Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE MONIEL.CZ E-SHOP

These general terms and conditions (“Terms”) of Moniel s.r.o., with its registered office at Vánková 897/13, Prague 8 – Čimice, 181 00, Company ID No. 17662036, registered in the Commercial Register under file no. 374639 C maintained by the Municipal Court in Prague, e-mail zakaznici@moniel.cz, telephone number +420 722 153 120 (“We” or “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you as buyers and us as sellers arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded through the E-shop on the website www.moniel.cz.

All information on the processing of your personal data is contained in the Privacy Policy, which can be found here: https://moniel.cz/podminky-ochrany-osobnich-udaju/.

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms.

As you surely know, we primarily communicate remotely. Therefore, the Agreement is also concluded using means of distance communication that allow us to reach an agreement without the simultaneous physical presence of both parties, and the Agreement is thus concluded remotely within the E-shop environment via the website interface (“E-shop web interface”).

If any part of the Terms conflicts with what we have mutually agreed upon during your purchase process in our E-shop, the specific agreement shall prevail over the Terms.

1. SOME DEFINITIONS
   • Price means the financial amount you will pay for the Goods;
   • Delivery price means the financial amount you will pay for the delivery of the Goods, including packaging costs;
   • Total price means the sum of the Price and the Delivery price;
   • VAT means value added tax in accordance with applicable legal regulations;
   • Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total price;
   • Order means your irrevocable proposal to conclude an Agreement for the purchase of Goods with us;
   • User account means an account created on the basis of the data you provide, allowing the storage of entered data and the history of ordered Goods and concluded Agreements;
   • You means the person purchasing Goods in our E-shop, referred to as the buyer under legal regulations;
   • Goods means everything that can be purchased in the E-shop.
2. GENERAL PROVISIONS AND INFORMATION
   • Goods can only be purchased via the E-shop web interface.
   • When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information you provided when ordering the Goods to be correct and truthful.
3. CONCLUSION OF THE AGREEMENT
   • The Agreement with us may only be concluded in Czech, Slovak or English.
   • The Agreement is concluded remotely via the E-shop, while you bear the costs of using distance communication means. However, these costs do not differ from the standard rate you pay for using these means (especially internet access), therefore you should not expect any additional fees charged by us beyond the Total price. By submitting the Order, you agree to the use of distance communication means.
   • In order for us to conclude the Agreement, you must create a draft Order in the E-shop. The draft must include the following information:
     1. Information about the purchased Goods (in the E-shop you select the Goods you are interested in purchasing using the “Přidat do košíku” button);
     2. Information about the Price, Delivery price, payment method for the Total price and the requested method of delivery of the Goods; this information will be entered during the creation of the draft Order in the E-shop user environment, while the information about the Price, Delivery price and Total price will be displayed automatically based on the Goods selected and the chosen delivery method;
     3. Your identification and contact details necessary for the delivery of the Goods, in particular your first name, last name, delivery address, telephone number and e-mail address;
     4. In the case of an Agreement under which Goods will be delivered to you regularly and repeatedly, also information on how long the Goods will be supplied.
   • During the creation of the draft Order, you may change and check the entered data until the Order is created. After checking the Order by clicking the “Objednávka zavazující k platbě” or “Odeslat objednávku” button, the Order is created. Before clicking the button, you must confirm that you have read and agree with these Terms; otherwise, it will not be possible to create the Order. A checkbox is used to confirm your consent. After clicking the “Objednávka zavazující k platbě” button, all completed information will be sent directly to us.
   • We will confirm your Order as soon as possible after it has been delivered to us by sending a message to the e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms. The confirmation of the Order by us results in the conclusion of the Agreement between you and us. The Terms valid on the date of the Order form an integral part of the Agreement.
   • There may be cases where we cannot confirm the Order. This mainly concerns situations where the Goods are not available or where you order a larger number of Goods than is permitted by us. Information about the maximum quantity of Goods will always be provided within the E-shop in advance and should therefore not be surprising. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. The Agreement is concluded at the moment you confirm our offer.
   • If an obviously incorrect Price is stated within the E-shop or in the draft Order, we are not obliged to deliver the Goods at such Price even if you have received confirmation of the Order and thus the Agreement has been concluded. In such a case, we will contact you without undue delay and send you an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded when you confirm our offer. If you do not confirm our offer within 3 days of sending it, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price means, for example, a situation where the Price does not correspond to the usual price with other sellers or a digit is missing or extra.
   • If the Agreement is concluded, you are obliged to pay the Total price.
   • If you have created a User account, you may place the Order through it. Even in such a case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. The method of creating the Order is identical to that of a buyer without a User account, but the advantage is that you do not need to repeatedly fill in your identification details.
   • In some cases, we allow the use of discounts when purchasing Goods. In order to receive the discount, you must enter the discount details in the designated field within the draft Order. If you do so, the Goods will be provided with the discount.
4. USER ACCOUNT
   • Based on your registration within the E-shop, you may access your User account.
   • When registering a User account, you are obliged to provide all data correctly and truthfully and update it in case of any changes.
   • Access to the User account is secured by a username and password. You are obliged to maintain confidentiality regarding these access details and not provide them to any third party. In case of misuse, we bear no responsibility.
   • The User account is personal and you are not entitled to allow third parties to use it.
   • We may cancel your User account, especially if it has not been used for more than 60 months or if you breach your obligations under the Agreement.
   • The User account may not be available continuously, especially with regard to necessary maintenance of hardware and software.
5. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
   • The Price is always stated within the E-shop, in the draft Order and, of course, in the Agreement. In the event of any discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be identical to the price in the Agreement. The Delivery price or conditions under which delivery is free of charge are also stated in the draft Order.
   • The Total price is stated including VAT and all fees required by law.
   • We will require payment of the Total price after the conclusion of the Agreement and before handing over the Goods. Payment of the Total price may be made in the following ways:
     1. Bank transfer. Payment details will be sent to you in the Order confirmation. In the case of payment by bank transfer, the Total price is due within 7 days.
     2. Online card payment. In this case, payment is made via the GoPay payment gateway and is governed by the terms of this payment gateway available at: https://www.gopay.com/. In the case of online card payment, the Total price is due within 3 days.
     3. Cash on delivery. In this case, payment is made upon delivery of the Goods. In the case of cash on delivery, the Total price is due upon receipt of the Goods.
     4. Cash upon personal collection. Cash payment is possible when collecting the Goods at our premises. In the case of cash payment upon personal collection, the Total price is due upon receipt of the Goods.
     5. Apple Pay. In this case, payment is made via Apple Pay and is governed by the terms available at: https://www.apple.com/cz/apple-pay/. In the case of online payment, the Total price is due within 3 days.
   • The Invoice will be issued electronically after payment of the Total price and sent to your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User account.
   • Ownership of the Goods passes to you only after the Total price has been paid and the Goods have been received. In the case of payment by bank transfer, the Total price is deemed paid when credited to our account; in other cases, at the moment the payment is made.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
   • The Goods will be delivered according to your choice, and you may choose from the following options:
     1. Personal collection at our premises;
     2. Personal collection at pick-up points of Zásilkovna, Uloženka;
     3. Delivery via transport companies DPD, Zásilkovna, Česká pošta, PPL CZ, DHL, Toptrans or delivery arranged by the E-shop;
   • Goods may be delivered within the Czech Republic, Slovakia or other countries listed in the “Země doručení” list in the Delivery & Payment step.
   • The delivery time of the Goods always depends on their availability and on the selected delivery and payment method. The estimated delivery time will be communicated to you by e-mail in the Order confirmation, by telephone or by e-mail after Order confirmation. The time stated in the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you by e-mail when the Goods are ready for collection.
   • Upon receipt of the Goods from the carrier, you are obliged to check the integrity of the packaging and, in case of any defects, immediately inform the carrier and us. If the packaging is damaged in a way indicating unauthorized handling, you are not obliged to accept the Goods from the carrier.
   • If you breach your obligation to accept the Goods, except in cases under Article 4 of the Terms, this does not constitute a breach of our obligation to deliver the Goods to you. Failure to accept the Goods is not considered withdrawal from the Agreement between us and you. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of the Agreement. If we exercise this right, the withdrawal becomes effective on the day it is delivered to you. Withdrawal from the Agreement does not affect our right to reimbursement of delivery costs or damages, if any occurred.
   • If, for reasons on your side, the Goods are delivered repeatedly or in a different manner than agreed in the Agreement, you are obliged to reimburse the costs associated with such repeated delivery. Payment details for these costs will be sent to your e-mail address provided in the Agreement and are due within 14 days of delivery of the e-mail.
   • The risk of damage to the Goods passes to you at the moment you receive them. If you do not accept the Goods, except in cases under Article 4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to accept them but did not do so for reasons on your side. Transfer of the risk of damage means that from that moment you bear all consequences related to loss, destruction, damage or deterioration of the Goods.
   • If the Goods were not listed as in stock in the E-shop and an estimated availability time was indicated, we will always inform you in case of:
     1. extraordinary interruption of production of the Goods, in which case we will always inform you of the new expected availability time or the fact that the Goods cannot be delivered;
     2. delay in delivery of the Goods from our supplier, in which case we will always inform you of the new expected delivery time.
   • If we are unable to deliver the Goods within 30 days after the expiry of the delivery time stated in the Order confirmation, both you and we are entitled to withdraw from the Agreement.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
   • We guarantee that at the time of transfer of the risk of damage to the Goods under Article 7 of the Terms, the Goods are free from defects, in particular that:
     1. they have the properties agreed between us and you, and if not expressly agreed, then those described in the description of the Goods or those that can be expected with regard to the nature of the Goods;
     2. they are suitable for the purposes stated by us or for purposes usual for this type of Goods;
     3. they correspond in quality or workmanship to the agreed sample if the quality or workmanship was determined according to a sample;
     4. they are in appropriate quantity and weight;
     5. they comply with the requirements imposed by legal regulations;
     6. they are not encumbered by third-party rights.
   • Rights and obligations regarding defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
   • If the Goods have a defect, especially if one of the conditions under Article 1 is not met, you may notify us of such defect and exercise your rights arising from defective performance (i.e., file a complaint) by sending an e-mail or letter to our contact details. You may also use the sample complaint form provided by us, which forms Annex No. 1 to the Terms. When exercising rights from defective performance, you must choose how you wish the defect to be resolved, and you may not subsequently change this choice without our consent, except in cases under Article 7.4. We will handle the complaint in accordance with the right you have exercised. If you do not choose the method of resolution, you have the rights listed in Article 7.5 even in cases where defective performance constituted a material breach of the Agreement.
   • If defective performance constitutes a material breach of the Agreement, you have the following rights:
     1. to have the defect remedied by delivery of new Goods without defect or delivery of the missing part of the Goods;
     2. to have the defect remedied by repair of the Goods;
     3. to a reasonable discount from the Price;
     4. to withdraw from the Agreement.

If you choose resolution according to points a) or b) and we do not remedy the defect within a reasonable period specified by us, or we inform you that we will not remedy the defect in this manner at all, you have the rights under points c) and d), even if you did not originally request them in the complaint. At the same time, if you choose removal of the defect by repair of the Goods and we determine that the defect is irreparable, we will inform you and you may choose another method of resolving the defect.

• If defective performance constitutes a non-material breach of the Agreement, you have the following rights:
  1. to have the defect remedied by delivery of new Goods without defect or delivery of the missing part of the Goods;
  2. to have the defect remedied by repair of the Goods;
  3. to a reasonable discount from the Price.

However, if we do not remedy the defect in time or refuse to remedy the defect, you have the right to withdraw from the Agreement. You may also withdraw from the Agreement if you cannot properly use the Goods due to repeated occurrence of defects after repair or due to a larger number of defects in the Goods.

• In the case of both material and non-material breach, you may not withdraw from the Agreement or request delivery of a new item if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:
  1. if the condition of the Goods has changed as a result of inspection to determine the defect;
  2. if the Goods were used before the defect was discovered;
  3. if the impossibility of returning the Goods in unchanged condition was not caused by your actions or omissions;
  4. if the Goods were sold, consumed or modified in normal use before the defect was discovered; however, if this occurred only partially, you are obliged to return the part that can be returned, and in such case you will not be refunded the part of the Price corresponding to the benefit obtained from use of the part of the Goods.
• Within 3 days of receiving the complaint, we will confirm by e-mail that we have received the complaint, when it was received and the expected time for processing the complaint. We will process the complaint without undue delay, no later than within 30 days of its receipt. The period may be extended by mutual agreement. If the period expires in vain, you may withdraw from the Agreement.
• We will inform you of the result of the complaint by e-mail. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. These costs must be proven, e.g. by receipts or confirmation of delivery costs. If the defect was remedied by delivery of new Goods, you are obliged to return the original Goods to us, while we bear the cost of such return.
• If you are an entrepreneur, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than within three days from receipt of the Goods.
• If you are a consumer, you have the right to exercise rights arising from defective performance for defects that occur in consumer Goods within 24 months of receipt of the Goods.
• Provisions regarding liability for defects shall not apply in the case of:
  1. Goods sold at a lower Price for the defect for which the lower Price was agreed;
  2. wear and tear caused by normal use of the Goods;
  3. used Goods for defects corresponding to the level of use or wear that the Goods had when received;
  4. if it follows from the nature of the Goods.

8. WITHDRAWAL FROM THE AGREEMENT
   
   • Withdrawal from the Agreement, i.e. termination of the contractual relationship between us and you from the beginning, may occur for the reasons and in the manner specified in this article or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
   • If you are a consumer, i.e. a person purchasing Goods outside the scope of business activity, you have the right in accordance with Section 1829 of the Civil Code to withdraw from the Agreement without giving any reason within 14 days from the date of delivery of the Goods. If the Agreement concerns several types of Goods or delivery of several parts of Goods, this period begins on the day of delivery of the last part of the Goods, and if the Agreement provides for regular and repeated delivery of Goods, the period begins on the day of delivery of the first delivery. You may withdraw from the Agreement by any demonstrable means (in particular by sending an e-mail or letter to our contact details). You may also use the sample withdrawal form provided by us, which forms Annex No. 2 of the Terms.
   • Even as a consumer, you may not withdraw from the Agreement in cases where the subject of the Agreement is:
     1. Goods whose Price depends on fluctuations in the financial market independent of our will and which may occur during the withdrawal period;
     2. delivery of alcoholic beverages which may be delivered only after thirty days and whose Price depends on fluctuations in the financial market independent of our will;
     3. Goods customized according to your wishes or for your person;
     4. Goods subject to rapid deterioration or Goods irreversibly mixed with other goods after delivery;
     5. Goods in sealed packaging which, after opening, cannot be returned for hygienic reasons;
     6. delivery of audio or video recordings or computer software if the original packaging has been damaged;
     7. delivery of newspapers, periodicals or magazines;
     8. delivery of digital content not supplied on a tangible medium if supplied with your prior express consent before expiry of the withdrawal period and we informed you that you have no right of withdrawal.
   • The withdrawal period is considered observed if you send us a notice of withdrawal within that period.
   • In the event of withdrawal from the Agreement, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which the payment was received or to another account specified in the withdrawal. However, the amount will not be refunded earlier than the Goods are returned to us or you prove that the Goods have been sent back to us. Please return the Goods clean, undamaged, unworn, unwashed and, if possible, in the original packaging.
   • If you withdraw from the Agreement, you are obliged to send the Goods back to us within 14 days from withdrawal and you bear the costs associated with returning the Goods to us. You are entitled to reimbursement of delivery costs only up to the amount corresponding to the cheapest delivery method offered by us. If withdrawal occurs due to our breach of the Agreement, we bear the costs associated with returning the Goods, again only up to the amount corresponding to the cheapest offered delivery method.
   • You are liable for any reduction in value of the Goods resulting from handling them in a manner other than necessary considering their nature and characteristics. We will charge the incurred damage after the Goods are returned to us and the payment due date is 14 days. If we have not yet refunded the Price, we are entitled to offset the claim for damages against your claim for refund.
   • We are entitled to withdraw from the Agreement at any time before delivery of the Goods if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons arising from the nature of the Goods), even before the expiry of the period stated in Article 9 of the Terms. We may also withdraw from the Agreement if it is evident that you intentionally provided incorrect information in the Order. If you purchase Goods within your business activity, we are entitled to withdraw from the Agreement at any time, even without stating a reason.
9. CONSUMER DISPUTE RESOLUTION
   • We are not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
   • We handle consumer complaints via the e-mail address zakaznici@moniel.cz. Information about the complaint resolution will be sent to the buyer’s e-mail address.
   • The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and the buyer who is a consumer under a purchase agreement concluded electronically.
   • The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.
10. FINAL PROVISIONS
    • If our legal relationship contains an international element (for example, we deliver Goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, this does not affect your rights arising from legal regulations.
    • All written correspondence will be delivered electronically. Our e-mail address is stated in our identification details. We will deliver correspondence to your e-mail address stated in the Agreement, in the User account or through which you contacted us.
    • The Agreement may only be amended on the basis of our written agreement. However, we are entitled to change and supplement these Terms, but such change shall not affect already concluded Agreements, only Agreements concluded after the change becomes effective. We will inform you of the change only if you have a User account (so that you are informed when placing a new order) or if we are to supply Goods to you regularly and repeatedly under the Agreement. Information about the change will be sent to your e-mail address at least 14 days before the change becomes effective. If we do not receive notice of termination of the Agreement for regular and repeated delivery of Goods within 14 days of sending the information about the change, the new Terms become part of the Agreement and apply to the next delivery of Goods after the change becomes effective. The notice period is 2 months.
    • In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not liable for damage caused as a result of or in connection with force majeure, and if the force majeure situation lasts longer than 10 days, both you and we have the right to withdraw from the Agreement.
    • Annexes to the Terms include a sample complaint form and a sample withdrawal form.
    • The Agreement including the Terms is archived electronically by us but is not accessible to you. However, you will always receive these Terms and the Order confirmation containing a summary of the Order by e-mail and will therefore always have access to the Agreement even without our cooperation. We recommend saving the Order confirmation and the Terms.
    • These Terms become effective on 26 October 2022.

Annex No. 1 – Complaint form

Recipient: Moniel s.r.o., Vánková 897/13, Prague 8 – Čimice 181 00, Company ID: 176 62 036 – THIS ADDRESS IS NOT INTENDED FOR SENDING PARCELS, IT IS A BILLING ADDRESS.

PLEASE SEND PARCELS WITH CLAIMED GOODS TO OUR PREMISES: Moniel s.r.o., Do Čertous 2760/10, Prague 9 - Horní Počernice, 193 00. E-mail: zakaznici@moniel.cz, courier phone number: +420 702 161 512.

Complaint claim

Date of conclusion of the Agreement:
Name and surname:
Address:
E-mail address:
Claimed Goods:
Description of defects:
Proposed method of complaint resolution or bank account number for refund:

At the same time, I request confirmation of the complaint stating when the complaint was made, its content, my claim including the date and method of resolution.

Date:

Signature:

Annex No. 2 – Withdrawal from Agreement form

Recipient: Moniel s.r.o., Vánková 897/13, Prague 8 – Čimice 181 00, Company ID: 176 62 036 – THIS ADDRESS IS NOT INTENDED FOR SENDING PARCELS, IT IS A BILLING ADDRESS.

PLEASE SEND PARCELS WITH RETURNED GOODS TO OUR PREMISES: Moniel s.r.o., Do Čertous 2760/10, Prague 9 - Horní Počernice, 193 00. E-mail: zakaznici@moniel.cz, courier phone number: +420 702 161 512.

I hereby declare that I withdraw from the Agreement:

Date of conclusion of the Agreement:
Name and surname:
Address:
E-mail address:
Specification of Goods to which the Agreement relates:
Method of refund or bank account number:

If the buyer is a consumer, they have the right, if they ordered Goods via the Moniel s.r.o. e-shop (“Company”) or other distance communication method, except in cases listed in Section 1837 of Act No. 89/2012 Coll., Civil Code, as amended, to withdraw from the concluded purchase agreement within 14 days of receipt of the Goods without giving any reason and without penalty. The buyer informs the Company of withdrawal in writing at the Company’s premises address or electronically via the e-mail specified in the form.

If the buyer who is a consumer withdraws from the purchase agreement, they shall send or hand over the Goods received from the Company without undue delay, no later than 14 days from withdrawal.

If the buyer who is a consumer withdraws from the purchase agreement, the Company shall return without undue delay, no later than 14 days from withdrawal, all funds (purchase price including delivery costs) received under the purchase agreement, using the same method. If the buyer selected a delivery method other than the cheapest offered, the Company shall reimburse delivery costs only up to the amount of the cheapest offered delivery method. The Company is not obliged to return the funds before the Goods are returned or proof of dispatch is provided.

Date:

Signature: