Terms and conditions
Dear www.angel-wings.cz/en visitors,
We are incredibly happy for your interest in maternity and babywearing clothing. We are glad that you are about to order goods from our e-shop. Before you do it, read these general terms and conditions (“ the Terms”), please. Here you will find information, that according to the existing legislation should be available to you before you click on the place order button.You can agree on the Terms by ticking the box on our order form on our website https://angel-wings.cz ( „website“ or „website interface“).
How are the Terms used and how are they related to the Agreement?
The Terms will be used for purchasing goods in the internet shop run on this website.
Ordering goods and the process of concluding the Agreement are described below. The Terms are a document that is an integrated part of the Purchase Agreement concluded between us (“Purchase Agreement” or “Agreement”). If arrangements in the Agreement are different from those found in the Terms, the arrangements in the Agreement apply.
In the Terms you can find a lot of information, for this reason we decided to add a list of contents for better orientation:
Contents of the Terms:
When are the terms used and how are they related to the concluded Agreement? Basic information about us Explanation of important terms, just to make things clear How to order and sign the Purchase Agreement? How much does it cost and how do I pay? How will my shopping be delivered? Withdrawal from Purchase Agreement The warranty, liability for defects, complaint policy Dealing with complaints, consumer dispute resolution Final provisions
BASIC INFORMATION ABOUT US
Angel wings clothing, s.r.o. company, IČO 03698203, based in Bechyňská 2236, 390 01 Tábor, IČO 03698203, DIČ (VAT number) CZ03698203 Registered with Regional court in Česke Budějovice under reference number 23319.
The company, warehouse and expedition, where you can collect the products in person, can be found at (it is also our correspondence address and an address for returning goods): Bechyňská 2236, 390 02 Tábor
Phone number: +420 603 391 416 Email address : firstname.lastname@example.org
We are hereinafter referred to as „the Seller“.
EXPLANATION OF IMPORTANT TERMS, JUST TO MAKE THINGS CLEAR
WHO IS THE BUYER?
The buyer is a person who purchases goods from our e-shop with the use of our website or over the phone. We assume that a typical Buyer is a consumer, but a Buyer can also be a entrepreneur (a natural person doing business – a freelancer or a legal person, for example a limited company or a joint-stock company). If you are interested in wholesale cooperation you can contact us at email@example.com for further information.
WHO IS A CONSUMER?
According to the legislative a consumer is a natural person who does not represent any company or does not act as a business person. If you are a natural person and you enter your business identification number in your order (IČO), we will consider you an entrepreneur, not a consumer.
WHAT AGREEMENT ARE WE CONCLUDING?
When you buy goods you sign a Purchase Agreement („The Agreement“). The process of concluding the Agreement is described in detail in the Terms. The Agreement is concluded in Czech, archived in an electronic form and third parties have no access to it. The Agreement is entered into by placing your order (by filling in the order form on our website or by placing a phone order verbally), confirmation of your order by us and these Terms. Arrangements found in the Agreement take precedence over the arrangements in the Terms.
WHAT IS A PURCHASE AGREEMENT?
It is an Agreement where the Buyer is a consumer. In many situations a consumer is in a more privileged position than other buyers. If a right concerns a consumer only, it is clearly written in the Terms (instead of “the Buyer” it says “the Consumer”).
WHAT IS A DISTANCE CONTRACT?
It is an Agreement, which is concluded by MEANS OF DISTANCE COMMUNICATION between a Seller and a Buyer, i.e. it is concluded without their being located in one and the same place, because it can be concluded by email, website or telephone. Costs of means of distance communication (mainly Internet broadband and phone calls) are covered by yourself as a Buyer and standard rates charged by your mobile or Internet provider apply. By placing an order you agree to use means of distance communication.
WHAT LAWS REGULATE OUR AGREEMENT?
They are the existing laws, mainly Law no. 89/2012 Coll., the Civil Code of the Czech Republic (hereinafter referred to as „CC“) and in cases when the Buyer is a consumer, it is also Law no. 634/1992 Coll., Consumer Protection.
HOW TO ORDER AND CONCLUDE A CONTRACT?
1. You can order goods online using our e-shop or by the telephone contacting us at the phone number provided in part II of the Terms.
2. PRODUCT DESCRIPTION – In the eshop (website interface) there is a list of goods which includes descriptions of product details, material, available colours and sizes, care instructions, and, if necessary, additional information concerning the product,
mainly how to use instructions. All goods presented on our website are used for information purposes. As a Seller we are not obliged to conclude a Purchase Agreement to sell those goods. The provisions of Section 1732, paragraph 2 of the Civil Code of the Czech Republic do not apply here.
3. ORDERING GOODS – To order goods online you should use an order form, you should fill in a Buyer name, last name or a company name or IČ, DIČ (VAT), information about ordered products (by adding ordered goods to a cart and choosing quantity of ordered products, type of products if there are more available), billing address and delivery address (if they are different), email, telephone number, select payment method and delivery method. If you have a discount coupon or a discount code, enter it in the discount code entry box. You can order goods 24/7, we ship goods on business days only. Please, keep in mind that our website may be temporarily unavailable due to necessary maintenance or circumstances beyond our control, such as problems with the Internet connection.
Before submitting an order you can check and change details entered into an order form and correct possible mistakes and discrepancies. Place your order by clicking on the “Place Order” button.
We will inform you about receiving your order by sending you an email, in the attachment you will find the Terms. If you place your order by telephone, the confirmation will be sent to you by e-mail at the address you give us. The confirmation is similar to the confirmation you will receive if you place your order online, the same conditions apply. The contract is concluded by delivering the confirmation of your order to your email address. After that any changes to your order (including cancelling your order) must be made on the basis of mutual agreement. A part of the e-mail confirming your order (an attachment) will be a pro forma invoice with payment instructions.
As the Seller we reserve the right to cancel the order or its part before concluding the Purchase Agreement if the product is not manufactured anymore or if it is out of stock or it will not be in stock within 10 days after placing your order. For the same reasons we are allowed to withdraw from a concluded Agreement (otherwise we would not be able to meet your demand), the withdrawal can be performed by sending a written note, that will include reasons for withdrawal to your email address and it becomes effective when delivered. If it happens that you, as a Buyer, pay for the goods we will reimburse the payment we received. We will carry out such reimbursement using the means of payment you choose, if we do not agree on any means, we will use the same means of payment as
you used for the initial transaction. The reimbursement depends on the selected payment method, but it will not take longer than 14 days from the date when the Buyer is informed about inability to deliver the goods or withdrawal from the Agreement.
In cases of doubt we can contact you in order to check the authenticity of your order and if we fail to prove the authenticity of the order we will not deal with it any more.
The goods become your property (the Buyer’s property) when you pay for them in full and receive them.
4. USER ACCOUNT – if you create an account on our website you will receive an email with access details. You promise to keep your access details confidential and not to allow third parties to use them. As a Buyer you are obliged to keep your personal details real and up to date. In the event of a serious breach of your obligations under the Purchase Agreement we have the right to block or cancel your user account after a previous notice. You can purchase goods in our eshop without registration but you will miss out on special deals.
WHAT IS THE PRICE AND HOW DO I PAY?
1. THE PRICE – Individual items on our websites are provided with their prices. Our prices include VAT because we are VAT payers. Prices apply as long as they are advertised on our website. Shipping costs are described in article VI of the Terms. The total price is shown in your order summary (which is before you click on the “place order” button).
2. Agreed purchase price is displayed for the goods at placing your order. If the advertised price is obviously incorrect (mainly typing mistakes, mistakes in entering prices) or when similar mistakes occur when concluding the Purchase Agreement, we are not obliged to deliver goods to you for the incorrect price, neither in case when your order is confirmed automatically. Even in case you pay for the goods with incorrect price, we have the right to withdraw from the Agreement. If the purchase price is changed in the meantime between placing the order and its confirmation, the price advertised at the time of your purchase applies, unless agreed otherwise. Unless stated otherwise, we are obliged to ship goods to you after their total price is paid. The goods remain our property until paid for in full.
3. PAYMENT METHODS – You can choose between the following payment methods:
– Bank transfers to our bank account no. 2000747963/2010. Payment details will be sent to you in an email confirming your order.
– Cash, when collecting goods in our warehouse.
– Cash cards or credit cards or quick online transfers. Payment methods are secured by a payment gateway GOPAY s.r.o., which provides us with a secured technology for receiving cash card and bank transfer payments online. Cash card numbers, credit card numbers and passwords to online banking are secured by GOPAY s.r.o. The above mentioned company does not share the details with us and we do not have access to them.
– Any other payment methods will be listed on the web interface or may be explicitly agreed by us. All payments shall be in EUR or CZK.
5. PAYMENT DUE DATE: In case of bank transfer the invoice should be paid within 7 days from the confirmation of the order. The due date is defined in the pro forma invoice. The payment is completed when the price is paid and the amount is credited to our bank account.
In case of a bank transfer we will issue an invoice when the amount is credited to our account and will send you an email confirming your payment. After the goods are delivered we will send you an invoice that also serves as a delivery note.
In case of cash on collection from the warehouse or cash on delivery the price should be paid before receiving the goods. You will be given an invoice that also serves as a delivery note.
The provisions of Section 2119, paragraph 1 of the Civil Code of the Czech Republic do not apply here.
Products cannot be paid for by instalments
HOW WILL MY SHOPPING BE DELIVERED?
1. SHIPPING METHODS– Goods can shipped to the address provided, you can select the carrier, or you can collect the goods at the address given in article II of the Terms. You can choose shipping methods on our website. Our duty to deliver the goods is completed when we hand over the goods to the carrier selected by you. If you decide not to accept goods and you do not state the reason, our duty to deliver goods must not be considered as neglected, it is not to be considered a withdrawal from your side either.
2. We ship insured parcels with Geis or if possible we ship to collection points. We will inform you about handing over your parcel to a carrier by email.
3. DELIVERY TIME– Delivery time depends on a selected shipment method, payment method and availability of goods. Goods that are in stock will be ready for shipment
(handed over to a shipping company) within one week from accepting your payment (or COD or personal pick up within one week of accepting the order), we do our best to ship the goods within 5 business days.
4. SHIPPING COSTS – The price for shipping depends on the shipping method selected by you and the selected shipping company. On our website there is a link for exact prices and possible delivery methods for particular shipping companies.The shipping cost is also displayed during the ordering process and you can also see it in the order summary. We reserve the right to modify in more detail the Delivery conditions in a separate document.
5. PACKING COST – Packing cost is included in the purchase price.
6. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a manner other than what was specified in the order, the buyer shall be obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different delivery method, unless stated otherwise
7. Upon takeover of the goods from the carrier, the buyer shall be obliged to check that the packaging of the goods has not been breached and in the event of any defects, to immediately inform the carrier of such a fact and contact us (more details in the section about complaints). Not accepting a delivery with damaged packaging is not considered as an unjustified refusal of taking over the goods. On the contrary, by signing the delivery sheet or confirmation of the takeover of the goods, the buyer confirms that the packages containing the goods were not breached and the complaint cannot be accepted.
RIGHT OF WITHDRAWAL
1. 1. You, as a consumer, have the right to withdraw from the Purchase Agreement within 14 days from the day you receive the goods. If more types of goods or a delivery of several parts are are a subject of the Agreement, the 14-day period starts running on the day the last shipment is received. If a regular and repeated delivery of goods is a subject of the Agreement the 14-day period starts on the day the last delivery is received. You can submit the declaration of withdrawal within the 14-day period by e-mail at firstname.lastname@example.org or by post to our address that you can find in article II, paragraph 1 of the Terms, or deliver it to our company in person. You can also withdraw from the Agreement by filling in a withdrawal form. In case you want to use the form we will confirm its receipt without any delay. You do not need to give any reasons for your withdrawal.
2. Please, bear in mind, that even the Consumer cannot exercise his right of withdrawal for contracts:
o for the supply of goods manufactured to the buyer’s specifications or clearly personalised,
o where goods cannot be returned for health or hygienic reasons (when goods were packed into sealed packaging and it was opened).
3. If you, as a Consumer, decide to withdraw from the Agreement you must then return the goods you received within 14 calendar days from the withdrawal communication to the seller. When sending a parcel do not choose COD. These goods must be returned undamaged and unused, they must be complete and any gifts that were sent along with the goods must be returned as well, in original packaging if possible. We recommend you to insure the goods.
Send the goods along with a copy of a document confirming your payment, an invoice, a delivery note or another document that would prove that the goods were purchased at our shop within 14 days of withdrawal from the Agreement. It will significantly speed the whole process. Not producing these documents does not make it impossible to deal with your withdrawal. If you have not chosen which means of payment we shall use to send a refund to you in your communication with us (e.g. in a form), please let us know how we shall refund the amount, unless you want us to carry out such reimbursement using the same means of payment as you used for the initial transaction.
4. If you withdraw from this Agreement, we shall reimburse to you all payments received from you, as described in paragraph 1., including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods. We will carry out such reimbursement using the same means of payment as you used for the initial transaction (e.g. bank transfer), unless agreed otherwise without extra costs for you.
5. The buyer acknowledges that if goods returned by the buyer are damaged, depreciated or partially consumed, an entitlement shall be established for the seller toward the buyer for compensation of costs incurred to the seller therefrom. The seller shall be entitled to unilaterally offset the entitlement to compensation for incurred damages against the entitlement of the buyer to the return of the purchase price (including the shipping cost).
6. In case the buyer will not pay for the ordered goods by the due date, the Agreement will be cancelled the day following the due date. We reserve the right to withdraw from the Agreement if we are not able to deliver the goods (they are not manufactured anymore, they cannot be imported or obtained from the supplier within a
normal delivery time – see article III, paragraph 3 of the Terms). In such case the withdrawal becomes effective when delivered to your e-mail address or your delivery address. If, before withdrawing from the contract, we received your payment, we will reimburse it within one week from the withdrawal, unless agreed otherwise.
7. The Buyer has the right to withdraw from the Agreement in cases defined by the law, The Purchase Agreement, these Terms for reasons stated in the law, the Agreement and the Terms.
8. If a gift is provided alongside the goods to the buyer, a gift agreement between the seller and the buyer shall be concluded with a condition subsequent that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift shall no longer be effective and the buyer shall be obliged to return the gift along with the goods to the seller (within 14 days from the withdrawal).
THE WARRANTY, LIABILITY FOR DEFECTS AND COMPLAINT POLICY
1. The rights and obligations of the Contracting Parties from defective fulfilment are governed by the relevant generally binding legal regulations (in particular the provisions of Section 1914 to 1925, Section 2099 to 2112 and Section 2165 to 2174 Civil Code).
2. The warranty rights are governed by the provisions of Section 2113 to 2117 and Section 2161 to 2164 of Civil Code.
3. As the seller we are liable to the buyer for a defect-free condition of our goods upon takeover. In case there is a defect within six months from takeover, the thing is presumed to have already been defective upon takeover. We guarantee that no defects will occur within 24 months from receiving the goods (warranty period), unless stated otherwise. In the case of a thing subject to rapid decay, indication is made of the period for which the thing may be used, where applicable (the provisions on quality guarantee apply). Minor differences between colours of our products presented on our website and actual products are not to be considered defects. Presenting colours on screens depends on many parameters and depend on the devices buyers use to access our e-shop.
4. If there is a defect that cannot be removed or the defect occurs repeatedly after a repair or due to a larger number of defects you are entitled to entitled to have a new thing supplied or to withdraw from the Agreement. Where a defect of an unused thing is removable you can have the thing repaired or you may require a price reduction, or require the supply of a new thing without defects, unless it is disproportionate to the nature of the defect. If you fail to withdraw from the Agreement or assert your right to have a new defect-free thing supplied, its component part replaced or the thing repaired,you may require a reasonable price reduction. You also have the right to a reasonable price reduction where we cannot supply to you a new defect-free thing,
replace a component part of the thing or repair it, as well as where we fail to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to you.
5. The right from defective fulfilment shall not pertain to the buyer if the buyer knew before taking over the goods that the goods were defective or that the Buyer caused the defect to the goods by inappropriate use, not following the instructions, inappropriate maintenance or inappropriate storing or preservation. For items sold at a lower price, we are not responsible for the defect for which the discount was provided.
6. Complaints are dealt with without delay after finding defects. You can inform us about your complaint by the phone or by e-mail at the contacts listed in article II of the Terms. The product you want to complain about can be delivered in person, by post or similar by means to our address disclosed in article II of the Terms.We will be glad if you provide is with an invoice or a different proof of purchase. Please, enclose a description of the defect and a suggestion what you want to be done to resolve it. We will deal with the complaint as soon as possible, within 30 days the latest, unless agreed otherwise. We will send you a written confirmation concerning your complaint. Complaint letter (download here).
7. If your shipment is delivered by a carrier we kindly ask you to check the delivery in the presence of the carrier, and in case a damage to your delivery is found, make a complaint directly to the carrier. The carrier will write a report about the defect and the parcel will be returned to the sender. The Buyer can refuse to overtake a delivery which does not comply with the Agreement, i.e. it is not complete or it is damaged. If the Buyer overtakes the damaged delivery, it is necessary to describe the damage in a handover report of the carrier. Please, report an incomplete or damaged delivery as soon as possible at our e-mail address: email@example.com It is necessary to write a damage report with the carrier and send it to us by e-mail or post it. Additional complaint about incomplete delivery or damage of the contents gives the seller a chance to prove that it is not a clash concerning the Purchase Agreement.
DEALING WITH COMPLAINTS, CONSUMER DISPUTE RESOLUTION
1. If you you would like to make a complaint about our Purchase Agreement or our business activity, please, contact us at the address provided in article II of the Terms or at our email: firstname.lastname@example.org
2. We do business on the basis of a trade license, the supervisory body is The Trade Licensing Office. The Czech Trade Inspection monitors and executes consumer protection laws . You can also contact these authorities in order to resolve disputes.
3. In the event that a consumer dispute occurs between the seller and the consumer, the consumer may submit a proposal for resolving such a dispute out of court. According to Act No. 634/1992 Coll., on consumer protection, The Czech Trade Inspection is the relevant authority for resolving out of court consumer disputes over the purchase agreement. All information on resolving out of court disputes can be found on The Czech Trade Inspection website: www.coi.cz The consumer may also use the online platform resolving disputes, which is established by the European Commission at address http://ec.europa.eu/consumers/odr/.
1. Purchase Agreement is concluded for a fixed date, until the Seller’s and the Buyer’s obligations defined in the contract are fulfilled.
2. GDPR is defined in an independent document that can be found here.
3. The seller reserves the right to change the terms at any time. In this case, the applicable conditions will be those in force on the date the order is placed by the Buyer. You will receive this text in PDF in an email confirming your order.
4. These Terms enter into force on ………………………..