Regulations of the online store AROMAFLAV
specifying, among others rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer
CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Model withdrawal form
§ 1 DEFINITIONS
Working days - days from Monday to Friday, except for public holidays in the Czech Republic.
Consumer - a consumer within the meaning of the provisions of the Civil Code.
Account - a free function of the Store regulated by separate regulations (service provided electronically), thanks to which each entity using the Store can set up an individual account in the Store.
Buyer - any entity buying in the Store.
Privileged Buyer – a Buyer who is a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur - a natural person concluding a contract with the Seller directly related to its business activity, but not of a professional nature for it.
Regulations - these regulations.
Store - AROMAFLAV online store run by the Seller at https://aromaflav.com.
Seller - AROMAFLAV s.r.o. with its registered office at Na Prádle 3389/8a, Moravská Ostrava, 702 00 Ostrava Czech Republic IČO 17902118
§ 2 CONTACT WITH THE SELLER
1. Postal address: Na Prádle 3389/8a, Moravská Ostrava, 702 00 Ostrava Czech Republic
2. Email address: shop@aromaflav.com
3. Phone: +48 535559793, +420 776501686
4. Address for returning the goods (in case of withdrawal from the contract): AROMAFLAV Na Náhonu č.p. 1115/15, Ostrava - Privoz 702 00
5. Address for sending the claimed goods: AROMAFLAV Na Náhonu č.p. 1115/15, Ostrava - Privoz 702 00
§ 3 TECHNICAL REQUIREMENTS
1. For the proper functioning of the Store, you need:
· a device with Internet access
· a web browser that supports JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements set out in para. 1, an active email account is required.
§ 4 SHOPPING IN STORE
1. Product prices visible in the Store are the total prices for the product.
2. The Seller points out that the total price of the order includes the price for the product indicated in the Store and, if applicable, the cost of delivery of the goods.
3. The product selected for purchase should be added to the basket in the Store.
4. Next, the Buyer selects the method of delivery of the goods and the method of payment for the order from the options available in the Store, and also provides the data necessary to complete the order.
5. The order is placed at the moment of confirmation of its content and acceptance of the Regulations by the Buyer.
6. Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
7. The Buyer may register in the Store, i.e. set up an Account in it, or make purchases without registration by providing their data with each possible order.
§ 5 PAYMENTS
1. You can pay for the placed order, depending on the Buyer's choice:
a. by ordinary transfer to the Seller's bank account;
b. via the payment platform:
· PayU;
2. If you choose to pay via the PayU payment platform, the entity providing online payment services is PayU.
3. If the Buyer selects payment in advance, the order must be paid within 3 Business Days from placing the order.
4. The Seller informs that in the case of payment methods in which the field for entering the data necessary to complete the payment appears immediately after placing the order, payment for the order is possible only immediately after placing the order.
§ 6 EXECUTION OF THE CONTRACT
1. The deadline for completing the order is indicated in the Store and is no longer than 7 working days.
2. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to the order after paying for it.
3. In a situation where, under one order, the Buyer purchased products with different delivery dates, the order will be completed within the time limit appropriate for the product with the longest delivery date.
4. The goods are delivered only within the territory of the European Union.
5. Products purchased in the Store are delivered via a courier company;
§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline to withdraw from the contract expires after 14 days from the day:
a. in which the Preferred Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Preferred Buyer came into possession of the goods;
b. in which the Preferred Buyer came into possession of the last good, lot or part, or in which a third party other than the carrier and indicated by the Preferred Buyer came into possession of the last good, lot or part, in the case of a contract requiring the transfer of ownership of multiple goods that are delivered separately, in batches or in parts.
3. In order for the Preferred Buyer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
4. A privileged buyer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
5. In order to meet the withdrawal deadline, it is enough for the Preferred Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT
6. In the event of withdrawal from the concluded contract, the Seller returns to the Preferred Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the decision of the Preferred Buyer to exercise the right to withdraw from the contract.
7. The Seller shall refund the payment using the same payment methods that were used by the Preferred Buyer in the original transaction, unless the Preferred Buyer agrees to a different solution, in each case the Preferred Buyer will not incur any fees in connection with this return.
8. If the Seller has not offered to collect the goods from the Preferred Buyer himself, he may withhold the reimbursement until receipt of the goods or until he is provided with proof of its return, depending on which event occurs first.
9. The Seller requests that the goods be returned to the following address: AROMAFLAV Na Náhonu č.p. 1115/15, Ostrava - Přívoz 702 00 immediately, and in any case not later than 14 days from the date on which the Preferred Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the preferred buyer sends back the goods before the expiry of the 14-day period.
10. The preferred buyer bears the direct costs of returning the goods.
11. The preferred buyer is only liable for a decrease in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot be returned in the usual way by post, the Preferred Buyer will also have to bear the direct costs of returning the goods. The Preferred Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
1. The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to a contract:
a. in which the subject of the service is non-prefabricated goods, manufactured according to the specification of the Preferred Buyer or serving to satisfy his individual needs;
b. in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
c. in which the subject of the service is goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
d. in which the subject of the service are goods which, due to their nature, are inseparably connected with other items after delivery;
e. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
f. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
g. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract.
§ 9 COMPLAINTS
I GENERAL PROVISIONS
1. The Seller shall be liable to the Preferred Buyer for the compliance of the service with the contract, provided for by generally applicable laws, including in particular the provisions of the Act on Consumer Rights.
2. The Seller asks for submitting complaints to the postal or electronic address indicated in § 2 of the Regulations.
3. If a warranty has been granted for the product, information about it, as well as its terms, is available in the Store.
4. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
5. The seller will respond to the complaint within 14 days of its receipt.
II PRIVILEGED BUYERS
A. Goods
1. In the event of non-compliance of the goods with the contract, the Preferred Buyer has the option of exercising the rights set out in the Act on Consumer Rights.
2. The Seller shall be liable for the lack of conformity of the goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the goods specified by the Seller, his legal predecessors or persons acting on their behalf is longer.
3. Pursuant to the provisions of the Act on Consumer Rights, the Preferred Buyer may in any case demand:
a. exchange of goods,
b. repair of goods.
4. Additionally, the Preferred Buyer may make a statement about:
a. lowering the price,
b. withdrawal from the contract
in a situation where:
· The seller refused to bring the goods into compliance with the contract;
· the seller did not bring the goods into compliance with the contract;
· the lack of conformity of the goods with the contract continues, despite the fact that the Seller has tried to bring the goods into conformity with the contract;
· the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of protection measures;
· it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Preferred Buyer.
5. In the case of goods subject to repair or replacement, the Preferred Buyer should make the goods available to the Seller. The Seller collects the goods from the Preferred Buyer at its own expense.
6. A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
7. In the event of withdrawal from the contract referred to in this section (concerning goods), the Preferred Buyer immediately returns the goods to the Seller at his expense, to the address AROMAFLAV Na Náhonu č.p. 1115/15, Ostrava - Přívoz 702 00. The Seller returns the price to the Preferred Buyer immediately, not later than within 14 days from the date of receipt of the goods or proof of their return.
8. The Seller shall return to the Privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's statement on the price reduction.
B. Out-of-court methods of dealing with complaints and pursuing claims
1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others: With:
a. mediation conducted by the Trade Inspection Inspectorate, which should be addressed with a request for mediation.
b. assistance of the locally competent permanent consumer arbitration court operating at the Trade Inspection Inspectorate, to which the application for consideration of the case before the arbitration court should be submitted.
c. assistance of the Consumer Ombudsman;
d. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
III BUYERS OTHER THAN PRIVILEGED BUYERS
1. For the avoidance of doubt, the Seller points out that the Seller's liability towards the Buyer other than the Preferred Buyer, related to the complaint, shall be governed by the provisions of local law.
§ 10 PERSONAL DATA
1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is:
contract or actions taken at the request of the Buyer, aimed at its conclusion,
the Seller's legal obligation related to accounting and
the Seller's legitimate interest in processing data in order to establish, pursue or defend any claims.
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in the Store.
4. The Buyer's data provided in connection with purchases in the Store will be processed until:
a. the contract concluded between the Buyer and the Seller ceases to apply;
b. the Seller will no longer be subject to the legal obligation obliging him to process the Buyer's data;
c. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;
d. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
– depending on what is applicable in a given case and what is the latest.
5. The buyer has the right to demand:
a. access to your personal data,
b. their rectification,
c. removal,
d. processing restrictions,
e. transferring data to another administrator
and also the law:
f. to object at any time to the processing of data for reasons related to the special situation of the Buyer - to the processing of personal data concerning him.
6. In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
7. If the Buyer considers that his data is processed unlawfully, the Buyer may file a complaint with the Office for Personal Data Protection.
§ 11 DISCLAIMER
1. It is forbidden for the Buyer to provide illegal content.
2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Regulations. The contract is concluded for the time and for the purpose of order fulfillment.
3. Agreements concluded on the basis of the Regulations are concluded in English.
4. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.
5. Any liability of the Seller towards the Buyer who is not a privileged Buyer, within the limits permitted by law, is excluded.
Appendix No. 1 to the Regulations
Below is a model withdrawal form, which the Consumer or Privileged Entrepreneur may, but does not have to, use:
TEMPLATE WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
AROMAFLAV s.r.o.
Na Prádle 3389/8a, Moravská Ostrava, 702 00 Ostrava Czech Republic
adres e-mail: shop@aromaflav.com
- I/We(*) ..................................................................... hereby give notice of my/our withdrawal from the contract for the sale of the following goods (*) / for the provision of the following service (*):
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- Date of conclusion of the contract(*)/receipt(*)
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- Name and surname of the Consumer(s) / Preferred Entrepreneur(s):
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- Address of the Consumer(s) / Preferred Entrepreneur(s):
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Signature of the Consumer(s) / Preferred Entrepreneur(s)
(only if the form is sent on paper)
Date ............................................
(*) Delete as appropriate.