General Terms and Conditions
Almara Soap, s.r.o.
Place of business:
Ve Žlíbku 1800/77, 193 00 Prague - Horní Počernice
Identification number: 087 30 601
VAT ID: CZ08730601
registered in the commercial register maintained by the Municipal Court in Prague, file no. C 324146
(hereinafter referred to as the "Seller").
for the sale through the online store located at the internet address www.almarasoap.com
Contact details of the Seller:
Delivery address:
Almara Soap, s.r.o.
Ve Žlíbku 1800/77, 193 00 Prague - Horní Počernice
(hereinafter referred to as the "Contact Address")
Email address:
info@almarasoap.com
(hereinafter referred to as the "Contact Email")
Phone:
(+420) 605 864 306
(hereinafter referred to as the "Contact Phone")
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Introductory Provisions
- These terms and conditions (in accordance with § 1751 of Act No. 89/2012 Coll., Civil Code, as amended, hereinafter referred to as the "Civil Code") apply to purchases made in the online store "Almara Soap" through the web interface located at www.almarasoap.com (hereinafter also referred to as the "store web interface") operated by the Seller.
- The terms and conditions define and specify the basic rights and obligations of the Seller, Buyer, and User. By using the website www.almarasoap.com, the User expressly agrees to these terms and conditions in the parts relating to the use of the mentioned website and to the conditions for the protection of personal data. By sending an order, the Buyer also confirms in the store web interface that they accept these terms and conditions as a whole and that they are familiar with them. The purchase agreement, i.e., the terms and conditions including the order and its acceptance will be sent to the Buyer by email or printed by post immediately after the conclusion of the purchase agreement or will be attached to the goods at the latest upon delivery of the goods to the Buyer.
- Provisions differing from the terms and conditions can be agreed upon in the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of the terms and conditions.
- The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language unless the Buyer and Seller explicitly agree on another language. These terms and conditions are displayed in the store web interface and during the ordering of goods, allowing for their archiving, reproduction, storage, and repeated display by the User, which the User acknowledges and undertakes to keep the terms and conditions for later repeated display during the ordering of goods.
- All contractual relationships are governed by the terms and conditions and relationships not regulated by them are governed by the Civil Code, and if the contractual party is a consumer, by Act No. 634/1992 Coll., on Consumer Protection, as amended.
- In cases where a person intending to purchase goods from the Seller acts in the course of their business activity or in the course of their self-employed profession or is a legal entity, the consumer protection provisions according to these terms and conditions do not apply to them, especially the relevant provisions of Article 5 – Withdrawal from the Purchase Agreement.
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Definitions
- The Buyer is a natural or legal person who intends to purchase goods through the store web interface. According to the applicable legal regulation, a distinction is made between a Buyer who is not a consumer and a Buyer who is a consumer.
- A consumer is any person who, outside the scope of their business activity or outside the scope of their self-employed profession, enters into a contract with an entrepreneur or otherwise engages with them.
- A User is any natural or legal person who visits the store web interface. The Buyer is also a User.
- The goods sold through the store web interface include soaps, natural cosmetics, home fragrances, scented candles, and supplementary assortment and other related goods specified in more detail in the store web interface.
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Order and Conclusion of the Purchase Agreement
- If the store web interface allows it, the Buyer can order goods without registering on the store web interface, i.e., directly through the store web interface or through email communication with the Seller by sending an order to the Seller's contact email or by telephone order on the Seller's contact phone. An order without registration (an order made by email or by phone) must contain the exact name of the ordered goods (possibly the numerical designation of the goods) and the quantity of goods and the Buyer's details (name and surname, delivery address, phone number, email address). If the store web interface allows it, the User can access their user interface based on their registration on the store web interface. From their user interface, the User can place an order for goods (hereinafter referred to as the "user account").
- User Account
- When registering and when ordering goods (when using the user account and otherwise), the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account without delay upon any change. The information provided by the Buyer in the user account and when ordering goods is considered correct and current by the Seller.
- Access to the user account is secured by a username and password, about which and other information necessary for access to the user account, the Seller is obliged to maintain confidentiality and acknowledges that the Seller is not responsible for any breach of this obligation by the User. The User is not entitled to allow any use of the user account by third parties.
- The Seller may cancel the user account, especially in cases where the User has not used their user account for more than 1 year, or in cases where the User violates their obligations from the relevant purchase agreement (including these terms and conditions).
- The User acknowledges that the user account may not be available continuously, especially regarding the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third-party hardware and software.
- The store web interface contains a list of goods and information about them, including the prices of individual goods. The prices of goods are stated including all taxes (including VAT), customs, and other fees. The stated prices do not include prices and costs for packaging, transportation, or delivery of goods to the Buyer. Information about the costs associated with packaging and transportation or delivery of goods is included in the store web interface and Article 4 of these terms and conditions, with the price in the store web interface taking precedence in case of disputes. These prices apply only in cases where the goods are delivered within the territory of the Czech Republic (unless explicitly stated otherwise in the store web interface).
- The prices of the presented goods and the prices for packaging, transportation, and delivery remain valid for as long as they are displayed in the store web interface. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined unless the Seller explicitly states otherwise.
- The Seller's ability to conclude a purchase agreement under individually agreed conditions with the Buyer is retained.
- The presentation of goods placed in the store web interface is informative in nature and does not constitute an offer from the Seller (i.e., it is not a proposal to conclude a contract; § 1732 paragraph 2 of the Civil Code does not apply). The Seller is not obliged to conclude a purchase agreement regarding such presented goods. An offer marked as "promotional" is valid until stocks are exhausted or until the end of such an offer specified in the store web interface or until the offer is revoked or until the next update of the offer. The Seller provides various types of discounts. Each discount has rules for application. If a discount or voucher is applied by the Buyer contrary to the rules of the given discount or voucher, the Seller has the right to refuse such application of the discount or voucher. In such a case, the Buyer will be informed and will be offered the option to process the order without this discount or applied voucher. The rules and conditions for applying a specific discount or marketing action are stated either directly with the discount or marketing action in the form of information, or a link is provided with the discount or marketing action to the store web interface, where the rules for the discount or marketing action are described in detail.
- To order goods, the Buyer fills out the order form (or provides the relevant information when communicating by phone or email) in the store web interface, which contains especially information about:
- the ordered goods (the Buyer "adds" the ordered goods to the electronic shopping cart of the store web interface, indicates its quantity, possibly the designation of goods according to the items in the Seller's presentation/catalog, its size, and color),
- the method of payment for the purchase price of the goods, details of the requested method of delivery of the ordered goods including the delivery address,
- identification and contact details of the Buyer, including billing information (if required); and
- information about the costs associated with packaging, transportation, or delivery of goods
(hereinafter collectively referred to as the "order").
- Before sending the order to the Seller, the Buyer is allowed to check and change the details they have entered into the order, including the possibility for the Buyer to identify and correct errors made before and during the data entry into the order. The Buyer submits the order to the Seller by clicking the "SUBMIT ORDER" button. The information provided in the order is considered correct by the Seller. The Seller will promptly confirm receipt of the order to the Buyer by email, to the email address provided by the Buyer in the order or in their user account (in case of discrepancies, the address in the order takes precedence; hereinafter referred to as the "Buyer's email address"), provided that unless stated otherwise in the confirmation, this confirmation is not itself an acceptance of the order in the sense of paragraph 3.j. of these terms and conditions, i.e., it does not constitute a conclusion of the purchase agreement.
- The Seller is always entitled to request additional confirmation of the order or verification of the Buyer's identity (for example, in writing, by fax, or by phone). If the order or the identity of the Buyer is not confirmed or verified by the Buyer at the Seller's request, the order is considered invalid and the purchase agreement will not be concluded. In case of any deficiencies being found, especially incompleteness or inconsistency of the data about the persons authorized to order goods, the Seller is entitled to disregard the order. The Seller is entitled to reject (i.e., disregard) an order that does not meet substantial requirements or to return it for completion and provide a reasonable time for this. The expiration of this time results in the order being regarded as if it had never been delivered.
- The contractual relationship between the Seller and the Buyer arises (i.e., the purchase agreement is concluded) upon delivery of the acceptance of the order (acceptance; hereinafter referred to as "order acceptance") sent by the Seller to the Buyer by email, to the Buyer's email address, and if this does not occur, then by payment of the entire purchase price or by the Buyer's acceptance of the ordered goods, whichever occurs first. The order acceptance may be part of the confirmation of receipt of the order according to paragraph 3.h. (if explicitly stated in the confirmation), or it may follow this confirmation separately.
- The Buyer acknowledges that the Seller is not obliged to conclude a purchase agreement, especially with persons who have previously violated a purchase agreement (including the terms and conditions).
- The Buyer agrees to the use of means of distance communication when concluding the purchase agreement. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase agreement (primarily costs for internet connection, costs for phone calls) are borne by the Buyer. These costs do not differ from the basic rate.
- By the purchase agreement, the Seller undertakes to deliver to the Buyer the goods specified in the order, and the Buyer undertakes to accept this goods from the Seller or the carrier chosen by the Seller and to pay the Seller the purchase price of the goods specified in the order.
- In the event of an obvious technical error on the part of the Seller in stating the price of the goods in the store web interface or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly erroneous price even if the Buyer has been sent an order acceptance according to paragraph 3.j. of these terms and conditions.
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The Seller will inform the Buyer if the price stated for the goods in the store web interface or during the ordering process is no longer current. If the Buyer does not agree to the price increase, both the Seller and the Buyer may withdraw from the purchase agreement.
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The Buyer may cancel orders that have not yet been confirmed by the Seller according to paragraph 3.j. by phone or email to the Seller's contact phone number or email address. All orders received by the Seller according to paragraph 3.10 are binding. Even a binding order can be canceled after prior agreement with the Seller. If the order is not canceled before dispatch and is dispatched, the Buyer may be required to compensate for the costs associated with dispatch and return of goods incurred due to the cancellation of the order. For goods made to measure or according to the Buyer's request, the order can only be canceled until the moment the goods begin to be produced.
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Payment and Delivery Conditions
- Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packaging and delivery of goods, the amount of which is stated in the store web interface and will be stated in the order and its acceptance. Unless explicitly stated otherwise, the purchase price also includes these costs associated with the delivery of goods.
- The Buyer has the option to pay the purchase price for the goods to the Seller by one of the following methods:
- cash payment – upon personal collection at the Seller's contact address;
- cash payment – upon sending goods by cash on delivery (by post or to the Zásilkovna branch);
- bank transfer to the Seller's account specified on the Seller's website (hereinafter referred to as the "Seller's Account");
- cashless payment through the Payment Gateway using any of the following payment cards usable for online payments: Visa, Visa Electron, Mastercard, Mastercard Electronic, and Maestro
- Any additional payments by the Buyer in connection with the above methods of payment for the goods are stated in the store web interface, in the order, and will be stated in the acceptance of the order.
- The method of payment will be indicated by the Buyer in the order (where any additional payments in connection with the chosen payment method will also be indicated).
- The payment for goods is charged in Czech crowns (CZK).
- The Seller generally does not require an advance payment on the purchase price of the goods or a similar payment. In justified cases (especially for orders with a total price above CZK 5,000), they may do so. The Seller is entitled to require payment of the entire price of the goods before dispatch or delivery to the Buyer (§ 2119 paragraph 1 of the Civil Code does not apply).
- In the case of cash payment or cash on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within three days of sending the order.
- In the case of cashless payment, the Buyer is obliged to pay the purchase price for the goods along with the indication of the variable symbol of the payment – the order number. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
- If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document – invoice to the Buyer regarding payments made based on the purchase agreement. The Seller is a VAT payer. The tax document – invoice will be issued by the Seller to the Buyer after the purchase price for the goods has been paid and sent electronically to the Buyer's email address.
- Goods that are in stock will be handed over by the Seller to the carrier no later than 3 working days after receipt of the order in the case of cash on delivery. In the case of payment by bank transfer, the Seller will hand over the goods to the carrier no later than 3 working days after the relevant amount is credited to their account. Partial delivery of the ordered goods is permissible, provided that no contrary agreement has been made.
- Goods that are not in stock will be shipped as soon as possible. The Buyer will be informed in advance of the exact date. If, for objective reasons (the goods are no longer manufactured, the supplier has stopped supplying the goods, its price has significantly increased, or the costs of delivery have increased), it is not possible to deliver under the original conditions, or the performance becomes objectively impossible, or if the Buyer has not settled all obligations to the Seller due on the date of the order, the Seller has the right to withdraw from the purchase agreement. The Buyer will be promptly informed of the withdrawal from the purchase agreement. If the Buyer has already fully or partially paid the purchase price, the received amount will be refunded to the account provided by the Buyer for this purpose or the account from which the funds were transferred to pay the purchase price (if the Buyer does not provide any within 3 days of withdrawal), within 5 days of withdrawal from the purchase agreement.
- Goods marked as "Goods for reservation" can only be ordered based on a reservation made through the user account. The preliminary delivery date of the goods will be communicated to the Buyer via email. The Buyer has the right to cancel the reservation within three days of sending the preliminary delivery date of the goods. If they do not do so, the reservation becomes binding. To make a reservation, the Seller is entitled to require from the Buyer a deposit of up to 100% of the price of the goods. If the Buyer does not collect the ordered goods within 30 days from the day they were informed about the possibility of collection, the Seller has the right to use the deposit to cover the expenses incurred in connection with the delivery and storage of the goods, but no more than the amount of the deposited deposit. If the Seller is unable to deliver the reserved goods, the procedure according to Article 4.k. of these terms and conditions will apply.
- The methods of delivery of goods are stated in the store web interface. The specific method of delivery of goods will be chosen by the Buyer in the order and confirmed by the Seller in the acceptance of the order.
- The costs of delivery of goods depending on the method of dispatch and receipt of the goods are stated in the store web interface, will be stated in the Buyer's order and in the acceptance of the order by the Seller. When ordering goods with a total value above a certain amount, the delivery costs may be free. Information about the amount of this amount can be found by the User on the e-shop's web interface.
- If the Buyer does not accept the goods or withdraws from the purchase agreement in accordance with these terms and conditions, the Seller is entitled to compensation