Copy of TERMS & CONDITIONS
1.1 Welcome to the Onna Lifestyle e-shop at the internet address www.onnalifestyle.com
1.2 Onna is an entrepreneur and acts within its commercial or other business activity. On the Website, Onna offers goods to buyers.
1.3 The buyer is a natural person acting in the capacity of a consumer (“Buyer”). These terms and conditions do not apply to situations where the buyer is a natural person or a legal entity acting in the capacity of an entrepreneur. For the purposes of exact definition of the terms consumer and entrepreneur, the relevant provisions of the Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”) and the Act No. 634/1992 Coll., on Consumer Protection, as amended, shall apply.
1.4 These Terms apply to purchases in Onna e-shop on the Website and, in accordance with the provision of section 1751 paragraph 1 of the Civil Code, govern the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement concluded between the Buyer and Onna through the e-shop (“Purchase Agreement”). These Terms also govern the rights and obligations regarding the use of the Website and other related legal issues.
1.5 These Terms are displayed on the Website, and the Buyer may archive and repeatedly display them at his/her discretion.
1.6 Onna may reasonably change or amend the wording of these Terms, whereas the Buyer shall be notified of such changes by e-mail and/or publication on the Website. Change or amendment of these Terms establishes the Buyer’s right to withdraw from the Purchase Agreement. This does not however affect the rights and obligations arising from the previous wording of the Terms over the period of their effectiveness.
2. PURCHASE AGREEMENT
2.1 Any presentation of goods posted on the Website is of informative character only. The provisions of section 1732 paragraph 2 of the Civil Code shall not apply. That means the presentation is not a binding offer to conclude agreement and Onna has no obligation to enter into an agreement (in particular in the event that the goods are sold out or long-term unavailable, when there is a technical error on the Website or when the Buyer breached a contract with Onna in the past).
2.2 The Website contains information about goods including the respective price.
2.3 Price of the goods is displayed including VAT (21%) and relevant taxes and charges, however with the exception of payments for transport, cash on delivery and any Buyer’s costs such as banking and similar charges relating to the transfer of money, costs of Internet connection and communication etc. The price remains effective for the period for which it is displayed on the Website. The ability of Onna to conclude a Purchase Agreement under individually agreed terms is not limited by this provision.
2.4 The Website also contains information on the calculated costs associated with packaging and shipping the goods. Shipping cost depends on the final destination and is calculated at the check- out.
2.5 For ordering goods, the Buyer fills in the order form on the Website. The form contains particularly information about:
2.5.1 the ordered goods and their quantity (i.e. goods which the Buyer places into the electronic shopping cart);
2.5.2 the method of payment of the purchase price for the goods; and
2.5.3 information on the method of delivery of the goods and the costs associated with delivery/shipping of the goods (“Order”).
2.6 Filling in of all the required information in the order form is condition for validity of the Order. By submitting the Order, the Buyer confirms that he/she became familiar with these Terms before concluding the Purchase Agreement and that he/she agrees with them in the wording valid and effective at the moment of placing the Order.
2.7 When registering on the Website and/or ordering goods, the Buyer must provide only correct and accurate information. All of the provided information is therefore considered by Onna as correct and accurate.
2.8 Before placing an Order, the Buyer is allowed to check, correct or change information entered into the Order. Onna will immediately inform the Buyer via e-mail of receipt of the Order to the address specified in the Order (the “Buyer’s E-mail”).
2.9 Onna is always entitled, with regards to the nature of the order (e.g. the quantity of the ordered goods, the amount of the purchase price, the anticipated transport costs etc.), to request an additional confirmation of the Order by the Buyer.
2.10 The contractual relationship between the parties arises upon the delivery of confirmation of receipt of the Order (acceptance) sent by Onna to the Buyer’s E-mail.
2.11 The Buyer agrees with the use of means of distance communication for concluding the Purchase Agreement. The costs incurred by the Buyer by using means of distance communication in connection with conclusion of the Purchase Agreement (e.g. internet, telephone etc.) are in the standard amount, depending on the Buyer’s tariff for telecommunication services. These costs are covered by the Buyer.
2.12 If Onna is unable to meet some of the requirements stated in the Order, it shall send instead of confirmation of the Order an amended offer to the Buyer’s E-mail with details of all the possible variants of the Order and request the Buyer’s stance. In such case, the amended offer shall be considered a new proposal for conclusion of the Purchase Agreement.
2.13 In accordance with section 1740 paragraph 3 of the Civil Code, Onna excludes the possibility of acceptance of the offer with amendment or variation.
2.14 All correspondence relating to the Purchase Agreement will be delivered to the Buyer to the Buyer’s E-mail or to the delivery address specified in the Order or his/her User Account.
3. PURCHASE PRICE AND PAYMENT CONDITIONS
3.1 The Buyer may pay the price for goods and any potential costs of delivery of goods according to the Purchase Agreement by the following means:
3.1.1. by payment card when purchasing online, through the Paypal payment gateway
3.2 Packaging and shipping costs constitute part of the purchase price and the Buyer is required to pay them (“Purchase Price”).
3.3 Onna will wait until full payment of the Purchase Price before dispatching the goods.
3.4 Onna is entitled, in particular in the event that no additional confirmation of the Order has been provided by the Buyer pursuant to clause 2.9, to request full payment of the Purchase Price in advance before dispatching the goods to the Buyer.
3.5 Onna reserves the ownership right to the object of the purchase. The Buyer therefore does not become its owner until the full payment of the Purchase Price.
3.6 Price changes, as well as any other content changes on the Website, are reserved.
3.7 Special prices are valid until the sell-out of the indicated number of pieces of discounted goods or for a designated period of time. Discounts from the Purchase Price of the goods cannot be mutually combined, unless expressly stated.
3.8 If it is usual in the ordinary course of business, or required by law, Onna will issue an invoice to the Buyer with respect to payments made under the Purchase Agreement (“Invoice”). Onna will issue an Invoice to the Buyer after full payment of the Purchase Price for the goods and send it electronically to the Buyer’s E-mail.
4. TRANSPORT AND DELIVERY
4.1 If under the Purchase Agreement Onna must deliver the goods to a place determined by the Buyer in the Order, the Buyer must take over the goods at delivery. The Buyer is advised to duly check the goods upon delivery.
4.2 In the event that the method of delivery is selected by the Buyer based on a request made in the Order, the Buyer bears the risk and any additional costs associated with this method of delivery.
4.3 In the event that it is necessary due to reasons on the Buyer’s part to deliver the goods repeatedly, or by using a different method other than stated in the Order, the Buyer must pay all associated shipping and other costs.
4.4 When receiving the goods from the carrier, the Buyer must check integrity of its packaging and immediately notify the carrier about any defects and refuse to accept the delivery.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1 Under section 1829 paragraph 1 of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods, except for cases specified in clause 5.3 or other cases for which the Buyer cannot withdraw from the Purchase Agreement. In case the subject matter of the Purchase Agreement comprises of several types of goods or the supply of several parts, this period will commence from the receipt of the last delivery of the goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the time period indicated above.
5.2 For withdrawal from the Purchase Agreement, the Buyer shall email the following information to Onna by electronic mail.
5.3 The Buyer acknowledges that, according to Section 1837 of the Civil Code, he/she cannot withdraw from the Purchase Agreement for the supply of sealed goods which were unsealed after supply by the consumer, and which are not suitable for return due to hygiene reasons.
5.4 Furthermore, the Buyer cannot withdraw from the Purchase Agreement or require the delivery of a new item, if he/she cannot return it in the state in which he received it. This does not apply if:
5.4.1 there was a change to the state of the item as a result of inspection to detect defects;
5.4.2 if the Buyer used the item before discovering the defect; or
5.4.3 if the Buyer did not cause the inability to return the item in its original condition by his/her act or omission.
5.5 Onna has the right to withdraw from the Purchase Agreement in the following cases: (i) it is not possible to deliver the goods (e.g. they are no longer manufactured) or replace them otherwise; (ii) in case of an obvious error in the listed price of the goods on the Website; (iii) until the moment of receipt of the goods by the Buyer in cases when the Buyer has the right to withdraw from contract under Civil Code; and (iv) if the Buyer refuses to accept delivery of goods pursuant to clause 4.5 above.
5.6 In the event of withdrawal, the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Onna within fourteen (14) days from the withdrawal, in the condition and value in which the Buyer received them, including all accessories and associated documentation.
5.7 If the Buyer withdraws from the Purchase Agreement, he/she shall bear all costs of returning the goods. Onna may unilaterally set off all of the actually incurred costs related to the returning of the goods against the Purchase Price, which is to be returned to the Buyer.
5.8 In the event of withdrawal from the Purchase Agreement pursuant to these Terms, Onna will return the money to the Buyer within fourteen (14) days from the withdrawal from the Purchase Agreement in the same manner as it received them. The Seller is also entitled to return the money to the Buyer while returning the goods or by any other means with which the Buyer will agree. If the Buyer withdraws from the Purchase Agreement, Onna will not be required to return the money before the Buyer returns the goods or proves in a sufficient manner that he/she dispatched them to Onnas address.
5.9 Onna may unilaterally set off its right for damages incurred on the goods against the Buyer’s claim for the return of the Purchase Price.
5.10 If a gift is provided to the Buyer along with the goods, the deed of gift between Onna and the Buyer is concluded with a condition subsequent, meaning that in case of withdrawal from the Purchase Agreement by either party, the deed of gift becomes ineffective, and the Buyer will have to return the provided gift to Onna along with the goods.
6. PERSONAL DATA PROTECTION
6.1 The Buyer’s Policy concerning the protection of personal data can be see under Privacy
7. INTELLECTUAL PROPERTY
7.1 Onna is the sole owner or holder of all intellectual property rights in the Website and in any written and photo material published on it (alternatively their licensee). The relevant works are protected mainly by copyright laws around the world.
7.2 Except as allowed by law, the Buyer must not use copies (whether offline or online) of any materials you have printed off or downloaded in any way from the Website, including any text, illustrations, photographs, video or audio sequences or any graphics, without explicit consent from Onna. Onna's status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
8.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for the Buyer’s information only. Onna has no control over the contents of third parties sites or resources.
8.2 Therefore, Onna has no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by Onna of those linked websites. Onna will not be liable for any damages that may arise from the Buyer’s use of them.
8.3 It is possible to link to the Website (i.e. the home page) provided it is done in a way that is legitimate and that does not damage Onnas reputation or takes advantage of it. It is prohibited to establish a link in such a way as to suggest any form of association, approval or endorsement of Onna where none exists. The Website must not be framed or embedded on any other site, nor may a link be created to any part of the Website other than the home page. Onna reserves the right to withdraw linking permission without notice.
9. LIMITATION OF LIABILITY
9.1 Onna only supplies goods for domestic and private use. If the Buyer uses the products for any commercial, business or resale purpose, Onna will have no liability to the Buyer for any damages.
9.2 Buyers assume all risk of use of Onna products sold on the website. You expressly agree that Onna, Onna's distributors and affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages and injuries resulting from your use of this web site or any items sold herein (www.onnalifestyle.com) in any way.
9.3 Onna does not guarantee that the Website or any content on it will always be available or be uninterrupted. Onna may suspend, withdraw, discontinue or change all or any part of the Website without notice. Onna will not be liable to the Buyer if for any reason the Website is unavailable at any time or for any period.
9.4 Onna does not guarantee that the Website or any content on it will be free from errors or omissions.
9.5 Onna will not be liable for any damages caused by a virus, distributed denial-of service attack, or other technologically harmful material that may infect the Buyer’s computer equipment, computer programs, data or other material due to the Buyer’s use of the Website or to Buyer’s downloading of any content on it or on any website linked to it.
9.6 Onna does not guarantee that the Website will be secure or free from bugs or viruses. The Buyer is responsible for configuring his/her information technology, computer programs and platform in order to access the Website. The Buyer should use his/her own virus protection software.
10. FINAL PROVISIONS
10.1 All relations and any possible disputes arising from the Purchase Agreement shall be construed exclusively under Czech law, and decided by the competent courts of the Czech Republic. This shall not affect the rights of consumers arising from the generally binding provisions of law.
10.2 If any provision of these Terms becomes invalid or ineffective, another provision whose meaning most resembles it shall apply instead. Invalidity or ineffectiveness of one provision does not affect the validity or effectiveness of other provisions of these Terms. Any changes or amendments to the Purchase Agreement or to these Terms require a written (including electronic) form.
10.3 The concluded Purchase Agreement including the Terms is archived by Onna in electronic form and is not accessible.
10.4 Onna is authorised to sell the goods or provide the services on the basis of a trade license and Onna’s activities are not subject to any further authorisations.
10.5 The Buyer hereby assumes the risk of a change in circumstances within the meaning of section 1765 paragraph 2 of the Civil Code.
10.6 Onna is not bound with respect to the Buyer by any codes of conduct withinthe meaning of section 1826 paragraph 1 letter e) of the Civil Code.
10.7 These Terms are valid and effective from 1 January 2018.
10.8 You can contact Onna by the following means : e-mail address: firstname.lastname@example.org