These terms and conditions apply to purchases in the online store www.inca-shop.cz. The terms and conditions specify the rights and obligations of the seller and the buyer.

CONTACT DETAILS:

Name: Blue Bloom, sro
Registered office: Rybná 716/24, 110 00 Prague 1
IČ: 07617321

Telephone: Currently unavailable.
E-mail: info@inca-shop.cz

Contact address: Rybná 716/24, 110 00 Prague 1

The seller undertakes to respond to written or electronic correspondence from the buyer immediately, no later than within two working days.

INFORMATION

Information about goods and prices provided by the seller are binding except in the event of obvious error. Prices are presented including all taxes (e.g. VAT) and fees, except for the cost of delivering the goods.

The seller does not charge any fees depending on the payment method, except for cash on delivery.

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, then no later than within 48 hours.

Acceptance of an offer with an amendment or variation is not acceptance of the offer.

A confirmation of the content of a contract concluded in a form other than written form, which shows deviations from the actually agreed content of the contract, has no legal effect.

Acceptance of unsolicited performance by the buyer does not mean acceptance of the offer.

The photos shown on the store's website correspond to the goods sold.

The seller makes available instructions for use or general advice on the preparation of the goods sold in electronic form before the conclusion of the contract, especially for goods where this is useful and appropriate for the buyer's decision to purchase.

GOODS DELIVERY

The seller delivers the goods to the buyer in full, no later than 5 days from the order confirmation, unless a different delivery period is specified for the individual goods or otherwise agreed with the buyer. If the goods are stated as "in stock", the seller undertakes to send the goods no later than the second working day, unless the buyer is informed of the change. The buyer is obliged to take over the goods and pay for them. The buyer is advised to check the goods as soon as possible upon receipt.

The seller shall send the documents relating to the goods, in particular the tax document, receipts and certificates, to the buyer together with the goods or after receipt of the goods, but no later than two days after receipt of the goods by the buyer.

If the buyer so requests, the seller shall confirm in writing the extent and duration of his obligations arising from the defective performance and how the buyer may exercise his rights arising from them.

If the buyer fails to take delivery of the goods within the agreed time by breach of his obligation, he shall be obliged to pay the seller a storage fee for each day of delay in the amount of CZK 10, up to a maximum of CZK 300. The seller is entitled to sell the goods in an appropriate manner after demonstrably notifying the buyer by e-mail and providing him with a new reasonable period for receipt. The seller is entitled to offset the costs of storage and the costs of futile delivery of goods due to lack of cooperation on the part of the buyer in the amount strictly necessary against the proceeds of sale.

ORDER CANCELLATION AND WITHDRAWAL FROM THE CONTRACT

The buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of the goods or payment. The specified period is intended to allow the buyer to become reasonably familiar with the nature, properties and functionality of the goods.

The buyer is entitled to withdraw from the contract at any time before the goods are delivered.

The buyer shall send or hand over the withdrawal from the contract to the seller within 14 days. The buyer does not have to state the reason for withdrawing from the contract. To facilitate communication, it is advisable to state the date of purchase or the number of the contract/sales document, bank details and the chosen method of returning the goods in the withdrawal.

The form for withdrawal from the contract is available here.

The seller is obliged to refund the buyer an amount fully corresponding to the price of the goods and the paid delivery costs within 14 days of withdrawal from the contract, in the same way as he accepted the payment from the buyer. If the seller offers several options within a certain method of delivery of the goods, he is obliged to replace the buyer with the cheapest of them. No later than within the same period, the buyer is obliged to send or hand over the purchased goods to the seller. The goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The costs of returning the goods are borne by the buyer.

If the buyer returns the goods in person at the seller's premises, the seller will return the above payments to the buyer within 7 days of withdrawal from the contract.

If the returned goods are damaged due to the buyer's breach of obligations, the seller is entitled to claim compensation for the decrease in the value of the goods from the buyer and offset it against the refunded amount.

According to the law, the right to withdraw from the contract cannot be exercised in contracts for the supply of digital content, if it was not supplied on a tangible medium, or in contracts for the provision of services, in both cases provided that the performance was carried out with the prior express consent of the buyer before the expiry of the withdrawal period; in contracts for the supply of services or goods (including alcoholic beverages), the price of which depends on fluctuations in the financial market independently of the seller's will; in contracts for the supply of goods modified according to the consumer's wishes or for his person and in contracts for goods that are subject to rapid deterioration, in goods that have been irreversibly mixed with other goods or removed from a sealed package and cannot be returned for hygiene reasons; in the supply of sound or video recordings or computer programs, if the buyer has broken their original packaging; in the supply of newspapers, magazines or other periodicals; for contracts for accommodation, transport, catering or leisure provided on a specified date or for contracts concluded on the basis of a public auction pursuant to the law governing public auctions.

RIGHTS AND OBLIGATIONS FROM DEFECTIVE PERFORMANCE

Quality upon acceptance

If the goods received have defects (e.g. they do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure, weight, or quality, or do not correspond to other statutory, contractual or even pre-contractual parameters), these are defects in the goods for which the seller is liable.

The buyer may, at his request, claim free removal of the defect from the seller or a reasonable discount on the price no later than two years after receipt of the goods; if this is not disproportionate to the nature of the defect (in particular if the defect cannot be removed without undue delay), a request for the delivery of a new item without defects or a new part without defects may be made, if the defect concerns only this part.

If repair or replacement of the goods is not possible, the buyer may request a refund of the purchase price in full based on withdrawal from the contract.

Within six months of receipt of the goods, it is assumed that the defect in the goods already existed upon receipt of the goods.

The seller is not obliged to satisfy the buyer's claim if he proves that the buyer knew about the defect in the goods before receipt or caused it himself.

For used goods sold, the seller is not liable for defects corresponding to the degree of previous use or wear and tear. For goods sold at a lower price, the seller is not liable for a defect for which a lower price was agreed. Instead of the right to exchange, the buyer has the right to a reasonable discount in these cases.

Statutory rights from defects

The seller is liable for defects that arise after receipt of the goods within the 24-month warranty period or within the period of use specified in the advertisement, on the packaging of the goods or in the attached instructions.

Within this period, the buyer may file a complaint and, at his/her choice, demand for a defect that constitutes a material breach of contract (regardless of whether the defect is removable or non-removable):

• removal of the defect by delivering a new item without defects or by delivering the missing item;

• free removal of the defect by repair;

• a reasonable discount on the purchase price; or

• refund of the purchase price based on withdrawal from the contract.

A material breach of contract is one that the party breaching the contract knew or should have known at the time of conclusion of the contract, and that the other party would not have concluded the contract if it had foreseen this breach.

For a defect that constitutes an immaterial breach of the contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

If a removable defect occurs repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a larger number of defects (at least three defects simultaneously), the buyer may exercise the right to a discount on the purchase price, exchange the goods or withdraw from the contract.
The seller is not liable for defects resulting from normal wear and tear or failure to comply with the instructions for use.

For selected goods, The seller undertakes to offer the buyer an extended contractual warranty.

COMPLAINT HANDLING

The buyer is obliged to check his shipment directly upon delivery from the carrier (if it is broken, etc.), otherwise the complaint caused by the transport will not be accepted. If the buyer discovers a defect in the goods caused by improper handling during transport, he will not accept the shipment.

The buyer is obliged to file a complaint with the seller or the person designated for repair without undue delay after discovering the defect. The complaint processing time is a maximum of 30 days. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint.

Download the form here: Applying a complaint

The buyer is obliged to inform the seller of the right he has chosen when notifying the defect, or without undue delay after notifying the defect. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irreparable.

If the buyer does not exercise his right to a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.

The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The period for handling the complaint runs from the handover/delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging during transport to prevent damage, and should be clean and complete.

The seller is obliged to decide on the complaint without delay, no later than within three working days, or on the fact that an expert assessment is necessary for the decision. The information on the necessity of an expert assessment will be communicated to the buyer within this period. The seller will handle the complaint, including the removal of the defect, without undue delay, no later than within 14 days of its submission, unless the seller and the buyer agree in writing on a longer period. After this period has expired, the buyer has the same rights as if it were a material breach of contract.

If the seller refuses to remove the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.

The warranty period is extended by the period from the filing of the complaint until its settlement or until the time when the buyer was obliged to collect the item. If the goods or part thereof are replaced, the seller's liability applies as if it were a purchase of new goods or part thereof.

If it is not possible to monitor the status of the complaint settlement online, the seller undertakes to inform the buyer about the settlement of the complaint by e-mail or SMS, at his request.

In the event of a justified complaint, the buyer is entitled to compensation for the costs reasonably incurred.

PRIVACY PROTECTION

The Buyer agrees that the provided personal data will be processed and stored by the Seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the purpose of fulfilling the subject of the contract. The Buyer has the right to be informed of what data the Seller records about him, and is entitled to change this data, or to express his disagreement with its processing in writing. The Office for Personal Data Protection supervises the protection of personal data.

The seller undertakes not to provide the buyer's personal data to third parties other than the contractual carrier for the purpose of delivering the goods.

The seller allows purchases without registration, and the data of unregistered buyers will be used exclusively for the fulfillment of the subject matter of the contract, not for marketing or commercial purposes.

The seller is entitled to send the buyer his own commercial communications only if the buyer actively requests them, and only until the buyer informs the seller that he wants to stop sending them. The buyer can send this communication to the electronic address obtained in connection with the fulfillment of the contract, without incurring any costs.

Dispute Resolution

Disputes between the seller and the buyer are resolved by general courts.

According to Act No. 634/1992 Coll., on Consumer Protection, as amended, the buyer, who is a consumer, has the right to out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The entity authorized to carry out out-of-court settlement of a dispute is the Czech Trade Inspection. More information is available on the website www.coi.cz.

Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the seller. The proposal can be submitted no later than 1 year from the date on which the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.

The consumer has the right to initiate an out-of-court dispute resolution online via the ODR platform available on the website ec.europa.eu/consumers/odr/.

The seller undertakes to preferentially seek an out-of-court resolution of disputes with the buyer, unless the buyer refuses it. Out-of-court settlement of disputes can also be carried out via the VašeStížnosti.cz service on the website www.vasestiznosti.cz.

This procedure is not mediation pursuant to Act No. 202/2012 Coll., on mediation, as amended, nor arbitration pursuant to Act No. 216/1994 Coll., on arbitration proceedings and the enforcement of arbitration awards, as amended, and its use does not affect the parties' right to address their claim to the Czech Trade Inspection Authority or to the court.

During the duration of the negotiations on out-of-court settlement of the dispute, the limitation and preclusion periods under the Civil Code do not run or begin to run, unless one of the parties to the dispute expressly refuses to continue the negotiations.

The seller undertakes to strive to fulfill the dTest recommendation in the event of the buyer's consent.

Supervision of compliance with obligations under Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).

OTHER

For the purposes of these terms and conditions, the buyer is understood to be a consumer, which is a person who, unlike the seller, does not act within the scope of his business activity or within the independent exercise of his profession when concluding and fulfilling the contract.

For the purposes of these terms and conditions, the seller is understood to be an entrepreneur who, unlike the buyer, acts within the scope of his business activities or within the independent performance of his profession when concluding and fulfilling the contract.

Other matters not listed here are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legal regulations, as amended by later legal regulations.

The contract and related issues are governed by Czech law.

Changes to the terms and conditions in any form other than a mutually agreed written form are excluded.

The promotional offer of free shipping for orders over 3000 CZK and the possibility of collecting discount points do not apply to wholesale purchases of goods.

These terms and conditions are effective from January 14, 2024.