Terms and Conditions | SPACE FLUID

TERMS AND CONDITIONS

INTRODUCTORY PROVISIONS
1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the trading company Space Fluid s.r.o. with registered office at Polská 46, Praha 2, Czechia, EU Identification number 11966050 registered in the Commercial Register under C 357163, kept at the Municipal Court in Prague (hereinafter referred to as the "Seller") for the sale of goods via the online shop located at www.spacefluid.com, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), stipulates the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another customer (hereinafter referred to as the "Buyer") through the Seller's online shop.
2. The online shop is operated by the Seller on the website located at www.spacefluid.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
3. Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession (hereinafter referred to as “B2B").
4. Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions. The Terms and Conditions are an integral part of the Purchase Agreement. The Seller may change the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
5. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
USER ACCOUNT
1. Upon registration of the Buyer on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.
2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
4. The buyer is not entitled to allow third parties to use the user account.
5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for a longer period of time or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
6. The Buyer acknowledges that the user account may not be available continuously, especially regarding the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
CONCLUSION OF THE PURCHASE CONTRACT
1. All presentation of goods placed in the web interface of the shop is informative and the Seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
2. The web interface of the shop contains information about the goods, including the prices of the individual goods and the costs for returning the goods if they cannot be returned by the usual postal method. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms.
3. The web interface of the shop also contains information about the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.
4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
  1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
  2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
  3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
  4. Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Order and Pay" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
  5. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
  6. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
  7. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
PRICE OF GOODS AND PAYMENT TERMS
1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
  1. in cash at the seller's premises;
  2. cash upon delivery at the place specified by the buyer in the order;
  3. cashless via PayPal and Wix;
  4. cashless by credit card;
  5. through a loan granted by a third party.
2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods. The Buyer shall be notified on chosen means of delivery and all related costs before submitting the Order.
3. The Seller processes the personal data of the customers for the purpose of personalizing price on the basis of an automated system. In the event that the price for the goods is calculated in this way, the Seller shall inform the Buyer of this on summary the order, no later than the order is submitted.
4. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
5. In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods.
6. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
7. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
8. No discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
9. The Buyer acquires ownership of the goods by paying the full purchase price of the goods. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code upon delivery.
10. If it is customary in commercial relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice to the Buyer in respect of payments made on the basis of the Purchase Contract.
11. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the buyer's e-mail address automatically in English, on request in Czech.
TRANSPORT AND DELIVERY OF GOODS
1. If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer bears costs associated hereto, or the costs associated with a different method of delivery.
4. The Seller is not responsible for the loss of the parcel caused by the delivery person.
5. The Buyer is obliged to check the integrity of the packaging of the goods no later than upon delivery. In the event of any defects to the parcel or shipment or the damaged packaging in a way that indicates unauthorised intrusion into the shipment, the Buyer is obliged to immediately notify the carrier to have right to refuse the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.
6. Other rights and obligations of the parties regarding delivering of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
RIGHTS FROM DEFECTIVE PERFORMANCE
1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
2. The Seller shall be liable to the Buyer that the goods are free from defects upon delivery. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
  1. the goods have the characteristics agreed by the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
  2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
  3. the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
  4. the goods are in the appropriate quantity, measure or weight; and
  5. the goods comply with the requirements of the legislation.
3. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.
4. The seller is liable for defects that the goods already been defective upon delivery and the defect become apparent during one (1) year from delivery.
5. The Seller shall have obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer continue. The Buyer is otherwise entitled to exercise the right of defect that occurs in the consumer goods within twenty-four months from delivery. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the Buyer has rightly accused the seller of a defect in the goods, the period for exercising rights under the defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
6. The provisions referred to in Article 6.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect, wear and tear of the goods which was the reason behind lower price. Also the wear and tear caused by usual and corresponding and purposeful use of the goods or caused by nature of the goods, the provisions referred to in the Article 6.2 of the Terms and Conditions shall not apply.
7. The Buyer is not entitled to the right of defective performance if the Buyer knew before delivering the goods that the goods were defective or if the buyer caused the defect.
8. The rights of liability for defects in the goods shall be exercised with the Seller. If, however, the certificate issued by the Seller regarding the scope of the rights of liability for defects (within the meaning of Section 2166 of the Civil Code) indicates another person designated for repair who is in the place of the Seller or in a place closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to carry out the repair. Except in cases where another person is designated to carry out the repair pursuant to the preceding sentence, the Seller shall be obliged to accept the claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or at the Seller's registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated by the Seller to carry out the repair.
9. Buyer may specifically exercise his/her rights under the liability for defects in the goods in person at the address, by telephone at the number or by e-mail at.
10. The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.
11. If the goods do not have the characteristics set out in Article 6.2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the goods, the Buyer may only demand the replacement of the part; if this is not possible, the Buyer may withdraw from the contract. If, however, this is disproportionate in view of 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 also entitled to the delivery of new goods or the replacement of a part in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of parts or to repair of the goods, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to supply new goods without defects, replace a part of the goods or repair the goods, or if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulty to remedy the defect.
12. Whoever has a right under § 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.
13. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
WITHDRAWAL FROM THE PURCHASE CONTRACT
1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Buyer´s rights to withdrawal from the Purchase Contract in the period of fourteen (14) days shall not apply on contracts specified thereto.
2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the Purchase Contract cannot be withdrawn from,
3. The Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code. The withdrawal from the Purchase Contract must be sent to the Seller within the period hereof. For withdrawal from the Purchase Contract, the Buyer may use the template in the Annex No. 1 of the Terms and Condition.
4. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees, and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
6. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
7. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time up to the time of acceptance of the goods by the Buyer. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
8. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1. Consumer complaints are handled by the Seller via the electronic address info@spacefluid.com. The Seller shall send information about the handling of the Buyer's complaint to the Buyer's electronic address.
2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869 (https://adr.coi.cz/cs) , is competent alternative disputes resolutions body for the out-of-court settlement of consumer disputes arising from the Purchase Contract.
3. The Buyer also can pursue rights through the online dispute resolution platform of The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2 at http://ec.europa.eu/consumers/odr. As a contact point serves the addres at http://www.evropskyspotrebitel.cz 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 and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
PROTECTION OF PERSONAL DATA
1. Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Seller's public law obligations by means of a separate document.
SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
1. The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
2. The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.
FINAL PROVISIONS
1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
3. Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
4. A sample form for withdrawal from the purchase contract is attached to the Terms and Conditions.
5. Contact details of the Seller´s business premises:
  Space Fluid s.r.o.,
  Polská 46, 120 00 Prague
  info@spacefluid.com,
6. The seller is not responsible for any allergic reaction or other health complications of the customer. The packaging states that the perfume should be tested on a small piece of skin before use. This is to prevent an adverse allergic reaction.