Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions apply to an online shop available from the Internet address of the seller www.hanajanaswimwear.com (also referred to as the "e-shop") operated by Jana Bedřichová, Nový Jičín-Loučka, Jičínská 157, ZIP code 741 01 Czech Republic.

The terms and conditions further define and specify the rights and obligations of the seller, such as Jana Bedřichová., with its registered office at Jicinska 157, Novy Jicin-Loucka, ZIP code 741 01, ID NO: 06335179, registered in the Trade Register at Municipal authority in Novy Jicin and the buyer (customer, consumer).

All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the consumer is a party, the relations not governed by the commercial conditions are governed by the Civil Code (No. 89/2012 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.). If a contractor is a contractor, the relations not governed by the business conditions are governed by the Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as "NZO").

1. Introductory provisions

1.1

These Business Terms and Conditions (hereinafter referred to as "Business Terms") of Jana Bedřichová. with registered office at Jičínská 157,  ZIP code 741 01, Nový Jičín, Czech Republic, ID NO: 06335179 (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract ("Purchase Agreement") concluded between the Seller and another natural or legal person ("Buyer") via the seller's internet store. The e-shop is operated by the seller at www.hanajanaswimwear.com via the web interface (hereinafter referred to as the "web interface of the shop").

1.2

The Business Terms also govern the rights and obligations of the parties in using the Seller's Website located at www.hanajanaswimwear.com (the "Website") and other related legal relationships. Business information is also published on the website.

1.3

Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions. Business Terms and Conditions take precedence over provisions on the website.

1.4

The terms and conditions of the Business Terms and Conditions are an integral part of the Purchase Agreement, in the version effective on the date of its conclusion.

2. Closing the Purchase Agreement

2.1

The web interface of the store includes a list of goods offered for sale by the seller, including the prices of the individual goods offered. All prices are final as we do not pay VAT, however a shipping cost will be automatically calculated at the checkout. Price may change depending on your localisation. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms. All offers for the sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.

2.2

The store's web interface also includes information on the cost of packing and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid in cases when the goods are delivered within the territory of the Czech Republic and ROW.

2.3

To order the goods, the buyer completes the order form in the web interface of the store. In particular, the order form includes information about: ordered goods (ordered goods "inserted" by the buyer into the electronic shopping cart of the web interface of the store), the method of payment of the purchased price of the goods, data on the required method of delivery of the ordered goods and information on the costs related to the delivery of the goods as "order").

2.4

Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the "Submit order" button. The data listed in the order are deemed correct by the seller. On receiption of the order, the Seller will acknowledge receiption to the buyer by e-mail to the buyer's email address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").

2.5

The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).

2.6

The contractual relationship between the seller and the buyer arises by accepting the order(s). The order is accepted by handing the goods to the first carrier or by sending a message to the buyer that the goods are ready to be picked up at the seller's premises. Everything that the parties to the Purchase Agreement provide before the order is accepted as an advance.

2.7

The Buyer notes that the seller is not obliged to conclude a sales contract, especially with persons who have previously substantially violated the sales contract (including business terms).

2.8

The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.

3. Price of goods and payment terms

3.1

The buyer may pay the seller the following goods in the following manner: the price of the goods and any costs associated with the delivery of the goods under the purchase contract:

  • by Credit Card via GoPay and PayPal;
  • by Bank Transfer (Account Number: 290102152/2010 , Owner of account: Jana Bedrichova, Bank Name: FIO BANK , Account Seller);

3.2

Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.

3.3

The purchase price is payable within 5 business days at the latest when the goods are taken over.

3.4

Any discounts on the price of goods provided by the seller to the buyer can not be combined.

4. Withdrawal from the Purchase Agreement

4.1

Except as provided in Section 1837 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code") or in other cases where the buyer can not withdraw from the purchase contract, the buyer shall, in accordance with by the provision of Section 1829 of the Civil Code, have the right to withdraw from the purchase contract within 14 (fourteen) days of receipt of the goods. Withdrawal from the purchase contract must be delivered to the Seller verifiably within 14 (fourteen) days of receipt of the goods, to the address of the seller's premises. You can use the sample resignation form below to resign

Notice of withdrawal:

Jana Bedrichova, registered office at Jicinska 157, 741 01 Novy Jicin-Loucka, Czech Republic, ID NO: 06335179, e-mail: info@hanajanaswimwear.com, Phone: + 420 602 808 820

I, the undersigned, hereby declare that I wish to exercise my right of withdrawal/cancellation in relation to the contract for the purchase of the product below:

  • Goods Name (*)
  • Order date (*) / date of receipt (*)
  • Name and Last Name
  • Address of the buyer
  • Signature of the buyer (only if this form is sent in paper form)
  • Date
  •  

    4.2

    In the case of withdrawal from the contract, the purchase agreement is abolished from the outset. Goods must be sent or handed over to the Seller without undue delay, no later than 14 (fourteen) days after withdrawal. Goods must be returned to the seller undamaged and unused and in the original packaging as per the "Return & Exchanges" section of the e-shop interface.

    4.3

    Buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to the buyer's claim for damages to the buyer. The seller is entitled to indemnify one party against the buyer's claim for repayment of the purchase price. The provisions of Section 1833 of the Civil Code are thus not affected.

    5. Carriage and delivery of goods

    5.1

    The method of transport and delivery of goods is selected by the buyer in the order. The conditions of transportation and delivery are listed on the website.

    5.2

    The seller is obliged to deliver the goods to the place of delivery either by himself or by the carrier and the buyer is obliged to accept the goods on delivery.

    5.3

    If the buyer does not acknowledge the reception of the goods in due time, the package will be returned at the nearest buyer's post office, where it will be kept for a maximum period of 1 (one) week. After this delay the package will be automatically returned to the seller, which will cancel the contract. This arrangement does not prevent the parties from concluding, for example, by exchanging electronic correspondence a new contract of sale with the same subject of performance.

    5.4

    Upon receipt of the goods from the carrier, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods complies with all terms and conditions, and any later complaint about the shipment may not be taken into account.

    6. Rights of defective performance

    6.1

    The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by applicable generally binding regulations (in particular, Section 2099 et seq. Of the Civil Code).

    6.2

    Seller is liable to the buyer for the goods sold to be in conformity with the sales contract, in particular, that it is defective. By agreement with a sales contract, it is understood that the goods are in quantity, quality and execution.

    6.3

    If the goods have a defect in the buyer's possession, the buyer is entitled to a defective performance under Section 2099 of the Civil Code.

    7. Other rights and obligations of the parties

    7.1

    The buyer acquires ownership of the goods by paying the full purchase price of the goods.

    7.2

    Buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by copyright. Buyer undertakes not to engage in any activity that may allow him / her or third parties to tamper with or improperly use the software or other components that constitute the web interface of the store.

    7.3

    Buyers are not authorized to use mechanisms, software, or other practices that may negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store may only be used to the extent that it is not at the expense of the rights of the other customers of the seller and is in accordance with its intended purpose.

    7.4

    Buyer acknowledges that the seller is not responsible for any errors resulting from third-party attacks on a website or the use of a website contrary to their intended use.

    7.5

    If the goods are not received by the buyer from the seller within 1 month from the creation of the order and the payment, the order is canceled and the money is sent back to the buyer's account.

    8. Privacy and Sending Business Messages

    8.1

    The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number, date of birth, user information about its web interface behavior, setting of used programs, internet behavior and so-called cookies (collectively, all as "personal data") for the marketing and business purposes of the vendor and third parties.

    8.2

    The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of sending information and business communications to the Seller. By processing the buyer's personal data, the seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to the third party by the seller without the buyer's prior consent.

    8.3

    The Buyer acknowledges that he is required to state his or her personal data (when registering on a web page, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his personal information without undue delay.

    8.4

    Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.

    8.5

    The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data. The Purchaser declares having been advised that the consent to the processing of personal data may be revoked by the Seller in writing to the Seller's address.

    8.6

    If the buyer requests information on the processing of his or her personal data, the seller is required to provide this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.

    8.7

    The buyer agrees to send information related to the seller's goods, services or business to the buyer's electronic address and agrees to send the sales announcements to the buyer's electronic address. By creating a user account (registration), the buyer agrees to receive commercial offers for completion of incomplete purchases and for completion of a purchase contract for goods placed by the buyer into the electronic shopping cart of the web interface of the store, but not subsequently ordered.

    8.8

    The supervisory and supervisory authority for the area of personal data protection responsible for Personal Data Protection is located in Prague, to which the buyer may apply in case of violation of the protection of his personal data by the seller.

    9. Gift Cards

    The "HJ Gift Card" is an electronic gift card only that has prepaid currency loaded onto it to be spent on www.hanajanaswimwear.com only. After the payment confirmation, the buyer will receive a unique code with an electronic "HJ Gift Card" within 12hours which can be used on any products in accordance with these terms and conditions.

    • If the amount of your online "HJ Gift Card" does not cover the total order amount, you will need to pay the remainder of the purchase using another payment method.
    • If the total amount of your order is less than the "HJ Gift Card" value, the remainder of the "HJ Gift Card" value will therefore be lost.
    • All "HJ Gift Card" can only be used once.
    • Online "HJ Gift Card" are non-transferable, non-refundable and are not redeemable for cash.
    • We cannot replace lost or stolen online "HJ Gift Card", nor will we extend expired gift cards.
    • Should The Customer return items bought with the use of the "HJ Gift Card", hanajanawimwear will, at its discretion - Issue a refund by way of credit to their gift card up to the value of the gift card amount redeemed, and by regular refund for the value exceeding the value of the gift card, should the returns be received prior to the gift card expiry date; or issue no refund should the returns be received after the gift card expiry date, except where the refund amount exceeds the value of the gift card, in which case they will be refunded the difference between the total refund amount due and the value of the gift card.
    • All purchased "HJ Gift Card" are valid for 12 months from the date of purchase unless stated otherwise.
    • We reserve the right to cancel any "HJ Gift Card" for any reason at any time without notice. In such instances we will elect to provide a refund or a replacement gift card.

    10. Final Provisions

    10.1

    Out of court settlement of consumer disputes arising from sales contracts concluded in accordance with these Business Terms and Conditions, the Czech Trade Inspection is located at Štěpánská 567/15, 120 00, IČO: 000 20 859, Internet address: www.coi.cz. By launching an out-of-court settlement of the dispute, the buyer's right to contact supervisors and state supervisors is not affected.

    10.2

    Unless otherwise agreed, all correspondence relating to the Purchase Agreement shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). Withdrawal from the contract must be delivered to the seller in writing in paper form. The buyer is contacted using the email address listed in his user account or previsouly communicated to the seller.

    10.3

    If the relationship related to the use of the website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.

    10.4

    If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of a provision is not affected by the other provisions. Changes and additions to the sales contract or business terms require a written form.

    10.5

    Contact details of the seller: Jana Bedrichova, registered office at Jicinska 157, 741 01 Novy Jicin-Loucka, Czech Republic, ID NO: 06335179, e-mail: info@hanajanaswimwear.com Phone: + 420 602 808 820

    10.6

    These Terms and Conditions come into effect on May 25, 2018.