Terms and Conditions
of the online store "misterspace.cz"
1 General provisions
1.1 These terms and conditions of the online store "misterspace.cz" (hereinafter referred to as "Terms and Conditions") govern the mutual rights and obligations between the operator of the online store, which is Crazyhelena sro, with its registered office at U Zvonařky 2536 / 1c, Vinohrady, 120 00 Prague 2. , Czech Republic, Evropská Unie, IČO: 08473323, entered in the Commercial Register kept by the Municipal Court in Prague under file no. No. C 319518 (hereinafter referred to as the “Seller”) and natural or legal persons (hereinafter referred to as the “Buyer”) arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded through the Seller's online store.
1.2 The Internet Store is operated by the Seller on a website located at the Internet address https://www.misterspace.cz (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Store Web Interface”).
1.3 These Business Terms and Conditions are issued by the Seller in accordance with Act no. No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code").
1.4 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 in the course of their business or in their independent profession.
1.5 The provisions of these Business Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are drawn up in the Czech language. The purchase contract is concluded in the Czech language.
1.6 The wording of the Business Conditions may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.7 The Seller sells goods whose presentation is located on the Seller's website (hereinafter referred to as the "Goods"). The Buyer shall fill in the order (hereinafter referred to as the “Order”) via the means of distance communication (usually by computer) and make the payment in accordance with these Business Conditions. The Seller shall ensure the delivery of the Goods for postal transport so that the consignment is sent to the address chosen by the Buyer.
2 User account
2.1 Based on the registration made by the Buyer on the website of the online store, the Buyer may access its user interface (hereinafter referred to as the "user account"). Within the registration, the Buyer chooses the following login details: e-mail and password. Access to the user account is protected by access data. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.2 The Buyer may order the Goods from his user account. The Buyer can also order the Goods without registration directly from the web interface of the store.
2.3 When registering and ordering the Goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account upon any change. The data provided by the Buyer in the user account and when ordering the Goods are considered correct by the Seller.
2.4 The Buyer is not entitled to allow the use of the user account by third parties.
2.5 The Seller is entitled to cancel the user account, especially if the Buyer has not used his user account for more than 5 years, or if the Buyer violates its obligations arising from these Business Conditions or the Purchase Agreement.
2.6 The Buyer acknowledges that the user account may not be available around the clock, especially in cases of outage with regard to the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of hardware and software equipment of external suppliers of the Seller.
3 Establishment of a contractual relationship
3.1 To order the Goods, the Buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
3.1.1 the ordered Goods (the ordered Goods are "inserted" by the Buyer into the electronic shopping cart of the web interface of the store),
3.1.2 required additional services (if offered);
3.1.3 the method of payment of the price of the Goods,
3.1.4 information on the required method of delivery of the ordered Goods, the address of the consignee;
3.1.5 information on costs associated with ordering the Goods
(hereinafter collectively referred to as "Order").
3.2 Before sending the Order, the Buyer is allowed to check and change the data he has entered in the Order, even with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. Within the Order, the Buyer confirms that he has read these Business Conditions and by confirming these Business Conditions, the Buyer further confirms that he is an adult and therefore eligible to purchase the Goods.
3.3 The Buyer will send the order to the Seller by clicking on the "Binding order" button. The data listed in the order they are deemed correct by the seller. Immediately after delivery of the Order, the Seller will confirm its delivery by e-mail to the Buyer's e-mail address specified in the user account or in the Order.
3.4 The Seller is always entitled, depending on the nature of the Order (quantity of the Goods, the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).
3.5 The contractual relationship between the Seller and the Buyer arises by delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
4 Price Goods and payment terms
4.1 The Buyer may pay the Price of the Goods and any costs associated with the delivery of the Goods under the Purchase Agreement to the Seller in the following ways:
4.1.1 in cash on delivery at the place specified by the Buyer in the Order;
4.1.2 cashless transfer to the Seller's account (hereinafter referred to as the "Seller's account");
4.1.3 cashless by means of payment instruments (if this method is offered): by payment card or by a third party payment system.
4.2 Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of the Goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the Goods.
4.3 The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Business Conditions regarding the obligation to pay the purchase price of the Goods in advance.
4.4 In the case of payment on delivery, the purchase price is payable upon receipt of the Goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the Purchase Agreement, after payment of the purchase price, the Goods are sent to the Buyer.
4.5 In the case of non-cash payment by bank transfer, the Buyer is obliged to pay the purchase price of the Goods together with the variable payment symbol. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when 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 provide additional confirmation of the order (Article 3.4), to demand payment of the full purchase price before sending the Goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall 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 this is customary in business relations, or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer regarding payments made on the basis of the Purchase Agreement. The seller is 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 will be sent in electronic form to the Buyer's electronic address.
4.9 Charging for payment for the Goods is governed by the terms and conditions of the Buyer's payment service provider (usually the Buyer's bank). The Buyer acknowledges that electronic communication may be charged by the information society service provider (including the Internet connection service) with which the Buyer has a contract. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
4.10 Arrangements deviating from these Business Terms and Conditions may be agreed in a separate contract concluded in writing.
4.11 All presentation of the Goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to enter into a Purchase Agreement regarding the sale of the Goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
4.12 The web interface of the store contains information about the Goods, including the prices of individual goods in CZK (Czech crown) or EUR (Euro) or PLN (Polish zloty) and the cost of returning the Goods, if the Goods cannot be returned by usual by post. The prices of the Goods are listed including value added tax and all related fees. The prices of the Goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the Seller's ability to enter into a Purchase Agreement under individually agreed conditions.
4.13 The web interface of the store also contains information on the costs associated with the packaging and delivery of the Goods. The information on costs associated with the packaging and delivery of goods provided in the web interface of the store is valid only in cases where the Goods are delivered within the territory of the European Union. In the event that the Seller offers free transport of the Goods, the precondition for the right to free transport of the Goods on the part of the Buyer is payment of the minimum total purchase price of the transported Goods in the amount specified in the web interface of the store. In the event of a partial withdrawal from the Purchase Agreement by the Buyer and the total purchase price of the Goods for which the Buyer has not withdrawn from the contract, it does not reach the minimum amount necessary for the creation of rights and for the transport of the Goods free of charge according to the previous sentence, the Buyer's right to transport the Goods free of charge expires and the Buyer is obliged to pay for the transport of the Goods to the Seller.
4.14 The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods.
5 Withdrawal from the Purchase Agreement
5.1 The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code it is not possible to withdraw from the Purchase Contract for the Delivery of Goods, which was modified according to the Buyer's wishes or for his person, from the Purchase Contract for the Delivery of Perishable Goods and the Goods , which has been irretrievably mixed with other Goods after delivery, from the Purchase Contract for the delivery of Goods in a sealed package, which the consumer removed from the package and for hygienic reasons cannot be returned, and from the Purchase Contract for delivery of audio or video recording or computer program original packaging.
5.2 If it is not a case specified in Article 5.1 of the Terms and Conditions, or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer, who is a consumer, has the right in accordance with the provisions of § 1829 paragraph 1) of the Civil Code. withdrawal of the contract within fourteen (14) days of receipt of the Goods, and in the event that the subject of the Purchase Contract is several types of Goods or delivery of several parts, this period runs from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which forms an annex to the Business Conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to the address of the Seller's registered office or to the contact e-mail address of the Seller.
5.3 In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Business Conditions, the Purchase Agreement shall be canceled from the beginning. The Goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs associated with the return of the Goods to the Seller, even if the Goods cannot be returned by ordinary mail due to their nature.
5.4 In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Business Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when returning the Goods to the Buyer or otherwise, if the Buyer agrees and the Buyer does not incur additional costs. If the Buyer withdraws from the Purchase Agreement, 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.
5.5 The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the Goods against the Buyer's claim for a refund of the purchase price.
5.6 In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of § 1829 paragraph 1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time, until the Goods are taken over by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without undue delay, non-cash to the account designated by the Buyer.
5.7 If a gift is provided to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded on the condition that if the Buyer withdraws from the Purchase Agreement, the gift contract for such a gift ceases to be effective and the Buyer is obliged to return it together with the Goods to the Seller. and the gift provided.
6 Transport and delivery of goods
6.1 In the event that the mode of transport is contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2 If, according to the Purchase Agreement, the Seller is obliged to deliver the Goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the Goods upon delivery.
6.3 In the event that for reasons on the part of the Buyer it is necessary to deliver the Goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the Goods, resp. costs associated with another method of delivery.
6.4 Upon receipt of the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the Goods and in case of any defects immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier. This does not affect the Buyer's rights from liability for defects in the Goods and other Buyer's rights arising from generally binding legal regulations.
6.5 Other rights and obligations of the parties in the transport of the Goods may be regulated by the special delivery conditions of the Seller, if issued by the Seller.
7 Defective performance rights
7.1 The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 63 4/1992 Coll., On consumer protection, as amended).
7.2 The Seller is responsible to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time when the Buyer took over the Goods:
7.2.1 the Goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the Goods and on the basis of advertising made 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 model, if the quality or design was determined according to the agreed sample or model,
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 If the defect becomes apparent within six months of receipt, the Goods shall be deemed to have been defective upon receipt.
7.4 The Seller has obligations from defective performance at least to the extent that the obligations from defective performance by the manufacturer persist. The Buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer Goods within twenty-four months of receipt. If the period for which the Goods can be used is stated on the Goods sold, on their packaging, in the instructions attached to the Goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. As a guarantee of quality, the Seller undertakes that the Goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the Buyer has rightly complained to the Seller about the defect of the Goods, the period for exercising the rights from the defective performance or the warranty period does not run for the period during which the Buyer cannot use the defective Goods.
7.5 The provisions set out in Article 7.4 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, to wear and tear of the Goods caused by its normal use, to used Goods for defect corresponding to the degree of use or wear acceptance by the Buyer, or if it follows from the nature of the Goods. The Buyer does not have the right from defective performance if the Buyer knew before taking over the Goods that the Goods were defective, or if the Buyer caused the defect himself.
7.6 Rights from liability for defects of the Goods apply to the Seller. However, if the confirmation issued by the Seller regarding the scope of rights from liability for defects (in the sense of the provisions of § 2166 of the Civil Code) states another person for repair who is closer to the Seller's place or place for the Buyer, the Buyer shall exercise the right to repair who is designed to make the repair. Except in cases where another person is appointed to carry out the repair according to the previous sentence, the Seller is obliged to accept the complaint in any establishment where the complaint is possible with regard to the range of products or services provided, or in the Seller's registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the Seller to perform the repair.
7.7 The Buyer may specifically exercise the rights arising from liability for defects of the Goods, in particular at the address of the Seller's registered office, or by e-mail at the contact e-mail address of the Seller.
7.8 The Buyer shall inform the Seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The Buyer cannot change the made choice without the Seller's consent; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable.
7.9 If the Goods do not have the properties specified in Article 7.2 of the Terms and Conditions, the Buyer may also request delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the Goods, the Buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect. The Buyer has the right to deliver new Goods or replace parts even in the case of a remediable defect, if he cannot use the Goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to deliver new Goods without defects, to replace its components or to repair the Goods, he may request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller is unable to deliver new Goods without defects, replace its part or repair the Goods, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause considerable difficulties for the Buyer.
7.10 Who has the right according to § 1923 of the Civil Code, he shall also be reimbursed for the costs expediently incurred in exercising that right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be alleged, the court will not grant the right if the Seller objects that the right to compensation was not exercised in time.
7.11 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 "SpacePoints" loyalty system
8.1 The Seller provides its customers with a long-term loyalty program in the form of "SpacePoints" (hereinafter referred to as "Loyalty Points") for purchases of Goods. The aim of the program is to increase quality in the sale of goods and provision of services.
8.2 The Loyalty Program enables the acquisition of Loyalty Points to all registered end customers who place an Order and pay for the Goods and subsequently use these Loyalty Points to obtain a discount on the purchase price of the Goods. Loyalty program and application of Loyalty Points is governed by the following Business Conditions:
8.3 Loyalty points will be credited to the Buyer no later than 14 days after receiving payment of the purchase price. Loyalty points will not be credited for unpaid Orders. There is no legal claim to the crediting of Loyalty Points.
8.4 Loyalty points can only be redeemed in the online store www.misterspace.cz. Payment of Loyalty Points in cash or by bank transfer is not possible.
8.5 Loyalty points are tied to a specific user account and cannot be transferred to another user account. By canceling the user account, the Loyalty Points are lost.
8.6 In the event of withdrawal from the Purchase Agreement, Loyalty Points in the value of the paid purchase price for the Goods from which the purchase was withdrawn will be deducted from the user account.
8.7 Loyalty points are valid for 365 days from the date of their crediting to the user account, in case of their non-use at this time, unused Loyalty Points will be deducted from the user account.
8.8 The seller reserves the right to make changes in the loyalty program at its discretion. In the event of a change in the terms of the loyalty program, the Seller will inform on the website, or in other ways in advance. In the event of cancellation of the loyalty program, it will always be possible to apply the Loyalty Points for at least 30 days from the date of notification of the cancellation of the loyalty program; after this period, the Loyalty Points will no longer be applicable.
8.9 The Seller reserves the right to withdraw the credited Loyalty Points at any time at its discretion, especially in cases of suspected fraudulent use of the Loyalty Points.
8.10 The Loyalty Points credit, which is 1 and lower, cannot be applied in the Order.
8.11 Buyers who do not execute the Order through a registered user account cannot be included in the loyalty program.
9 Handling of Buyers' personal data
9.1 Personal data of the Buyer, who is a natural person or a natural person doing business, is subject to personal data protection in accordance with applicable law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation; "GDPR").
9.2 The Seller processes the Buyer's personal data in accordance with legal regulations, in particular with the GDPR. Detailed information on the processing of the Buyer's personal data by the Seller is provided in the document Declaration on the protection of personal data of the online store "misterplace.cz", which is available here:
10 Final provisions
10.1 The Buyer and the Seller further undertake not to challenge the validity and binding nature of the mutual electronic communication solely because of the electronic form of this communication. It can be delivered to the Buyer to the Buyer's electronic address.
10.2 The Seller reserves the right to change, supplement or cancel these Business Terms and Conditions in connection with the development of the legal system and its business policy by issuing new business conditions. Any change concerning the Business Conditions will always be published on the Seller's website www.misterpace.cz.
10.3 The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of § 1826 par. e) of the Civil Code.
10.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company Identification Number: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Agreement.
10.5 European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC consumer dispute resolution online).
10.6 The Seller is entitled to sell the Goods on the basis of a trade license. The trade license inspection is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
10.7 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded to him by the provisions of the law which cannot be derogated from by contract and which would otherwise apply in the absence of choice of law under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.8 The Buyer assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2) of the Civil Code.
10.9 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.10 The Purchase Agreement, including these Business Conditions, is archived by the Seller in electronic form and is not accessible.
10.11 The appendix to the Business Conditions is a sample form for withdrawal from the Purchase Agreement
10.12 Contact details of the Seller:
- address for delivery: Crazyhelena s.r.o., with registered office: U Zvonařky 2536 / 1c, Vinohrady, 120 00 Prague 2, Czech Republic;
- e-mail address: email@example.com;
- phone: +420 731 821 829.
10.13 These Business Terms and Conditions are drawn up in the Czech language; if the Seller also publishes translations into another language, it is only an informative translation; in the event of discrepancies between the language versions, the Czech language version shall prevail.
10.14 These Terms and Conditions are effective as of March 1, 2022.
In Prague on March 1, 2022.