REGULAMIN

Nasze warunki handlowe przygotowaliśmy dla Ciebie w języku angielskim, w przypadku wątpliwości prosimy o kontakt z nami za pośrednictwem adresu e-mail: info@labelmania.cz

A. Introductory enactment

• For the purpose of these General terms and conditions the seller is LabelMania s.r.o. with registered seat at Na Větrníku 1603/39, Břevnov, 162 00 Praha 6, The Czech Republic; IČ: 05310946, DIČ: CZ05310946, which is registered with the business registry at Městský soud v Praze, section C, insert 261693 and the e-shop labelmania.cz run by the company above. If it´s not mentioned otherwise, underlined text means an inormation about an inserted hypertext link leading to specifying or additional document. This document is also always accessible not depending on these General terms and conditions and the hypertext link to this document is visibly placed at labelmania.cz. All prices shown on these web pages include VAT and all payments required by the Czech law. If there is an information about a price without VAT, is this fact stated clearly by adding a text „without VAT“. Each product is uniquely identified by its name, respectively also by the name of its version and price. 

B. Ordering the goods, cancelling the order

1. An order placed through our e-shop labelmania.cz is binding and equals to a proposal to concluding a contract.
2. Ordering the goods, i.e. sending the proposal to concluding a contract, is done by the customer confirming the content of shopping basket, i.e. manifest the will to conclude a contract to purchase goods in the structure and specification equal to shopping basket, particularly agrees with the sepcification of the goods, theirs prices and amount of pieces, further on the way of payment a choice of a transportation option to the place of delivery. This order is an act of the customer´s free will.
3. The contract is concluded between the seller and buyer at the moment of delivering order good to the buyer.
4. By ordering the goods as described in B. 2. of these General terms and conditions the buyer states that he has read these General terms and conditions, Warranty claim code and declaration of Personal data protection and that he unconditionally agrees with the content of these documents mentioned above as it´s published at labelmania.cz, i.e. in the meaning of their content valid and effective at the moment of confirming the binding order. Any changes of these business conditions made by the seller after the moment of concluding a purchase contract don´t effect this purchase contract.
5. The condition of this order´s validity is filling true personal data required in the registration form, i.e. particularly such a data that is necessary for issuing a tax receipt, filling in warranty form and handing over the goods at the place of delivery. Handling with such a data is in a way complying with the Czech law no. 101/2000 Sb. Personal data is being kept exclusively in order to identify the buyer in relation to tax office and also for the purpose of eventual warranty claims etc. The rules for handling the personal data are also accessible to the buyer in the document Protection of personal data.
6. The place of delivering the goods is the adress stated by the buyer in registration form, if it wasn´t verifiably agreed otherwise. The place of delivery can be after a mutual agreement between the seller and the buyer also the business premises of the seller.
7. The ownership of the goods is being transfered from the seller onto the buyer at the moment of paying the purchase price, either at the moment of delivering the goods to the buyer at the place of delivery in case of cash on delivery, or at the moment of payment of the good ahead in the ways defined in the ways of payment.
8. By filling in the registration form or order (purchase contract proposal) or by filling in personal data on any other place in the e-show www.labelmania.cz, the buyer consents to gathering and archiving the buyer´s personal data, his contracts and his purchases. The buyer has the right to erase or change the structure of his personal data at his request. This request can be done either in writen form by sending an e-mail to the address info@labelmania.cz, or by phone call.
9. Cancelling the order by the buyer – the buyer has the right to cancel the order anytime before expedition of the goods and without any penalty. This claim must be done in written form by e-mail sent to: info@labelmania.cz or by phone through the info line.
10. Should the order be cancelled by the buyer (this is also valid for cancelling the purchase contract concluded by the means of distance communication) or should the order be cancelled from any other reason after the purchase price was already paid by the buyer or the buyer has taken necessary actions to do so, the seller is bound to return the relevant amount back to the buyers account of by a postal order (up to the agreement of the contractual parties) back to the buyer within 30 (thirty) days as of cancelling the order. In order to keep this dead line for returning the provided payment is sufficient, if the seller makes within this dead line the necessary steps aiming to returning the amount (e.g. makes the payment order or requests the buyer to collect the amount).
11. The buyer agrees with using the distance communication means when concluding the purchase contract. The cost of concluding the purchase contract by the distance communication means on the side of the buyer (internet connection cost, phone connection cost etc.) is covered solely by the buyer.
12. Regardless the content of the paragraphs of this article B. of these General terms and conditions the seller reserves the right to cancel the purchase contract without specifying a reason. If the seller does so and the puchase price was verifiably already paid by the buyer, the seller is obliged to return this amount without unnecessary delay back to the buyer´s account.

C. The means and conditions of the purchase price payment

• The buyer has two following choices of pament, with the conditions mentioned below:

1. Cash on delivery – the payment at the moment of delivering the goods by a courier/postal service to invoicing, respectively delivery adress stated in the order. In case the amount of the ordered and not yet paid goods for one buyer goes beyond 5.000,- CZK, the seller requests the buyer to make the partial payment based on advance invoice in the amount of 50 % of the total purchase price of the ordered goods. In this respect the buyer will be contacted by the seller´s employee who will give him all necessary information and send him the advance invoice.
2. Money wire to the seller´s banking account – when paying by bank transfer the seller will inform the buyer (in written or by phone) of the state of the buyer´s order and the buyer will be given all necessary detail to make the bank wire of the purchase price to the seller´s banking account. After the amount is received onto the seller´s banking account, the good will be dispatched without unnecessary delay to the invoicing, respectively delivery address stated by the buyer in the order. 

D. Delivery conditions

1. The usual period for delivering the ordered goods to the place of delivery in the structure and amounts specified in the valid order is between five and ten working days, when this period starts on the first working day after the day, when the order was confirmed by the buyer (in case of the cash on delivery), respectively on the day of verifiable incoming payment on the seller´s banking account (in case of the bank wire payments). 
2. In exceptional cases, not depending on the will of the seller, when even using all the necessary professional care of the seller it is not possible to keep the delivery periods specified in the paragraph D. 1. of these General rules and conditions the seller reserves the right to extend this delivery period. In that case the seller is bound the inform the buyer of this situation without unnecessary delay.
3. The goods are considered to be delivered by delivering them to the place of delivery stated in the order.
4. Delivery of the goods to the place of delivery is usually provided by using the services of a third party but strictly based on the conditions that are included in the order and based on the buyer´s choice stated in the shopping basket and related to the valid offers in the sections Delivery and Payments options.
5. The seller reserves the right to change the means of transport even without preliminary warning the buyer. However, this change can not cause lowering the quality of the delivery or changing its price.
6. Demonstration, installation, completion or assembly of the purchased goods is not a part of the goods delivery to the place of delivery.
7. The tax receipt is always attached with the purchased goods. 

E. Warranty claim, responsibility for defects, warranty conditions

1. The buyer is advised to check the goods without unnecessary delay after receiving them. Should the goods be defected at the moment of taking over the goods, the buyer is entitled to refuse accepting them. The buyer should claim the warranty on the defected goods, that the buyer has already taken over, without unnecesary delay.
2. The seller grants the buyer a warranty on the goods purchased on the e-shop www.labelmania.cz for the period of 24 months starting as of the moment of taking them over by the buyer. Should there be any defects of the delivered goods during this period of 24 months, the buyer is entitled to claim the warranty.
3. It is advised to claim the warranty on delivered goods in written form either at the postal address of the seller´s premises or by sending an e-mail to info@labelmania.cz. The warranty claim must always include this mandatory information: order no., buyer´s name, surname and address and description of the defect, reasons of the warranty claim.
4. The seller will consider the warranty claim to be unjustified in case of using the goods by the way not described in the instructions of usage delivered with the product, in case of a common wear and tear or a deliberate damage, in case of improper handling or improper storing of the goods, in case of unwarranted interference made by the buyer or a third party or as an impact of a natural disaster.
5. In case of a justified warranty claim the buyer is entitled to a compensation for necessary postage cost in order to claim warranty (this doesn´t apply to warranty claims for customers outside of The Czech Republic). In case of an unjustified warranty claim the buyer is not entitled to this compensation for postage cost.
6. If it is not stated or agreed otherwise, the rights and duties regarding the responsibility for defects of the goods (of both the buyer and the seller) abide by the clauses § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Czech Civic law, in the currently valid wording and the Czech consumer protection law no. 634/1992 Sb., in the currently valid wording. In case the buyer is a business entity, the rights and duties regarding the responsibility for defects of the goods (of both the buyer and the seller) abide by the Czech Business Corporations Law, in the currently valid wording, if it is not agreed otherwise. 

F. Rights from faulty fulfilment and other right and duties of the contractual parties

1. The rights and duties of the contractual parties regarding their rights in case of faulty fulfilment abide by the relevant generally binding regulations (particularly the clauses § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Czech Civic Law).
2. The seller answers for the faultless goods, particularly that at the moment when the goods are given over to the customer they meet the following criteria:.
   
   - the goods have the characteristics the contractual parties agreed, and if this agreement is missing, the goods have the characteristics that the seller or producer has described or that the buyer was expecting with relevance to the character of the goods and to the seller´s or producer´s advertisements
   - the goods are are suitable to the purpose that the seller is presenting or to the purpose this kind of goods are usually used to
   - the quality or looks of the goods corresponds to the sample or model, in case the quality or looks of the goods were based on contracted sample or model 
   - the quantity, measure and weight of the goods is as agreed
   - the goods complies with the requests of the legal regulations.
3. The clauses stated in article 2 of these General terms and conditions are not applicable to goods that are sold for a discounted price due to their defects which were the reason for granting the discount, also to the common usage wear and tear, also to the used goods with defects relevant to their usage and also to the wear and tear that the goods had at the moment of taking them over by the buyer and also if it follows from the nature of the goods.
4. If the defect appears within six months as of taking the goods over, the goods are considered to be defected at the moment of the take over.
5. The buyer applies the rights from a faulty fulfilment at the seller´s premises that are suitable in regards to this range of goods, or alternatively at the seller´s business address.
6. The seller is not bound by any behaviour codes in the meaning of the clause § 1826 paragraph 1 letter e) of the Czech Civic law.
7. The seller is settling the consumer´s complaints using the e-mail address info@labelmania.cz. The seller is informing the buyer about finishing the buyer´s request by an e-mail sent to the buyer´s e-mail address.
8. The extrajudicial consumer disputes are handled by Česká obchodní inspekce (Czech Business Inspection) with seat at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, web address: http://www.coi.cz. It is also possible to use the on-line platform for solving the consumer disputes from the purchase contract between the seller and the buyer, which is accessible at http://ec.europa.eu/consumers/odr.
9. Evropské spotřebitelské centrum Česká republika (European consumer centre Czech Republic) with seat at Štěpánská 567/15, 120 00 Praha 2, web address: http://www.evropskyspotrebitel.cz is a contact point based on European Parliament and EU Counsil order no. 524/2013 as of May 21, 2013 (order about solving the consumer disputes on-line and about changing the order (ES) no. 2006/2004 and directive no. 2009/22/ES).
10. The seller is entitled to be selling the goods based on a trade permition. The trade check is proved by a destined trade office. The personal data protection area is supervised by Úřad pro ochranu osobních údajů (Personal data protection office). Czech Business Inspection is also supervising the abidance by the law no. 634/1992 Sb., about consumer´s protection, as subsequently amended. 

G. Withdrawing from the purchase contract

1. The buyer is entitled to withdraw from the purchase contract concluded at e-shop labelmania.cz without specifying the reason to this withdrawal within 14 (fourteen) days as of taking over the goods. This withdrawal is the buyer´s right regulated by the Czech Civic law, § 1829, paragraph 1. This right cannot be misused and used f.i. for free loaning of the goods or temporary usage of the goods.
2. The buyer is not entitled to withdraw from the purchase contract (as stated in the previous paragraph) outside of other legal reason particularly in the case that the ordered goods succumb a fast decay, wear and tear or becoming obsolete (f.i. by an irreversible gluing on or ironing on). The buyer is also not entitled to withdraw from the purchase contract in case the goods were tailored based on his wishes or his person.
3. In case of the purchase contract withdrawal as stated in paragraph 1 of this article of these General terms and conditions the purchase contract is cancelled as of its start, the buyer returns the goods back to the seller (the best within 14 days as of the withdrawal). If it is not possible anymore to return all the delivered goods, the sellers is entitled to retain a proportional part of the purchase price as a compensation for the goods the buyer cannot return. In case of purchase contract withdrawal the buyer covers all the cost related to returning the goods back to the seller, even if it is not possible to return the goods the usual postal way due to the character of the goods.
4. In case of the purchase contract withdrawal the seller return the received payment from the buyer within fourteen (14) days as of the withdrawal (except of the amount of additional delivery cost it being a difference between the delivery option chosen by the buyer and the cheapest delivery option offered by the seller), the amount is returned the same way it was accepted. The seller is also entitled to return the purchase price already at the moment of returning the goods by the buyer or other way, if the buyer agrees with this and there are no additonal cost for the buyer. Should the buyer withdraw from the purchase contract, the seller is not obligated to return the amount to the buyer prior to returning the goods or proving the goods have been sent to the seller.
5. The buyer withdraws from the purchase contract preferably at the seller´s premises. The withdrawal intention document needs to be sent to seller´s adress within the 14 days period described above. 
6. Should the returned goods be damaged, the seller can claim the compensation and lower the returned amount with this compensation for a damaged proven by the seller.
7. The buyer is also entitled to withdraw from the purchase contract without unnecessary delay after he was delivered goods different from the goods the buyer ordered. In case the delivered goods do not correspond with the purchase contract the buyer is entitled to a free of charge and no delay changing of the goods or repairing them (up to the buyer´s preference); should this not be possible, the buyer can request an appropriate discount from the purchase price or withdraw from the purchase contract. This is not valid in case the buyer already knew about this discrepancy between the purchase contract and the state of the ordered goods prior to taking the goods over or in case the buyer caused this discrepancy himself.

The address for purchase contract withdrawal and for sending the warranty claim form:

LabelMania s.r.o.
Lužná 591/4
160 00 Praha 6

Czech Republic

H. Personal data protection
 

1. All personal data of the buyer, that was received when concluding the purchase contract, is processed and kept in compliance with the relevant regulations of the Czech law no. 101/2000 Sb., about personal data protection and changes of some laws (further on as “Personal data protection law”). During the contractual period or before its start the personal data is processed based on § 5 paragraph 2 letter b) of the Personal data protection law; it is data processing necessary for the contract fulfilment (where the buyer is one of the contractual parties) or for negotiating this contract or its changes based on the potential buyer´s proposal that does not require the buyer´s consent.
2. After finishing the contractual relationship the seller processes and keeps the personal data (documents) of the buyer based on § 5 paragraph 2 letter b) of the Personal data protection law, for the period necessary to keeping the legal duties of the seller and for a potential lawsuit or any other disputes, which also does not require the buyer´s consent. The seller states that he will be gathering personal data of the buyer (private person) only in the extent necessary for fulfilment of the stated purpose and process the data only in compliance with the purpose they have been gathered for. The seller´s employees or other private persons who are processing the personal data based on the contract with the seller are obliged to maintain confidentiality about this personal data even after terminating their employment or work for the seller.
3. The buyer (private person) states and grants (by ticking the certain checkbox when concluding the purchase contract) his permition to gather and process the buyer´s personal data in order to market research (their evaluation), buyers satisfaction survey, offering products and services, running the customer gateway, phone contact and sending business information and infomaterials about the seller´s products and services. Under the buyer´s personal data is understood mainly the following data: name, surname, address, date of birth, contact information – particularly phone no. and e-mail address, banking connection information and other data in the form used when concluding the purchase contract. The seller is entitled to process the personal data automatically or manually using both his own employees and data processers (even in other states within EU). The protection of the private person´s data will be technically and organizationally secured in compliance with the Personal data protection law. Should the buyer request information regarding processing his personal data, the seller is obliged to grant him this information without an unnecessary delay and for an appropriate compensation which is not higher than the cost necessary to granting this information.
4. The buyer (private person) who finds out or who assumes that the seller or the data processors don´t comply with the Personal data protection law when processing his personal data is entitled to request an explanation of this issue or request the seller or data processor to remove this discrepancy. This consent to process the personal data is granted by the buyer for the contractual period and for the further 10 years as of the contractual period end. This consent is granted based on the buyer´s free will and can be cancelled any time and free of charge in a written form at the seller´s address stated in these General terms and conditions. En electronical form is also considered to be a written form (especially using the contact form on the seller´s e-shop.
5. By ticking the corresponding check box when concluding the purchase contract the buyer agrees with sending personalised and individual announcements, invoices, bills, messages, information, business information, information regarding customers gateway, confirmations of delivering messages, notices, demands for payment and other communication related to the contract and goods deliveries and related services provided by non-written form, f.i. e-mails, SMS, via customers gateway (f.i. by posting information on buyer´s account). The buyer can request in written form to renew sending this information or disallow his consent.

 

I. Final regulations
 

1. These General terms and conditions are valid and effective as of the day they are published on e-shop labelmania.cz.
2. The wording of these General terms and conditions can be changed continuously, in which case the valid version is the one which was agreed by the buyer when conluding the contract as stated in article B. of these General terms and conditions.
3. If it is not stated in these General terms and conditions otherwise, the contractual relationship between the seller and the buyer is regulated by relevants regulations of the Czech Civic law with a special respect to regulations of concluding purchase contract using the means of a distance communication.
4. The seller is not bound by any behaviour codes in the meaning of the clause § 1826 paragraph 1 letter e) of the Czech Civic law.
5. The seller is settling the consumer´s complaints using the e-mail address info@labelmania.cz. The seller is informing the buyer about finishing the buyer´s request by an e-mail sent to the buyer´s e-mail address.
6. The extrajudicial consumer disputes are handled by Česká obchodní inspekce (Czech Business Inspection) with seat at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, web address: http://www.coi.cz. It is also possible to use the on-line platform for solving the consumer disputes from the purchase contract between the seller and the buyer, which is accessible at http://ec.europa.eu/consumers/odr.
7. Evropské spotřebitelské centrum Česká republika (European consumer centre Czech Republic) with seat at Štěpánská 567/15, 120 00 Praha 2, web address: http://www.evropskyspotrebitel.cz is a contact point based on European Parliament and EU Counsil order no. 524/2013 as of May 21, 2013 (order about solving the consumer disputes on-line and about changing the order (ES) no. 2006/2004 and directive no. 2009/22/ES).
8. The seller is entitled to be selling the goods based on a trade permition. The trade check is proved by a destined trade office. The personal data protection area is supervised by Úřad pro ochranu osobních údajů (Personal data protection office). Czech Business Inspection is also supervising the abidance by the law no. 634/1992 Sb., about consumer´s protection, as subsequently amended.
9. We can be using following advertisement systems and analytical tools: Google AdWords, Facebook, Google Analytics, Seznam.cz Sklik , Hotjar. These systems and tools use only limited data without personally identifiable information.

These General terms and conditions were published on February 18, 2017 at 4:00 pm, they are valid and effective as of this moment.