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Terms and conditions

Article I

Preliminary Provisions

I.1 These terms and conditions shall come into force on 1 January 2014 and shall apply to the conclusion of sales contracts between Buzz, s.r.o., Prague 5 – Smíchov, Zborovská 1074/30, postcode 150 00, the Czech Republic (hereinafter referred to as “the Seller”) and the Buyer, concluded in connection with or on the basis of the purchase of goods from the Seller’s range in the Seller’s online shop at www.urbanlux.at (“the Online Shop”), or services offered and provided by the Seller to the Buyer in connection with the offering and sale of goods.

I.2 These Terms and Conditions are in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code, as currently in force (hereinafter referred to as “the Civil Code”), and form an integral part of every purchase contract concluded between the Seller and the Buyer via the Online Shop in accordance with the procedure set out in Article II of these Terms and Conditions (hereinafter referred to as the “Purchase Contract”), unless the Buyer and the Seller have expressly agreed otherwise.

I.3 Unless expressly agreed otherwise in these terms and conditions or between the parties, the rights and obligations of the parties relating to goods shall also apply to the provision of services.

I.4 These terms and conditions also apply to the conclusion of any contracts of sale between the Seller and the Buyer, concluded between the Seller and the Buyer by means of distance communication (i.e. by telephone, fax, email, etc.).

I.5 The Seller may at any time amend or supplement the content of these terms and conditions. However, this provision does not affect the rights and obligations arising from sales contracts concluded before the new terms and conditions come into force.

Article II

Method of concluding a sales contract

II.1 The online shop contains an offer of goods which the Seller offers for sale. Each offer for a specific product also includes the product’s designation and a description of its characteristics, material composition, the final price in Czech currency including all taxes and charges, stock availability, delivery costs, and information on how to use the product, where necessary due to its nature. This does not affect the possibility for the Seller and the Buyer to conclude a contract of sale on individually agreed terms.

II.2 For the avoidance of doubt, where the subject of the Seller’s offer in the online shop is services or similar provisions, the provisions of these terms and conditions relating to the sale of goods shall apply mutatis mutandis, unless expressly stated otherwise.

II.3 The Buyer places the selected goods, which form part of the online shop’s offer and which they intend to purchase, into the shopping basket. Once the Buyer has logged in – that is, after entering their identification details, selecting the delivery method and the payment method for the selected goods – the Buyer is informed of the final purchase price, which comprises the total of the prices for the selected goods placed in the shopping basket, including all related services, taxes or other charges, and the delivery cost for those goods.

II.4 Before submitting (confirming) the order, the Buyer may, at any time, check and amend the details entered in the order. By submitting the order, the Buyer accepts the Seller’s offer regarding the goods and services placed in the online shop’s basket, agrees to these terms and conditions, and makes an irrevocable offer to the Seller to conclude a contract of sale.

II.5 The Seller is entitled to refuse an order that has not been placed in accordance with these terms and conditions without the Seller’s consent, or to return it to the Buyer for completion and set a reasonable deadline for this. If this deadline passes without the order being completed, the Buyer’s order shall be deemed never to have been placed.

II.6 Immediately upon accepting the Buyer’s order, the Seller shall confirm its acceptance by email to the email address provided by the Buyer when registering their user account or in the order.

II.7 The contract of sale between the Seller and the Buyer is concluded upon delivery of the confirmation of acceptance of the Buyer’s order by the Seller, which gives rise to the Seller’s obligation to provide and deliver the goods and services in accordance with the contract of sale and these terms and conditions, whilst the Buyer is obliged to take delivery of these goods and the related services and to pay the agreed price.

II.8 For the avoidance of doubt, the sales contract is not concluded if the Buyer’s order is not accepted by the Seller or is accepted subject to conditions. The Buyer acknowledges that the Seller is under no obligation to conclude a sales contract with the Buyer, in particular if the Buyer is a person who has previously materially breached a sales contract or these terms and conditions, or a person who is in arrears with payment of outstanding liabilities to the Seller.

II.9 The Seller reserves the right not to supply the selected goods to the Buyer in exceptional circumstances, in particular where the online shop has, by mistake, provided clearly incorrect or non-standard information, especially regarding the selected Goods, their price or delivery date, or if the Goods are sold out and permanently unavailable from the supplier. In such cases, the Seller undertakes to refund to the Buyer the amount paid under the purchase contract.

II.10 By entering into the purchase contract, the Buyer agrees to these terms and conditions and declares that they had the opportunity to familiarise themselves with them prior to its conclusion. These terms and conditions are available to the Buyer at any time at: www.urbanlux.pl/regulamin and are also sent to the Buyer as an attachment to an email together with the order confirmation (acceptance) in accordance with Article 2.6 of these terms and conditions.

II.11 Any costs incurred by the Buyer in connection with the use of means of distance communication in relation to the conclusion and performance of the Purchase Agreement shall be borne exclusively by the Buyer.

Article III

Terms of delivery and payment

III.1 The Seller undertakes to hand over the goods to the relevant postal carrier for dispatch within three to five working days of the purchase price and costs being credited to the Seller’s account (account held with ČSOB, account no.: 238160872/0300), provided the goods are in stock. In the case of goods not in stock, the delivery and payment terms will be agreed individually between the Seller and the Buyer.

III.2 Delivery and payment methods, unless otherwise stated in the online shop:

III.2.1 Delivery of goods. The goods will be delivered using one of the available delivery methods. Delivery takes place at the address specified in the order. Title to the goods passes to the Buyer upon receipt of the goods.

  • Goods are dispatched as a commercial parcel via PPL or Zásilkovna and delivered to the Buyer’s address specified in the order. Orders are usually processed within 3–5 working days. Postage and packaging costs within the Czech Republic are free of charge if the total value of the order exceeds 1,500 CZK; otherwise, a postage and packaging fee is charged at the rate specified at the time of purchase in the online shop.
  • Should the Buyer, for any reason, fail to collect the parcel on time, the Seller will resend it at the Buyer’s request; otherwise, uncollected parcels will be automatically cancelled by the Seller.

III.2.2 Payment for delivered goods: Payment for the goods shall be made by the Buyer on delivery, i.e. paid by the Buyer to the carrier upon handover of the goods at the Buyer’s address or at the relevant Czech Post branch, by bank transfer or via online payment through the Shopify Payments gateway.

III.3 In the event of damage to the goods during transport by the carrier, the Buyer is obliged to draw up a report on the damage to the transported goods together with the carrier and to refuse to accept the delivered goods.

If damage caused during transport is only discovered by the Buyer after collection of the goods, the Buyer must immediately, and at the latest within 24 hours of delivery, notify the Seller of this fact by sending an email to info@urbanlux.pl.

III.4 The Buyer is obliged to take delivery of the ordered goods and to inspect them thoroughly at the time of collection. The Buyer shall confirm receipt of the goods in writing on the delivery note, confirming in particular that the quantity and type of goods received correspond to the details specified in the delivery note. If it is not possible to inspect the goods at the time of collection, the Buyer is obliged to do so immediately after collection and to report any defects found to the Seller in accordance with Article V of these terms and conditions.

III.5 The prices of the goods are valid at the time the order is placed and are quoted in Czech koruna, inclusive of the applicable VAT rate, and correspond to the prices listed in the online shop. Delivery charges are calculated in accordance with the relevant provisions of Article 3.2 of this Agreement.

III.6 In the event of an exchange of goods, where there is a price difference between the goods originally delivered and the new goods, the Seller is not obliged to refund the price difference to the Buyer.

Article IV

Withdrawal from the contract of sale without giving a reason

IV.1 The Buyer has the right to withdraw from the purchase contract within 14 days, commencing upon receipt of the goods. Withdrawal from the purchase contract shall also be deemed effective if, on the last day of the withdrawal period, a notice is sent to the Seller at the following address: Buzz, s.r.o., Ringhofferova 115/1 (Siemens site), 155 21 Prague 5 – Zličín. In the event of withdrawal from the contract, the Seller recommends that the Buyer use the model withdrawal form or draft a letter with the following wording: “I hereby withdraw from the contract dated (please state the date of purchase as per the proof of purchase) without giving any reason and request a refund of the purchase price of the goods to the address or bank account (please state the account number)”. Please include the date, the Buyer’s full name and their signature. The Buyer requests that the Seller does not send the returned goods on a cash-on-delivery basis. Should the Buyer withdraw from the purchase contract, the purchase contract shall be deemed void ab initio.

IV.2 If the Buyer withdraws from the purchase contract, they shall, without undue delay and no later than 14 days from the date of withdrawal, send or hand over to the Seller the goods they received from the Seller. The Buyer shall confirm the origin of the goods by enclosing proof of purchase or a warranty card (if included with the goods) or another document confirming the conclusion of the purchase contract. The costs associated with returning the goods shall be borne by the Buyer.

IV.3 In the event that the Buyer withdraws from the purchase contract, the Seller shall, without undue delay and no later than 14 days from the date of withdrawal from the purchase contract, refund to the Buyer all monies (the purchase price of the delivered Goods) together with the delivery costs received from the Buyer under the purchase contract, using the same method of payment. The Seller is not obliged to refund the funds received to the Buyer before the Goods have been returned to the Seller or before it has been demonstrated that the Goods have been dispatched to the Seller.

IV.4 However, if, when ordering the Goods, the Buyer chose a delivery method other than the cheapest one offered by the Seller in its online shop, the Seller shall refund the Buyer the delivery costs for the Goods only up to the amount corresponding to the cheapest delivery method offered.

IV.5 The Buyer is obliged to return the goods in their original packaging or in packaging that prevents damage to the goods during transport, in a complete condition, together with all accessories supplied with the goods. The Buyer shall be liable to the Seller for any reduction in the value of the Goods resulting from handling them in a manner other than that necessary, having regard to their nature and characteristics, or for any wear and tear or damage to the Goods going beyond what would normally be expected when trying out the Goods during a normal purchase in a high-street shop.

IV.6 The Buyer may not withdraw from the purchase contract in the case of goods which have been customised in accordance with the Buyer’s wishes or for the Buyer’s personal use; goods that are liable to deteriorate rapidly, as well as goods that have been irreversibly mixed with other goods following delivery; goods in sealed packaging which the Buyer has unsealed and which cannot be returned for hygiene reasons. The Buyer may also not withdraw from a contract of sale concerning the supply of audio or video recordings or computer software if they have breached the original packaging; the supply of digital content, if it was not supplied on a tangible medium and was supplied with the Buyer’s prior express consent before the expiry of the withdrawal period; from a contract for the provision of services, if these have been performed with the Buyer’s prior express consent before the expiry of the withdrawal period for that contract; and from a contract for repair or maintenance carried out at a location specified by the Buyer at their request.

IV.7 Cosmetic products that have been opened, used or have damaged original packaging cannot be returned. Goods may only be returned if: they have not been opened, their original packaging is intact, and they show no signs of use. Should the returned cosmetic product bear any signs of having been opened or used, we reserve the right to refuse the return.

Article V

Liability for defects and quality guarantee

V.1 The Seller is liable to the Buyer to ensure that the goods sold comply with the contract of sale and, in particular, are free from defects. In particular, the Seller is liable to the Buyer to ensure that, at the time of collection, the goods possess the characteristics agreed between the parties and, in the absence of such agreement, the characteristics described by the Seller or the manufacturer, or those expected by the Buyer given the nature of the goods and on the basis of the advertising carried out by them, that the goods are fit for the purpose stated by the Seller as the intended use of the goods or for which goods of this kind are normally used; that the goods correspond in quality or workmanship to an agreed design or prototype, if the quality or workmanship has been specified in accordance with an agreed design or prototype; that the goods are of the correct quantity, measure or weight; and that the goods comply with the requirements of the law.

V.2 If a defect becomes apparent within six months of acceptance, the goods shall be deemed to have been defective at the time of acceptance. The Buyer is entitled to make a claim in respect of any defect in the goods that arises within twenty-four months of acceptance.

V.3 The Seller grants the Buyer a quality guarantee for a period of 24 months from the date of acceptance of the goods, guaranteeing to the Buyer that the goods will, during that period, be fit for their normal or agreed purpose or that they will retain their normal or agreed properties. Stating the guarantee period or the shelf life of the Goods on the packaging or in an advertisement has the same effect. If the sales contract and the guarantee statement specify different guarantee periods, the longer of the two shall apply. However, if the parties agree on a warranty period other than that stated on the packaging as the shelf life, the agreement between the parties shall take precedence.

V.4 The buyer may submit a complaint by post, sending it to the address: Buzz, s.r.o., Ringhofferova 115/1 (Siemens premises), 155 21 Prague 5 – Zličín, or via email to info@urbanlux.pl.

In the event of a complaint, the buyer must confirm the origin of the goods by presenting an invoice, a sales contract or an order confirmation, or a warranty card if one was issued for the goods in question. If the buyer is unable to provide the necessary documents, they are obliged to prove that a sales contract was concluded by other means. The buyer may also specify how they wish to resolve the complaint (refund, replacement of the goods, etc.).

V.5 If the goods do not possess the agreed or customary characteristics in accordance with Article 5.1 of these terms and conditions, the Buyer may demand delivery of new goods free from defects, provided this is not disproportionate given the nature of the defect; however, if the defect concerns only part of the goods, the Buyer may only demand replacement of that part; if this is not possible, the Buyer may withdraw from the purchase contract. However, if this is disproportionate given the nature of the defect, in particular if the defect can be remedied without undue delay, the Buyer is entitled to have the defect remedied free of charge. The Buyer is entitled to the supply of new goods or the replacement of a part even in the case of a rectifiable defect, if they are unable to make proper use of the goods due to the defect recurring after repair or due to the presence of multiple defects. In such a case, the Buyer is also entitled to withdraw from the contract of sale. If the Buyer does not withdraw from the contract of sale or does not exercise their right to the supply of new goods free from defects, the replacement of parts or the repair of the goods, they may demand an appropriate price reduction. The Buyer is also entitled to an appropriate price reduction if the Seller is unable to supply new goods free from defects, replace parts or repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if remedying the defect would cause significant difficulties for the Buyer.

V.6 The Seller is obliged to provide the Buyer with confirmation stating when the Buyer exercised their right, the subject of the complaint and the manner in which the Buyer wishes the complaint to be resolved. The Seller is also obliged to issue a written document confirming the resolution of the complaint, stating the date and manner of its resolution, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

V.7 A complaint regarding goods, including the rectification of a defect, must be dealt with without delay; in complex cases, no later than within three (3) working days from the date the complaint was lodged; in justified cases, particularly where a more complex technical assessment of the condition of the goods or service is required, no later than within thirty (30) days from the date the complaint was lodged; within this period, the Seller is obliged to inform the Buyer of how the complaint has been dealt with. Once this period has expired, the Buyer has the same rights as in the case of a defect that cannot be rectified.

V.8 In the event of the loss of the crocodile-shaped button that connects the strap to the Crocs shoe, there is no need to make a complaint – simply send an email to info@urbanlux.pl and request a replacement button, which the Seller will dispatch without undue delay to the address provided by the Buyer.

V.9 If the Buyer receives goods other than those ordered, they are entitled to an exchange. The costs associated with the exchange shall be borne by the Seller.

V.10 The quality guarantee and the Buyer’s claims for defective workmanship do not apply in the case of Goods

V.10.1 sold at a reduced price due to a defect for which the reduced price was agreed,

V.10.2 wear and tear of the Goods resulting from their normal use,

V.10.3 in the case of second-hand Goods with a defect corresponding to the degree of wear and tear or deterioration that the Goods had at the time of collection by the Buyer,

V.10.4 where the use of the Goods was inconsistent with the user manual or resulted from the nature of the item;

V.10.5 which have been wholly or partially consumed (e.g. batteries, etc.).

Article VI

Protection of Personal Data

VI.1 The protection of the personal data of the Buyer, who is a natural person, is ensured under Act No. 101/2000 Coll. on the Protection of Personal Data, as amended.

VI.2 The rules governing the processing of personal data, including the storage of so-called cookies on the Buyer’s computer, are set out in a separate document, the Privacy Policy, to which the Buyer consents as part of each individual order.

VI.3 The Buyer acknowledges that they consent to the processing of their personal data by the Seller to the extent, for the purposes and for the period specified in the Rules on the Processing of Personal Data.

VI.4 The Buyer consents to the sending of information relating to the Seller’s goods, services or business activities to the Buyer’s email address, and also consents to the sending of commercial communications by the Seller to the Buyer’s email address. The Buyer may easily withdraw this consent by replying to any individual message.

Article VII

Final Provisions

VII.1 All legal relations between the Seller and the Buyer are governed by the law of the Czech Republic. Matters not covered by the Purchase Agreement or these terms and conditions are governed by the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended.

VII.2 Where the Buyer is not a consumer within the meaning of Section 419 of the Civil Code, the provisions of Articles IV and V of these Terms and Conditions shall not apply, and the Buyer shall be entitled only to statutory rights to the extent specified by the applicable legal provisions.

VII.3 Materials published on the online shop may be protected by copyright. The products and services listed on the website, information about them and their presentation may be protected by other intellectual property rights of the relevant parties. The names and designations of products, services, firms and companies may be registered trade marks of their respective owners.

VII.4 The Buyer is entitled to the out-of-court resolution of any disputes arising from the contract with the Seller in accordance with Section 20d et seq. of Act No. 634/1992 Coll. on Consumer Protection, as amended, through the Czech Trade Inspection Authority (www.coi.cz). The Buyer also has the right to resolve any disputes arising from the purchase contract out of court, which they may initiate online via the European Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr).

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