TERMS AND CONDITIONS
- Preliminary Provisions
These Business Terms and Conditions govern the purchases of goods and services made via the e-shop located on the website www.shop.meduse-experience.com which is operated by MEDUSE DESIGN, s.r.o. registered at Troubsko, Jihlavská 743/2g, 664 41, Czech Republic with organisation ID Number: 26965739
These Business Terms and Conditions define and specify in more detail the following:
The rights and obligations of both the Seller (as defined below) and the Buyer (as defined below).
All contractual relationships are entered into in accordance with the Laws of the Czech Republic. If the contracting party is an individual consumer, those relationships not covered by these Business Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code), and Act No. 634/1992 Coll., the Consumer Protection Act, as amended. Further, in case that the buyer is the consumer residing in EU country, the mandatory consumer protection regulations effective in such consumer’s EU country shall apply. By accepting these Business Terms and Conditions, the individual or entity expresses its consent with using means of remote communication. The Convention on the International Sale of Goods (Vienna 1980) shall not apply.
All the Goods advertised for sale in this e-shop are solely for personal and non-commercial use only, i.e. the Goods are intended for Consumers (end-users) only. Any other use of the Goods (p.ex. resale, placement in the business sector for sale to end-consumers, or for use in hotels, restaurants or other venues and/or any other commercial use) is strictly prohibited. The resale restriction shall not apply in jurisdictions where the resale prohibition is invalid.
In case of order made for commercial use the seller reserves right to cancel such order.
The Goods may not be available for Buyers from some countries based on the rights of third parties (distributors or other entities) or local law restrictions. In case of order made from country, where the Seller is not authorized to sell the products, the Seller reserves right to cancel such order.
Advertisement of the Goods in the E-shop is not intended for the web visitors residing in India. The E-shop visitor residing in India may not place orders for Goods. The Goods may not be delivered to India neither. The e-shop visitors from India are recommended to contact directly the distributor for India (Smoking Cocktails (Asia) Pte Ltd). In case of order made from India or with delivery place to India, such order shall be canceled by the seller.
- Definition of Basic Terms
MEDUSE DESIGN, s.r.o. registered at Troubsko, Jihlavská 743/2g, 664 41, Czech Republic with organisation ID Number: 26965739
The internet shop operated by the Seller on the website shop.meduse-experience.com
- Purchase Agreement
For the purposes of these Business Terms and Conditions, the Purchase Agreement is understood to be an agreement for the purchase of Goods.
Any e-shop customer who purchases the Seller’s Goods and/or Services, whereas every Buyer entering in Purchase Agreement must be concurrently in the position of Consumer.
- Business Terms and Conditions
These Business Terms and Conditions, always in the valid version published as of the day an Order is placed via the E-shop.
An order placed by the Buyer via the Seller’s website.
A Consumer is any individual who enters into an agreement or otherwise deals with the Seller outside of the framework of business activities or the performance of its trade.
Any of the tangible movable items offered for sale via the Seller’s E-shop, which the Seller sells to the Buyer
- Purchase Agreement
3.1. The Seller advertises Goods on the E-shop website. A Purchase Agreement originates at the time the Buyer submits an Order and this Order is accepted by the Seller. The Seller shall confirm the acceptance of the Order by means of a confirmation sent to the Buyer’s e-mail address as specified in the Order. The Purchase Agreement may be modified or canceled only on the basis of a mutual agreement between both parties or for legal reasons resulting from the law or these Business Terms and Conditions.
3.2. Prior to the submission of the Order to the Seller, the Buyer has the opportunity to check and modify the information that they have entered on the Order, including the ability of the Buyer to identify and correct any errors made at the time that the data was entered. The Buyer submits the order to the Seller by clicking on the ‘Place Order’ button.
3.3. The Buyer agrees that remote communication shall be used at the time the Purchase Agreement is made. The costs incurred by the Buyer for using any means of remote communication associated with entering into the Purchase Agreement (namely the cost of an internet connection and the cost of phone calls) shall be borne by the Buyer.
3.4. All of the presentations of the Goods published on the website are for informational purposes only and the Seller is not obliged to enter into a Purchase Agreement for these Goods. The provisions of Section 1732 (2) of the Civil Code are hereby excluded.
3.5. The Buyer is bound by these Business Terms and Conditions immediately starting at the moment the completed Order is submitted. At the time the Purchase Agreement is made, the Buyer is always (re)acquainted with the valid version of the Business Terms and Conditions, and the Buyer must express its consent with the Business Terms and Conditions prior to submitting the Order. By confirming and submitting the Order, the Buyer declares that it is familiar with the valid Business Terms and Conditions.
3.6. The Purchase agreement may be closed in English or Czech. The Order on which the Purchase Agreement is concluded is archived and by the Seller and it is not in general accessible to the Buyer.
- Rights Associated with Defective Performance
4.1. The rights and obligations of the contracting parties associated with defective performance are governed by the relevant generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Section 2161 to 2174 of the Civil Code).
4.2. The Seller is liable to the Buyer that the item will be without any defects at the time it is handed over. In particular, the Seller is liable to the Buyer for the following at the time that the Buyer takes over the item:
– The Goods have the characteristics as agreed by the parties or, if no specific agreement was made, the item has the characteristics described by the Seller or those expected by the Buyer, taking into account the nature of the Goods, and on the basis of the advertisement of the Goods.
– The Goods are suitable for the purposes as specified by the Seller or for the purposes that the particular type of Goods is generally used.
– The Goods are provided in the appropriate quantity, size, and/or weight.
– The Goods are in compliance with the requirements laid down in legal regulations valid in the Czech republic.
4.3. If the item does not have the characteristics specified above, the Buyer may submit a complaint in accordance with section 12. of these Business Terms and Conditions.
4.4. The Seller will not be in no event liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of the Goods. If any part of this disclaimer is determined to be invalid, void, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall remain in full force and effects.
- Order Cancellation
The Seller reserves the right to refuse to accept or to cancel an Order or a part of an Order or to withdraw from the Purchase agreement with immediate effect in cases determined by the law or these Business Terms and Conditions, in particular in the following situations:
- The Goods are not available and the parties did not agreed on terms for postponed delivery
- The Goods are no longer produced or delivered;
- The Service cannot be provided or the Goods cannot be delivered due to a force majeure event;
- The customer has not paid the purchase price as specified on the Order;
- The Seller’s supplier has made a significant change in the price of the Goods or Service;
- The order was made for commercial use;
- The order was made from the country (or to be delivered to the country) where the Seller is not authorized to sell the Goods based on contractual or local law restriction
If the full purchase price or any part thereof has already been paid, this amount will be refunded to the person who paid it.
- Purchase Price and Reservation of Ownership Rights
The current price of the Goods is always specified on the Seller’s website. The price of the Goods specified on the Seller’s website on the day the Order is placed is always used to determine the final price of the Goods for the final Buyer. In accordance with Section 2132 of the Civil Code, the Buyer acquires the ownership rights to the delivered goods only after the purchase price for the Goods has been paid in full.
- Payment Terms
The Seller reserves the right to change the price of the Goods. The price valid at the time the Order is placed (i.e. the current price specified at that time on the Seller’s website) remains valid until such time that the Purchase Agreement is made. The Buyer is obliged to pay the purchase price for the Goods by no later than the day on which the Goods are taken over. Under the Sales Evidence Act, the Seller is required to issue a receipt to the Buyer. At the same time, The Seller is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest. The Seller issues receipts in accordance with the law in electronic form sent by e-mail or in paper form, depending on the chosen payment method and the method of transport.
- Payment Methods
The payment method options are as follows:
- Credit card payment gateway from GP Webpay;
- Delivery Terms
9.1. Delivery Timeframe
The Goods will be dispatched according to the availability of the product and the Seller’s operational abilities within the shortest possible timeframe, generally within 10 (ten) working days.
9.2. Delivery Location
The delivery location is specified in the Order placed by the Buyer. The delivery will be considered to have been completed at the time the goods are delivered to the address specified in the Order. The Seller will ensure delivery to the specified address. The tax document (invoice) is sent to the e-mail specified in the Order.
9.3. Transport of the Goods
The Seller arranges for the worldwide shipment of the goods. The packing and shipping costs are fully borne by the Buyer.
9.4. Transport methods:
- Czech Post (delivery timeframes according to the destination country)
- Consumer’s right for withdrawal from the Purchase Agreement
10.1. Order Cancellation
The Buyer has the right to cancel the Order at any time prior to the shipment of the goods without any penalties applied on the part of the Seller. Due to the Seller’s automated system it is not possibly to modify or change any Orders that have been completed and submitted.
10.2. Consumer’s Withdrawal from a Purchase Agreement Entered into via Remote Communication
10.2.1 In accordance with Section 1829 (1) of the Civil Code, a Consumer may withdraw without cause from the Purchase Agreement within fourteen (14) days of the date the Goods are taken over and there will be no penalties applied. In such situations the Consumer shall contact the Seller in writing at the Seller’s place of business or via an e-mail sent to email@example.com, wherein the consumer specifies that they are withdrawing from the Purchase Agreement, the Order number, the date of purchase, and the bank account number to which the refund is to be sent. The Consumer’s withdrawal form is available here: http://shop.meduse-experience.com/wp-content/uploads/2017/06/Terms-and-conditions.pdf
10.2.2. The provisions of Section 1829 (2) of the Civil Code may not however be considered as the possibility of a free loan of the Goods. If the Consumer exercises their right to withdraw from the Purchase Agreement within fourteen (14) days of the date the Goods are taken over, the Consumer must return to the supplier everything that they obtained on the basis of the Purchase Agreement. The Consumer undertakes to send the Goods to the Seller’s address. The Goods that the Consumer sends back to the Seller’s address on the basis of their withdrawal from the Purchase Agreement must not show any sign of use, they must be undamaged and complete (including all accessories, the warranty certificate, instructions, etc.), and the original purchase document must be included.
10.2.3. In the event that withdrawal from the Purchase Agreement takes place in accordance with Point 10.2. of the Business Terms and Conditions, the entire Purchase Agreement is canceled from the beginning. The Goods must be returned to the Seller within fourteen (14) days of the date of withdrawal from the Purchase Agreement. If the Consumer withdraws from the Purchase Agreement, the Consumer bears all of the costs associated with returning the goods to the Seller in accordance with Section 1820 (1)(g) of the Civil Code, even if the goods cannot be returned by standard post due to their nature.
10.2.4. In the event that the Consumer withdraws from the Purchase Agreement according to the preceding paragraphs, the Seller shall refund the monies accepted from the Consumer within fourteen (14) days of the date on which the Consumer withdraws from the Purchase Agreement (with the exception of any additional amounts associated with the delivery of the Goods resulting from the fact that the Consumer selected a delivery option for the Goods or the Voucher that is different from the cheapest standard delivery method offered by the Seller in accordance with Section 1832 (2) of the Civil Code). The monies will be refunded using the same method in which the Seller received them from the Consumer, unless the Consumer specifies otherwise. If the Consumer withdraws from the Purchase Agreement, in accordance with Section 1832 (4) of the Civil Code, the Seller is not obliged to refund the received monies to the Consumer prior to the time that the Consumer returns the Goods to the Seller or provably demonstrates that the Goods were sent to the Seller.
10.2.5. In the event that the notice of withdrawal from the Purchase Agreement is not sent to the Seller within fourteen (14) days after taking over the Goods in accordance with Section 1818 of the Civil Code, the withdrawal from the Purchase Agreement is invalid.
10.2.6. If the Goods are returned to the Seller in a damaged or incomplete condition or with their value reduced in any other way, even as a result of standard use, the Seller has the right to request the Consumer for compensation for the decreased value of the returned Goods in accordance with Section 1833 of the Civil Code. This in no way affects the Consumer’s right to withdraw from the Purchase Agreement without any penalties.
10.3. In accordance with the provisions of Section 1837 of the Commercial Code, the Consumer does not have the right to withdraw from the Purchase Agreement in, amongst other cases, the following situations:
– The Service that is the subject of the agreement was provided with the Consumer’s explicit consent prior to the expiration of the allowable withdrawal period; or
– The Goods were delivered in sealed packaging from which the Consumer removed the Goods and it is not possible to return the Goods for hygienic reasons.
- Legal guarantee
The legal guarantee for the Goods sold via the E-shop is 24 months whereby the guarantee period starts at the time the Goods are taken over by the Buyer. Within 6 months of receiving the goods, the Buyer must show the Seller that the goods are faulty or not as advertised. After 6 months, the Buyer must prove that the defect already existed on receipt of the goods – for example, by showing that it is due to the poor quality of the materials used. In case of different Consumer’s rights effective in EU country where the products are delivered, such rights shall apply.
- Complaint Procedure
12.1. In the interest of speeding up the complaint procedure, the Buyer should contact the Seller in advance by sending an e-mail to firstname.lastname@example.org. Unless the Seller and the Buyer agree otherwise, the complaint, including any defects, will be processed without any undue delay within no more than thirty (30) calendar days of the date the complaint is lodged.
When exercising its rights the Buyer is obliged to sent the Producer the photo documentation of the Goods, whereas the photos must in detail and demonstrably document the claimed defects and some of the photos must indicate clearly legible serial number of the item. The Buyer must further accurately and understandably specify the defect and indicate how to the defect manifest itself. In all the cases the Seller reserves the right to request sending of the defective item or its part. In such case the Buyer shall send the Goods that are the subject of the complaint to the Seller’s service location at the following address: MEDUSE DESIGN, s.r.o., Troubsko, Jihlavská 743/2g, PSČ 664 41, Czech Republic, at which both warranty and post-warranty service for the Goods is provided.
12.1.3. In the event that, at the time the item is taken over by the Buyer, the item does not conform with what is specified in the Purchase Agreement, the Buyer has the right to request the Seller to bring the item into a state that conforms with the Purchase Agreement free of charge and without undue delay, according to the Buyer’s requirements, either by replacing the item or repairing the item. If this is not possible, the Buyer has the right to request a reasonable discount from the price of the item or to withdraw from the Purchase Agreement. This does not apply if the Buyer knew of the defect prior to taking over the item or if the Buyer caused the defect. In the case of an acknowledged complaint, in a situation where it is not possible to replace the Goods or to remove the defect, the monies paid for the Goods, including the amount of shipping and packing costs, will be credited to the Buyer’s account (with the exception of any additional amounts associated with the delivery of the Goods resulting from the fact that the Consumer selected a delivery option for the Goods that is different from the cheapest standard delivery method offered by the Seller in accordance with Section 1832 (2) of the Civil Code).
12.1.4. The timeframe for processing the complaint shall be interrupted in the event that the Seller does not receive all of the supporting materials required for processing the complaint (namely any part of the Goods and/or any required documentation – section 12.1.1.). The Seller is obliged to request the Buyer to provide additional materials within the shortest possible timeframe after the Buyer lodges the complaint. The processing timeframe is interrupted starting at the time this request is made until such time that the Buyer delivers the requested materials.
12.1.5. The Seller shall notify the Buyer that the complaint has been processed by sending an e-mail to the address specified in the submitted Order or provided by the Buyer at the time the complaint is lodged.
- Personal Data Protection
13.1. The personal data of a Buyer (individual) and any individuals representing a Buyer (legal entity) are stored in accordance with the valid legislation of the Czech Republic, namely Act No. 101/2000 Coll., on the protection of personal data, as amended.
13.2. At the time that the persons named in the preceding paragraph enter into a Purchase Agreement, they agree that their personal data may be collected and processed in the Seller’s database. This consent may be revoked at anytime in writing.
13.3. The personal data will be stored and collected solely for the purposes of entering into the Purchase Agreement, the delivery of the Goods and/or Services in accordance with the Purchase Agreement, the processing of complaints and any related tasks, and for the Seller’s archival purpose for maintaining information about completed sales. The data may also be used for the purpose of providing possible discounts and other benefits to the Seller’s customers.
13.4. The customer’s personal data is fully protected against misuse. The Seller shall not provide the personal data of its customers to any third parties. The Seller may provide only the personal data that is required for the delivery of the goods to the transporter.
13.5. Once a Purchase Agreement is made, it is archived by the Seller in electronic format and is accessible only to the Seller and to the Buyer upon request.
- Sending of Commercial Messages and Storing Cookies
14.1. The Buyer agrees that information regarding the Goods, Services, and the Seller’s business as well as the Seller’s commercial messages may be sent to the Seller’s e-mail.
14.2. The Buyer agrees that cookies may be stored on their computer. If it is possible to make a purchase via the website and if the Seller is able to fulfill their obligations ensuing from the Purchase Agreement without storing cookies on the Buyer’s computer or other comparable equipment, the Buyer has the right to revoke the consent granted on the basis of the previous statement at any time.
- Concluding Provisions
All contractual relationships entered into by the Seller as the first party and the Buyer as the second party are governed by the legal code of the Czech Republic, these Business Terms and Conditions, an any other relevant regulations of the Seller with which the applicable person has expressed their consent. Should any of the provisions of these Business Terms and Conditions become invalid or unenforceable, this shall have no effect on the validity and enforceability of the remaining provisions contained in these Business Terms and Conditions.
These Business Terms and Conditions allow the Buyer to make copies and to archive them. Immediately at the time that the Purchase Agreement is made, the Buyer accepts all of the provisions of the Business Terms and Conditions that are valid on the date when the Order is submitted, including the price of the ordered Good(s) and/or Services as specified in the confirmed Order, unless it has been provably agreed otherwise.
The Seller’s authorization to sell the Goods is based on the Trade license whereas the sale in the E-shop is not subject to other authorization. The trade control is carried by the appropriate Trade office authority.
The Seller is not in relation to the Consumer bound by any Code of conduct.
The Seller is subject to control by the Czech Trade Inspection Authority.
These Business Terms and Conditions enter into force on September 19, 2017.