Terms and conditions

Of the commercial company: Mont Bleu s.r.o., registered in the company register of the Municipal Court in Prague, section C, entry 115889
With the registered address:    253/17 Rostislavova  Street, 140 00 Prague 4 – Nusle
Identification number:    25458850

Of the goods selling in the online shop at the address:
 http://montbleustore.com

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as Terms) of the commercial company Mont Bleu s.r.o. with the registered address at 253/17 Rostislavova Street, Prague, identification number 25458850, registered in the company register of the Municipal Court in Prague, section C, entry 115889 (hereinafter referred to as seller) according to the provisions of §1751 point 1 of the Act number 89/2012 Coll., The Civil Code (hereinafter referred to as the Civil code) provide the mutual rights and obligations of the contracting parties, arising in the connection or based on the purchase contract (hereinafter referred to as the Purchase contract) concluded between the purchaser and another natural person (hereinafter referred to as the Buyer) at the Purchaser´s e-shop. The Purchaser operates the e-shop on the web site placed at the address http://montbleustore.com (hereinafter referred to as web site), namely through the e-shop interface.

1.2. The terms not apply for the cases, if the person, interested in the goods purchased, is a legal person or persons, who within the ordering of goods, acts within their business activity or within his independent trade performance.

1.3. The different provisions may be concluded in the purchase contract.  The different provisions stated in the purchase contract use a prior before the provisions of the Terms.

1.4. The provisions of the Terms are an integral part of the purchase contract. The Purchase contract and the terms are in Czech. The purchase contract concludes in Czech.

1.5. The Purchaser may change and amend the Terms. This provision is not contrary to the rights and obligations arising within the period of the validity of previous version of the Terms.

2. USER ACCOUNT

2.1. After the registration on the web site, the Buyer may to login into their user account. The Buyer can order the goods from this user account (hereinafter referred to as User account). The Buyer may order the goods directly from the web interface of the e-shop.

2.2. The Buyer is obliged to indicate on the web site that their order data is true and correct. The Buyer is obliged to update the data stated in the user account after it every changing. The Purchaser deems that the Buyer´s data listed in the user account and the data stated in order indicated correctly. Also, the data indicated as necessary data for the order delivery without the user registration.

2.3. The access into the user account protected by the user name and the password. The Buyer is obliged to maintain the confidentiality of the necessary information for login into his user account.

2.4. The Buyers is not entitled to enable using of the user account for the third person.

2.5 The Purchaser may cancel the user account, especially, if the Buyer does not use his user account for more than 365 days or, if the Buyer violates his obligation arising from the purchase contract (included the terms and conditions).

2.6. The Buyer takes into account that the access into his user account shall not be ceaseless, especially according to the necessary maintenance of the Purchaser´s hardware and software facility or the necessary maintenance of the hardware and software facility in the third person ownership.

3. THE CONCLUSUON OF THE PURCHASE CONTRACT

3.1. All good presentation placed on the e-shop web site is only informative and the Purchaser is not obliged to conclude the purchase contract of these goods. The provisions of §1732 point 2 of the Civil code not apply.

3.2. The e-shop web site shows the goods information, included the price of the of the goods articles and the costs of the goods return, if these goods cannot be returned via the standard mailing method. The prices of the goods are stated included the value added tax and all connected payments.  The prices are valid within the period, when they show on the e-shop web site.  This provision does not restrict the Purchaser´s right to conclude the purchase contract on the individual terms and conditions.

3.3. The e-shop web site shows the information about the costs of the goods packing and delivery. The information about the costs of the goods packing and delivery shown on the e-shop web site applies only for the goods delivery in the Czech Republic.

3.4. The Buyer ordering the goods fills their virtual shopping basket on the e-shop web site. The virtual shopping basket shows the information about their order.

3.4.1. Method of the payment for goods purchased and information about the required delivery method of the ordered goods is depended on the Buyer.

3.4.2. Information about the costs connected with the goods delivery (hereinafter together referred to as order).

3.5. The Buyer can control and change the stated data before the sending their order, also can find and correct the mistakes arising within the data listing into the order. The Buyer sends the order to the Purchaser clicking on the button “Buy now”. The Purchaser deems that the data listed in the order is correct. Immediately after the receiving of the order, the Purchaser confirms the receiving to the Buyer via electronic mail, namely to the e-mail address of the Buyer stated in the user account or in order (hereinafter referred to as the Buyer´s e-mail address).

3.6. According to the order nature (ordered quantity, amount of the purchase price, estimated costs of the delivery) the Purchaser is always entitled to request the Buyer of the additional order confirmation (for example, in writing or by phone).

3.7. The contracting relationship between the Purchaser and the Buyer establishes after the receiving of the order confirmation by the Purchaser (we accept) to send the Buyer via e-mail to the Buyer´s e-mail address.

3.8. The Buyer agrees to use their remote communication methods within the concluding of the purchase contract. The Buyer´s costs of using the remote communication methods required to the conclusion of the purchase contract (costs of the internet connection, costs of the phone calls) paid by the Buyer.

4. PRICE OF GOODS AND THE PAYMENT TERMS

4.1. The Buyer pays the price of the goods and other costs connected with the goods delivery according to the purchase contract to the Purchaser through the methods as follows:

In cash on delivery in place, which the Buyer states in their order,

Cashless transfer into the Purchaser´s account number 7397761001/5500 in the company name Mont Bleu @ Raiffeisenbank a.s. (hereinafter referred to as the Purchaser´s account) always before the receiving or sending of the goods,

Cashless via the PayPal.

Cashless via the payment card.

4.2. The Buyer is obliged to pay the costs connected with the packing and delivery of goods in the agreed amount together with the purchase price to the Purchaser. Hereinafter the purchase price is also includes the costs of the goods delivery, unless specified otherwise.

4.3. The Purchaser did not require advance payment or another similar payment by the Buyer. This provision does not apply to the provisions of the article 4.6. Of the Terms and conditions connected with the obligation to pay the purchase price at advance.

4.4. In case of payment in cash or cash on delivery (COD) the purchase price is payable in the moment of the receiving of the goods. In case of cashless payment, the purchase price is payable within 5 days from the date of the conclusion of the purchase agreement.

4.5. In case of the cashless payment, the Buyer is obliged to pay the purchase price of the goods and to state the variable symbol of the payment. In case of the cashless payment, the Buyer´s obligation to pay the purchase price fulfilled in the moment of the receiving the relevant amount into the Purchaser´s account.

4.6. The Purchaser is entitled to request the total purchase price before the sending of the goods to the Buyer. The provisions of §2119 point 1 of the Civil code do not apply.

4.7. The discounts from the price of the goods provided by the Purchaser to the Buyer cannot combine.

4.8. If it is usual in the commercial relationships or it required by the common binding legislation, the Purchaser issues the tax document – invoice to the Buyer according to the payments provided under the purchase agreement. The Purchaser registered as payer of the value added tax. The Purchaser issued the tax document – invoice to the Buyer after the payment of the purchase price of the goods and sends it in digital version to the Buyer´s e-mail address.

5. THE PURCHASE CONTRACT WITHDRAWAL

5.1. The Buyer takes into account that according to the provisions of §1837 of the Civil code, it is impossible to withdraw from the purchase contract of the  delivery of goods, changed under the requirements of the Buyer or for Buyer´s person, from the purchase contract of the delivery of  goods with the risk of the quick spoilage or the goods, which after the delivery irretrievably mixed with another goods, from the purchase contract of the goods delivery in closed package, if the customer remove it and of the hygienic reasons it is impossible to return it, and also from the purchase contract of the delivery of audio or video recordings or the computer program, if the original package was  disrupted.

5.2. Excluded the case stated in article 5.1. Or another case, when the withdrawal of the purchase contract is impossible, the Buyer is entitled according to the provisions of §1829 point 1 of the Civil code to withdraw the purchase contract, namely within fourteen (14) days from the goods receiving. If the subject of the purchase contract includes more goods articles or the delivery of more parts, this period starts from the date of the takeover of the last goods delivery. The withdrawal of the purchase contract sends to the Purchaser in the period stated in the previous sentence. The Buyer can send the withdrawal of the purchase contract also to the address of the Purchaser´s business premises or to their email address info@montbleustore.com .

5.3. In case of withdrawal of the purchase contract according to the provisions of the article 5.2. Of the Terms and conditions, the purchase contract cancelled from its beginning. The goods return to the Purchaser within fourteen (14) days from the withdrawal of the purchase contract. If the Buyer withdraws the purchase contract, they pay the costs connected with the return of the goods to the Purchaser, also in case, if the goods nature excludes its returning via the standard mailing method.

5.4. In case of purchase contract withdrawal according to the provisions of the article 5.2. of the Terms and Conditions, the Purchaser returns the money received from the Buyer within fourteen (14) days from the Buyer´s withdrawal of the purchase contract via the same method of the money receiving from the Buyer. Also, the Purchaser is entitled to return the received payment provided by the Buyer ever in the moment of the goods return by the Buyer or another way, if there are not any additional costs for the Buyer and they agree with it.  If the Buyer, withdrawn the purchase contract, the Purchaser did not oblige to return  the  received money before the Buyer returns the goods or before the Buyer ascertains that they can send the goods back to the Purchaser.

5.5. The Purchaser is entitled unilaterally to set the payment of the claim of damage of goods against the Buyer´s claim of the return the purchase price, and the Buyer explicitly agrees with it.

5.6. The Purchaser is entitled to withdraw the purchase contract in any time before the receiving the goods by the Buyer. In this case the Purchaser returns the purchase price to the Buyer immediately via cashless transfer to the account defined by the Buyer.

5.7. If the Buyer received together with goods also gift, the gift contract between the purchaser and the buyer concluded on the terms of opt out, and in case of The Buyer´s withdrawal of the purchase contract, the gift contract of this gift cancels also, and the Buyer is obliged to return gift together with goods to the Purchaser.

6. TRANSPORTATION AND GOODS DELIVERY

6.1.If the transport method agreed according to the special request of the Buyer, The Buyer  pays the risk and the costs connected with the selected transport method.

6.2. If the Purchaser is obliged according to the purchase contract to deliver the goods to the place, which the Buyer determined, the Buyer is obliged to receive the delivered goods.

6.3. If by the reasons on the side of the Buyer, the goods delivery must be repeated or provided via another that ordered method, the Buyer is obliged to pay costs connected with the repeated goods delivery or the costs connected with the another delivery method.

6.4. The Buyer is obliged to control if the goods package is undamaged in the moment of goods receiving from the carrier, and in case of some defects immediately informs the carrier. In case of damaged of the package, which shows the unentitled disruption of the package, the Buyer is not obliged to receive the delivered good.

6.5. The special delivery terms issued by the Purchaser can regulate another rights and obligations within the goods transportation.

7. RIGHTS CONNECTED WITH THE  FAULTY FULFILMENT

7.1. The rights and the obligations of the contracting parties connected with the faulty fulfilment regulate by the relevant common binding legislation, especially by the provisions  of §1914-1925, § 2099-2117, §2161-2174 of the Civil code.

7.2. The Purchaser guarantees to the Buyer that the goods are faultless in the moment of its receiving. Especially the Purchaser guarantees to the Buyer that when he received the goods:

7.2.1. goods qualities corresponds with the agreement of the parties, or if there is not any agreement, goods qualities corresponds  with the qualities stated in the producer´s or Purchaser´s description or with the qualities, which the Buyer expects  according to the goods nature and according to the advertising, provided by them.

7.2.2. the goods are usable for the purpose, which the Purchaser states or for the common purpose of the using the this kind of the goods.
7.2.3. the goods quality or its performance corresponds with the agreed sample or model, if the quality or performance determined under the agreed sample or model.

7.2.4. the quantity, measure or weight of the goods corresponds with the agreement,

7.2.5. the goods meet the requirements of the legislation.

7.3. The provisions stated in article 7.2. of the Terms and conditions did not apply to the goods purchased for the lower price because of its defect, which is the reason of the price discount, to the wear and tear through its common using, for the used goods to the defect corresponds with rate of using or wearing, which was in the moment of its receive by the Buyer, or it arising from the goods nature.

7.4. If the defects arise within six months from the receiving, it deems that the goods was faulty in the moment of its receiving. The Buyer is entitled to make a claim of the faulty consumer goods within the period of twenty-four months from the receiving.

7.5. The Buyer make a claim to the Purchaser at the address of Purchaser´s business premises, if the receiving of claims is possible according to the offer of the purchased goods, or in the registered address or at the business place. The date of the making a claim is the date, when the purchaser receive the claim of the goods from the Buyer.

7.6. Another rights and obligations connected with the Purchaser´s responsibility of the faults may be regulate in the Purchaser´s claim conditions.

8. ANOTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The goods come into the Buyer´s possession after the payment of its total purchase price.

8.2. The Purchaser is not restricted to the Buyer by any codes of treatments stated in the provisions of §1826 point 1 letter e) of the Civil Code.

8.3. The Purchaser provides the extrajudicial customer claim arrangement on the email address info@montbleustore.com. The Purchaser sends the information about the Buyer´s claim arrangement to the Buyer´s email address.

8.4. The Purchaser is entitled to purchase the goods according his business permission. The relevant Business agency provides the business control in the scope of its authority.  The Office of the Personal data Protection provides the supervision in the area of the personal data protection. The Czech trade inspection provides also the supervision in the limited scope of the observance of the act number 634/1992 Coll., on the customer protection as amended.

8.5. The Buyer by this provisions agrees with the risk of the changing of the circumstances according to the provisions of §1765 point 2 of the Civil code.

9. THE PERSONAL DATA PROTECTION

9.1. The protection of the Buyer´s personal data if the Buyer is a natural person, is regulated by the act number 101/2000 Coll., on the personal data protection as amended.

9.2. The Buyer agrees with the processing of his following personal data: name and surname, residence address, identification number, tax identification number, e-mail address, phone number (hereinafter all mentioned referred to as the personal data).

9.3. The Buyer agrees with the processing of the personal data by the Purchaser for the purpose of the fulfilment the rights and obligations arising from the purchase contract and for the purpose of the maintenance of the user account. The buyer agrees with the personal data processing by the buyer also for the purpose of sending the information or commercial notifications to the Buyer, unless the Buyer selects otherwise. The consent with the personal data processing in the full scope of this article is not a requirement restricted the conclusion of the purchase contract.

9.4. The Buyer takes into account that they are obliged to state their personal data (at the registration, in his user account, in order from the e-shop web site) true and correctly and he is obliged to inform the Purchaser immediately about the changes of that personal data.

9.5. The purchaser can authorize the third person to be a processor of the processing of the personal data. The purchaser will not provide the Buyer´s personal data to the third person, excluded the person, who delivered the goods, without the previous consent of the Buyer.

9.6. The personal data processing is for an indefinite period. The processing of the personal data is digital automatic or non-automatic in printed form.

9.7. The Buyer confirms that the provided personal data are correctly stated and they know that the personal data providing is consensual.

9.8. If the Buyer deems that the Purchaser or the processor (art. 9.5.) processes their personal data contrary the principles of protection of the Buyer´s personal and private life or contrary the law, namely if the personal data are incorrect according to the purpose of its processing, the Buyer may:

9.8.1. request the Purchaser or the processor to explain it,

9.8.2. request the Purchaser or the processor to remove the incorrect state.

9.9.  The Purchaser is obliged to provide the requested information of the personal data processing to the buyer. The Purchaser in entitled to request the adequate payment for the providing of information according to the previous sentence, but not more that the necessary costs of the information providing.

10. SENDING OF THE COMMERCIAL INFORMATION AND COOKIES SAVE

10.1.The Buyer agrees with the sending of information connected to the goods, services or the Purchaser´s business to the Buyer´s email address and also agrees with the sending of the commercial information of the Purchaser to the Buyer´s e-mail address.

10.2. The Buyer agrees with the save of the cookies on his computer.



11. RECEIVING

11.1. The Buyer may receive on their e-mail address.

12. THE FINAL PROVISIONS

12.1. The parties agree that if the relationship according to the purchase agreement is with the international (foreign) part, the relationship regulated by the Czech legislation. These provisions not affect to the customer rights arising from the common binding legislation.

12.2. If some provision of the terms and conditions is invalid or ineffective, or will be in future, that provision will replaced by the provision, which import is maximum nearer to the invalid provision. The invalidity or inefficiency of this provision will not affect to the validity of the other provisions.

12.3. The Purchaser saves the purchase contract included the Terms and conditions in digital version, which is not accessible.

12.4. The Purchaser´s contact details: correspondence address: Mont Bleu s.r.o., 253/17 Rostislavova Street, 140 00 Prague 4 – Nusle, e-mail address: info@montbleustore.com , phone: +420 241 405 918.


Prague, 1.12.2014