Mother of Brands, s.r.o
ID: 217 08 363
with registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1, Czech Republic
(hereinafter referred to as the "operator")
For the sale of goods via the online store located at www.timmefashion.com, www.timme.sk and www.timme.cz
Manager: Tímea Trajtelová, contact e-mail for customer support: info@timme.sk
1. Introductory Provisions
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of Mother of Brands, s.r.o., with its registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1, ID number: 217 08 363, registered with the Municipal Court in Prague section C, insert 405392 (hereinafter referred to as the "seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer")) through the seller's online store. The online store is operated by the seller on a website located at the internet address www.timmefashion.com, www.timme.sk or www.timme.cz (only the "website"), through the website interface (hereinafter referred to as the "website") trade").
1.2. 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, when ordering goods, acts as part of his business activity or as part of his independent professional practice; he considers himself to be such a person when ordering, if he makes a contribution and states his ID number.
1.3. It is possible to negotiate a deviation from the terms and conditions in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech or Slovak language. The purchase contract can be concluded in Czech and Slovak.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
1.6. Legal relationships concluded on the basis of these terms and conditions and contracts derived from them are governed by the Czech legal system, in particular Act No. 89/2012 Coll., the Civil Code.
2. Conclusion of the purchase contract
2.1. All presentation of goods placed in the web interface of the store is informative and the seller is not obliged to confirm the contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
2.2. The store's web interface contains information about goods, including the prices of individual goods. The prices of goods and services are listed including VAT and all related fees. The prices of goods and services remain valid for as long as they are displayed on the store interface. This provision limits the seller's ability to conclude a contract under individually negotiated conditions.
2.3. The store's web interface also contains information about costs associated with packaging and delivered goods. The information on the costs associated with the packaging and delivery of the goods listed in the store interface only applies in cases where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, fill out the order form in the store's web interface. The order form contains, in particular, information about the ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface), the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and information about the costs associated with the delivery of the goods (hereafter referred to as "order").
2.5. Before sending the order to the seller, the buyer is able to check and change the data he entered in the order, and this is with regard to the possibility of the buyer to ensure and correct errors that occurred when entering data into the order. Seller's order to the seller by clicking the "SEND ORDER" button. The information given in the offer is found to be correct by the seller. You send the seller a request to send the order in this e-mail message, which the buyer confirms by e-mail, to the e-mail address of the buyer in the user interface or in the specified (hereinafter referred to as "the e-mail address of the buyer").
2.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to request confirmation of the order (e.g. in writing or by telephone).
2.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
2.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.
2.9. The buyer is entitled to withdraw from the purchase contract without obligation until the goods are handed over to the carrier. By means of this intention, the buyer must notify the seller of the use of means of communication at a distance.
2.10. The seller has the right not to conclude a purchase contract, especially if he orders goods at the price published on the website by mistake due to errors in the store's web interface. The seller informs about this fact.
2.11. The seller has the right to withdraw from the purchase contract if he discovers that there has been misuse of personal data, misuse of a payment card, etc., or in the case of an administrative or judicial authority. The withdrawal is effective on the day of delivery to the buyer.
3. Price of goods and terms of payment
3.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid to the seller in the following way:
3.1.1. cashless by credit card, payment can be made by Visa, Mastercard
3.1.2. Payment on delivery.
3.2. The seller is a VAT payer.
3.3. Together with the purchase price, he is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. If not stated otherwise, it also includes the purchase price and the costs associated with the delivery of the goods. Unless otherwise stated, postage is charged as follows (guide prices):
Czech Republic, depending on the carrier: CZK 69 - CZK 109
Slovak Republic, depending on the carrier: from CZK 99
Poland: GLS 105 CZK
Germany: GLS 125 CZK
Hungary: GLS 135 CZK
Austria: GLS 181 CZK
Great Britain: GLS 305 CZK
Other countries from 140 CZK
(you can always find out the current shipping price in the basket for a specific order)
3.4. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 3.7 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
3.5. The seller is entitled to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
3.6. Possible discounts on the price of the goods to the selling buyer cannot be combined with each other.
3.7. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller issues a tax document - an invoice - for payments made on the basis of the buyer's purchase contract.
3.8. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest. MasterCard,
4. Withdrawal from the purchase contract
4.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods , which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging for hygienic reasons, cannot be returned and from the purchase contract for the supply of an audio or video recording or a computer program, if canceled their original packaging.
4.2. If it is not a case mentioned in Article 4.1 or another case where it is not possible to withdraw from the purchase contract, the buyer "consumer" has, in accordance with the provisions of § 1829 paragraph 1 letter 1 of the Civil Code, the right to withdraw from the purchase contract, within fourteen (14) days from the receipt of the goods, while in the case that the purchase contract includes several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the sample offered sale, located on the form https://www.timme.cz/vraceni-zbozi/, can be used. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the seller's registered office or to the seller's e-mail address info@timme.sk
4.3. In the case of withdrawal from the purchase contract according to Article 4.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
4.4. In the event of withdrawal from the contract in accordance with Article 4.2 of the terms and conditions, the seller will return the funds received from the buyer, including funds for transport costs, within fourteen (14) days of withdrawal from the purchase contract, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance to the buyer already upon returning the goods provided by the buyer or in another way, if he agrees to this and the buyer does not incur any additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he sent the goods to the entrepreneur.
4.5. The claim for compensation for damage caused to the goods is entitled to be set off unilaterally against the claim for compensation of the purchase price.
4.6. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
4.7. If there is a gift together with the goods provided to the buyer, the gift contract is concluded between the seller and the buyer with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and he is obliged to return the provided goods together with the seller gift.
5. Method of transportation of goods
5.1. In the event that the method is contracted on the basis of a special request of the buyer, the risk and any additional costs associated with this method of transport may not apply.
5.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified in the purchase contract, he is obliged to take over the goods upon delivery.
5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was mentioned in the context, he is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another method of delivery.
5.4. When taking over the goods from the carrier, he is obliged to send a confirmation of the intactness of the packaging of the goods and, in the case of relevant defects, the goods to the carrier. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, he does not have to accept the shipment from the carrier. The following carriers are used for transportation: Zásilkovna - we strongly recommend the shipment immediately after receipt, GLS - we strongly recommend the shipment immediately after receipt, DPD - we strongly recommend the shipment immediately after receipt! If the shipment is visibly damaged or the protective tape is broken, he is obliged to apply the advertisement directly to the carrier in accordance with his transport conditions. The seller is not responsible for damage caused during transportation.
5.5. Other rights and obligations of the parties during the transportation of goods may be modified by the seller's special data, if issued by the seller.
5.6. He is informed about the shipment by e-mail.
6. Delivery period
6.1. Delivery period 6.1. The delivery period is always indicated in the number of working days and starts from the day of receipt of binding orders upon confirmation of receipt of all documents necessary for timely processing of the order, or receipt of payment. Standard delivery time is 2-4 working days from receipt of order. Availability information is informative and subject to change.
7. Rights from defective performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. The seller is responsible to the seller that, especially at the time when the buyer of the goods took over such goods that the parties agreed upon, and in the absence of an agreement, it has the characteristics that the seller or the manufacturer wrote or that, taking into account the nature of the goods based on the advertising carried out by them, the goods fit for the purpose specified by the seller for its use or for which goods of this type are usually used, the quality or design of the goods corresponds to the contracted sample or model, if the design was determined according to the contracted sample or model, the goods are in the corresponding quantity, measure or weight and the goods comply with local laws.
7.3. The provisions stated in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, for which the goods are caused by its normal price of use, for used goods to a defect corresponding to the degree of use or wear the goods had at the time of receipt purchase contract, or if it results from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were defective upon receipt, unless the defect is clearly caused by the buyer's actions.
7.5. The contact details of the operator are as follows: delivery address: TIMME brand s.r.o., Ovocný trh 572/11, Staré Město, 110 00 Prague, e-mail address: info@timme.sk The immediate application of the claim is the moment the seller became aware of the claim. 7.6. 7.6. Further rights and obligations of the parties related to the seller's liability for defects are governed by the seller's advertising regulations.
8. Other rights and obligations
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any code of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. The seller handles consumer complaints via the electronic address info@timme.sk. Information about handling the buyer's complaint will be sent to the seller to the buyer's email address.
8.4. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs. 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 from the purchase contract.
8.5. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 . of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of consumer disputes online).
8.6. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Supervision over areas of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection carries out, to a defined extent, among other things, supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.7. The buyer hereby assumes the risk of change within the meaning of § 1765, paragraph 2 of the Civil Code.
9. Protection of personal data
9.1. Your obligation to provide information to the buyer in accordance with Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data up to the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) (hereinafter referred to as the "GDPR regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating this contract and for the purpose of fulfilling the seller's public obligations, the seller shall fill in a special document.
10. Sending commercial messages and storing cookies
10.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.
10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations from the purchase contract without the so-called cookies being stored on the buyer's computer, the consent can be revoked at any time according to the previous sentence.
11. Delivery
11.1. The buyer can be delivered to the e-mail address specified in the order.
12. Final Provisions
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. Consumer rights resulting from generally binding legal regulations are not affected.
12.2. If any provisions of the terms and conditions are invalid or ineffective, or become so, other provisions will take effect, the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions in written form.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. The annex to the terms and conditions constitutes a sample form for withdrawing from the purchase contract.
12.5. Seller contact details: delivery address TIMME, U Golfu 664/ 117, 109 00 Prague 15 - Horní Měcholupy , Czech Republic. Email address: info@timme.sk, telephone +420 608 887 242.