.2. The Buyer agrees to the storage of so-called cookies on his computer. In the event that the purchase on the website can be made and the Seller’s obligations under the purchase contract can be fulfilled without the storage of so-called cookies on the Buyer’s computer, the Buyer may revoke the consent in accordance with the previous sentence at any time.

11. DELIVERY

11.1. Notices concerning the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by registered mail, unless otherwise stipulated in the purchase contract. Notices are delivered to the relevant contact address of the other party and are considered delivered and effective at the time of their delivery by mail, with the exception of notices of withdrawal from the contract made by the buyer, in which case the withdrawal is effective if the notice is sent by the buyer within the withdrawal period.

11.2. A notice is also considered delivered if the recipient refuses to accept it, if it is not collected within the storage period, or if it is returned as undeliverable.

11.3. The contracting parties may deliver ordinary correspondence to each other via e-mail, to the e-mail address specified in the buyer’s user account or specified by the buyer in the order, or to the address provided on the seller’s website.

Online payments are provided for us by the Comgate payment gateway. The service provider, Comgate a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. Further information and contacts at www.comgate.cz.
Information on payment methods: https://help.comgate.cz/v1/docs/cs/platby-karto

https://help.comgate.cz/docs/bankovni-prevody

CONTACT DETAILS OF THE PAYMENT GATEWAY

Comgate, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: platby-podpora@comgate.cz
Tel: +420 228 224 267

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 does not affect 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 so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the purchase contract or terms and conditions require a 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 appendix to the terms and conditions consists of a sample form for withdrawal from the purchase contract.

12.5. Seller’s contact details: Na Nábřeží 113 Havířov – Město, 73601, info@flamenell.com, +420 734 140 566.

13. Information on the processing of personal data:

The Flamenell.com website stores the data of users who register on the website or order a specific product. The website does not process data for specific marketing purposes. All data obtained by the Flamenell.com website is used to deliver the goods to the recipient.

1. You hereby grant your consent to Nely Veselé, with its registered office at Na Nábřeží 113, Havířov – Město 736 01, ID: 01063987, a natural person registered in the trade register kept by the Havířov City Office (hereinafter referred to as the “Administrator”), to process the following personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data (hereinafter referred to as the “Act on the Protection of Personal Data”):

  • name and surname
  • company name
  • e-mail
  • telephone number
  • delivery address
  • invoicing address

2. Your name, surname, company name, telephone number and e-mail must be processed for the purpose of delivering the order. These data will be processed by the Administrator for the duration of the purpose of fulfilling the contract.

3. You expressly consent to the above processing. Consent can be withdrawn at any time, for example by sending an email or letter to the contact details of Nely Veselé.

4. The processing of personal data is carried out by the Administrator, however, personal data may also be processed for the Administrator by the following processors:
Providers of processing software, services and applications, which the company does not currently use.

6. Please note that under the Personal Data Protection Act you have the right to:

  • withdraw consent at any time,
  • request information from us about what personal data we process about you,
  • request an explanation from us regarding the processing of personal data,
  • request access to this data from us and have it updated or corrected,
  • request deletion of this personal data from us,
  • in case of doubts about compliance with obligations related to the processing of personal data, contact us or the Office for Personal Data Protection.

14. Final provisions

14.1. 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 does not affect the rights of the consumer arising from generally binding legal regulations.

14.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

14.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

14.4. The appendix to the terms and conditions consists of a sample form for withdrawal from the purchase contract.

14.5. The seller’s contact details: delivery address Nela Veselá Na Nábřeží 113, Havířov – Město, 736 01 e-mail address info@flamenell.com, phone 734140566.

In Havířov on 10.5.2018

If you would like to request any changes or information about your data, please contact us via the contact form on the Contact page.