General Terms and Conditions

TERMS AND CONDITIONS pursuant to Section 1751(1) et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

INTRODUCTORY PROVISIONS
1.1. The operator of the online shop www.bemontessori.cz (hereinafter referred to as the "E-shop") is the company Be Montessori s.r.o., company ID: 17495091, with a registered office at Lublaňská 267/12, 120 00 Prague 2, registered in the Commercial Register at the Regional Court in Hradec Králové, spin mark C 50013 (hereinafter referred to as the "Seller").

1.2. These terms and conditions govern the mutual rights and obligations of the parties arising in connection with or under a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and the Buyer (hereinafter referred to as the "Buyer") for goods offered by the Seller through the E-shop.

1.3. The Buyer may be a businessman or a consumer.

a) A consumer is any person who, outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession, concludes a contract with the Seller or otherwise deals with the Seller (a Buyer who is a consumer is hereinafter also referred to as "Consumer"); b) an entrepreneur is a person who independently carries out, on his own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so on a continuous basis for the purpose of making a profit; an entrepreneur is also considered, inter alia, for the purposes of consumer protection, any person who concludes contracts related to his own business, manufacturing, or similar activity or in the independent exercise of his profession, or a person who acts in the name or on behalf of an entrepreneur; an entrepreneur for the purposes of the Terms and Conditions means a person who acts in accordance with the preceding sentence within the scope of his business activity.

1.4. If the Buyer provides his/her identification number in the order, he/she acknowledges that the rules set out in the Terms and Conditions for entrepreneurs apply to him/her.

1.5. The provisions of the Terms and Conditions form an integral part of the Purchase Agreement.

1.6. Divergent provisions in the Purchase Agreement shall prevail over these Terms and Conditions.

PURCHASE AGREEMENT
2.1. By the Purchase Contract, the Seller undertakes to hand over to the Buyer the Goods which are the subject of the Purchase and to allow the Buyer to acquire ownership of them, and the Buyer undertakes to accept the Goods and to pay the Seller the Purchase Price.

2.2. The Purchase Contract is concluded upon the Buyer's sending of the order and the Seller's acceptance of the order. The Seller shall promptly confirm the conclusion of the contract to the Buyer by sending a confirmation email to the email address provided by the Buyer.

2.3. The confirmation is accompanied by the current version of the Terms and Conditions, the Personal Data Processing Policy, and the Complaints Procedure. The resulting contract (including the agreed price) may only be amended or canceled by agreement of the parties or for lawful reasons, unless otherwise stated in the Terms and Conditions.

2.4. The Buyer creates an order for goods by placing the selected goods in the so-called shopping cart on the E-shop. Before the Buyer confirms the order, the Buyer has the right to change the required performance or shipping, i.e. to check all the data he has entered in the order.

PRICES
3.1. All current and valid prices are listed for each product offered on the E-shop. The prices are in Czech crowns (CZK) and are final, i.e., including VAT and all other taxes and fees. However, this does not apply to shipping costs, which are listed in the shopping cart, and their amount depends on the Buyer's choice. The price for the ordered goods together with the price for the chosen shipping method together constitutes the purchase price for the order (hereinafter referred to as the "Purchase Price"). Our company is not subject to VAT.

PAYMENT TERMS
4.1. The Purchase Price can be paid online by credit card, whereby the credit card must be issued in the EU and have internet payment enabled (the transfer is made via a payment gateway).

4.2. The purchase price is only paid after it has been credited to the Seller's bank account.

4.3. If the Buyer withdraws from the Purchase Contract or if funds are returned to the Buyer for any other reason, the Seller shall return to the Buyer the funds received from the Buyer under the Purchase Contract in the same manner. The Buyer shall be responsible for the accuracy of the details for the return of funds.

METHOD AND COST OF DELIVERY
5.1. The different methods of delivery of the Goods are offered by the Seller according to the current availability and prices set by each carrier. All shipping methods offered, their current conditions, and prices are available on the website here.

WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1. The Consumer shall have the right to withdraw from the Purchase Contract within fourteen days from the date of receipt of the Goods without giving any reason.

6.2. In order to properly exercise the right to withdraw from the Purchase Contract without stating a reason, the Consumer is obliged to send the Seller a notice of withdrawal from the Purchase Contract to the email address info@bemontessori.cz no later than on the last day of the period. For this notification, the Consumer can use the sample form that can be downloaded here. The Seller shall confirm the receipt of the form to the Buyer by email immediately after its receipt.

6.3. The timely delivery of the notice of withdrawal from the Purchase Agreement shall cancel the obligation from the outset. The Consumer is obliged to send the goods received from the Seller within fourteen days of the withdrawal from the Purchase Contract. The costs of returning the goods shall be borne by the Consumer.

The address for sending the goods is: Jihlavská 608/12 140 00 Prague 4 +420 724 348 662

6.4. The Seller is obliged to return to the Consumer the funds received, including delivery costs, within 7 days of the return of the goods to the Seller. If the Consumer has chosen other than the cheapest method of delivery offered by the Seller, the Seller shall refund the Consumer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

6.5. The Consumer shall only be liable to the Seller for any diminution in the value of the goods resulting from the handling of the goods in a manner different from that required by their nature and characteristics.

LIABILITY FOR DEFECTS
7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 of the Civil Code). If the Buyer is a Consumer, he is additionally entitled to special consumer rights from defective performance according to special provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.2. The Buyer may exercise the rights from defective performance at the following e-mail address: eshop@bemontessori.cz.

The address for sending the goods is: Jihlavská 608/12 140 00 Prague 4 Phone number: +420 724 348 662

The Seller is obliged to inform the Buyer of the fact that he has received the claimed goods within two working days.

CONSUMER RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
8.1. The Seller shall be liable to the Consumer that the goods are free from defects on receipt, in particular that at the time the Buyer took over the goods:

it has the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the Seller or the manufacturer described or the Consumer expected in view of the nature of the goods and on the basis of the advertising carried out by them; it is fit for the purpose for which it is stated by the Seller or for which goods of that kind are usually used; it is of an appropriate quantity, measure, or weight; and complies with the requirements of the law.

8.2. The Consumer is entitled to exercise rights in respect of defects that occur in the Goods within twenty-four months of receipt. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. However, this does not apply:

(a) in the case of goods sold at a lower price, to the defect for which the lower price was agreed; (b) wear and tear caused by normal use; (c) in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear which the goods had on receipt by the Buyer; or (d) if the nature of the goods so requires.

8.3. If the goods bear an expiry date, the period under Article 8.2 of these Terms and Conditions shall be reduced only to the date marked on the packaging of the goods.

8.4. The Consumer is obliged to inspect and re-inspect the goods immediately upon receipt and to ascertain their characteristics.

8.5. The consumer is obliged to exercise the rights arising from the defective performance without undue delay from the discovery of the defect in the goods.

8.6. The consumer shall not have rights under defective performance if the defect is one which he should have known with the exercise of ordinary care already at the conclusion of the Purchase Contract. This does not apply if the Seller has expressly assured the Consumer that the goods are free from defects or if the defect has been covered up by deceit.

8.7. The Consumer shall not be entitled to any rights under defective performance if the Consumer knew that the goods were defective before taking delivery of the goods or if the Consumer caused the defect.

8.8. Material breach of the Purchase Contract:

8.8.1 If the defective performance is a material breach of the Purchase Contract (i.e., a breach of an obligation that the Seller already knew or should have known at the time of entering into the Purchase Contract that the Consumer would not have entered into the Purchase Contract), the Consumer shall be entitled to:

(a) rectification of the defect by the delivery of new goods without defect or delivery of the missing part, (b) remedy the defect by repairing the goods, c) a reasonable discount on the Purchase Price; or d) withdrawal from the Purchase Contract.

8.8.2 The Consumer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Consumer may not change the choice made without the consent of the Seller; this shall not apply if the Consumer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period or notifies the Consumer that it will not remedy the defects, the Consumer may demand a reasonable discount on the Purchase Price in lieu of remedying the defect or may withdraw from the Purchase Contract. If the Consumer does not exercise his right in time, he shall have the rights under the following paragraph.

8.9. Non-substantial breach of the Purchase Agreement:

8.9.1 If the defective performance is an insubstantial breach of the Purchase Contract, the Consumer shall have the right to have the defect remedied or to a reasonable discount from the Purchase Price.

8.9.2 Until the Consumer exercises the right to a discount on the Purchase Price or withdraws from the Purchase Contract, the Seller may supply what is missing or remedy the legal defect. Other defects may be remedied by the Seller at its option by repairing the goods or supplying new goods; the choice must not cause unreasonable costs to the Consumer.

8.9.3 If the Seller fails or refuses to remedy the defect in the goods in a timely manner, the Consumer may demand a reduction in the Purchase Price or may withdraw from the Purchase Contract. The Consumer cannot change the choice made without the Seller's consent.

8.10. The Consumer may not withdraw from the Purchase Contract or request delivery of new goods if the goods cannot be returned in the same condition as they were delivered to him. This does not apply:

(a) if there has been a change in condition as a result of an inspection for the purpose of detecting a defect in the goods, b) if the Consumer has used the goods before the defect was discovered, c) if the Consumer has not caused the impossibility of returning the goods in the unaltered condition by an act or omission; or (d) if the Consumer sold the goods before the defect was discovered, consumed them, or altered the goods in normal use; if this happened only in part, the Consumer shall return to the Seller what he can still return and shall compensate the Seller to the extent that he benefited from the use of the goods.

8.11. If the goods do not have the characteristics set out in Article 8.1, the Consumer may also demand the delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to a part of the goods, the Consumer may only demand the replacement of the part; if this is not possible, the Consumer may withdraw from the Purchase Contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be removed without undue delay, the Consumer shall be entitled to have the defect removed free of charge.

8.12. The Consumer is also entitled to the delivery of new goods or the replacement of a part of the goods in the event of a removable defect if the goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Consumer also has the right to withdraw from the Purchase Contract.

8.13. If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to have new goods delivered without defects, to have parts of the goods replaced or to have the goods repaired, the Consumer may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods, or repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause the Consumer considerable difficulties.

8.14. If the Consumer asserts rights arising from defective performance, the Seller shall confirm to the Consumer in writing when the Consumer asserted the right, as well as the repair and the duration of the repair.

8.15. Complaints, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Consumer agree on a longer period. If the complaint is justified, the Consumer is entitled to reimbursement of costs reasonably incurred in exercising the right of defective performance. The right to reimbursement of costs must be exercised no later than one month after the end of the period for exercising the right of defective performance.

8.16. Risk of damage to the goods:

a) The risk of damage passes to the Buyer upon acceptance of the goods.

b) If the Seller delivers the item to the carrier for transport to the Buyer at the place specified in the Purchase Contract, the risk of damage shall pass to the Buyer upon delivery of the item to the carrier at that place, and if no place has been agreed, upon delivery to the first carrier for transport to the destination.

9. PROTECTION OF PERSONAL DATA

9.1 In relation to the protection and processing of the Buyer's personal data by the Seller, the Privacy Policy available [here](insert privacy policy link) shall apply.

10. OUT-OF-COURT DISPUTE RESOLUTION

10.1 In the event that a consumer dispute arises between the Seller and the Consumer under the Purchase Contract which cannot be resolved by mutual agreement, the Consumer may submit a proposal for the out-of-court resolution of such dispute to the designated consumer dispute resolution body, which is:

Czech Trade Inspection Authority Central Inspectorate - ADR Department Štěpánská 15 120 00 Prague 2

Email: adr@coi.cz Website: https://www.coi.cz/informace-o-adr/

10.2 The consumer can also use the online dispute resolution platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/

11. APPLICABLE LAW AND JURISDICTION

11.1 The Purchase Contract and the relations arising from it are governed by the law of the Czech Republic, in particular the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

11.2 Any disputes arising out of or in connection with the Purchase Agreement shall be settled only by the competent courts of the Czech Republic.

12. FINAL PROVISIONS

These Terms and Conditions shall come into force and effect on 1.6.2023.