Shop rules

General terms and conditions

I.

General provisions

• These General Business Terms and Conditions (the "Terms") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll.

In White Praga

ID: 18001581

TIN: CZ18001581

legal address: Plzeňská 394/70 ,150 00 Praha 5

registered at the Municipal Court in Prague, section C, entry 379923

contact details:

e-mail: info@inwhite.cz

phone: +420 773 719 175

web: inwhite.cz

(hereinafter referred to as the "Seller")

• These Terms and Conditions regulate the mutual rights and obligations of the Seller and an individual who enters into a purchase agreement outside of his/her business activity as a consumer or within his/her business activity (hereinafter referred to as the "Buyer") through the web interface available on the website at inwhite.cz (hereinafter referred to as the "online store").
• The provisions of these Terms are an integral part of the purchase agreement. Any provisions of the purchase agreement that differ from these Terms shall prevail over the provisions of these Terms.
• These Terms and Conditions and the Purchase Agreement are in the Czech language.

II.

Product and price information

• Information about the goods, including prices for individual goods and their main characteristics, is indicated in the catalog of the online store. Prices for goods are inclusive of value added tax, all related fees and costs for returning goods if they cannot be returned by ordinary postal means by their nature. Prices for goods remain valid during the period when they are displayed in the online store. This provision does not exclude the possibility of concluding a sales contract on individually agreed terms.
• The entire presentation of the goods placed in the catalog of the online store is for informational purposes only, and the seller is not obliged to enter into a sales contract in respect of these goods.
• Information about the costs associated with the packaging and delivery of goods is published in the online store. The information on the costs related to the packaging and delivery of the goods published in the online store is valid only in cases where the goods are delivered within the Czech Republic.
• Any discounts on the purchase price of goods cannot be combined with each other unless the seller and the buyer agree otherwise.

III.

Ordering and concluding a sales contract

• The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the sale and purchase agreement (Internet connection costs, telephone call costs) shall be borne by the buyer. These costs do not differ from the base rate.
• The buyer orders goods in the following ways:
  
  • through your customer account if you have previously registered in the online store,
  • by filling out the order form without registration.
    
• When placing an order, the buyer chooses the product, the number of items, the payment and delivery method.
• Before sending the order, the Buyer can check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the ORDER button. The information provided in the order is considered correct by the Seller. The validity of the order depends on the completion of all mandatory data in the order form and confirmation by the Buyer that he has read these terms and conditions.
• Immediately upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address specified by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase agreement is concluded only after the Seller receives the order. A notification of order acceptance is sent to the Buyer's e-mail address. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address specified by the Buyer when placing the order. This confirmation is considered to be the conclusion of the contract. The Seller's current terms and conditions are attached to the confirmation. The sale and purchase agreement is concluded by the Seller confirming the order to the Buyer's e-mail address.
• If any of the requirements specified in the order cannot be fulfilled, the Seller shall send the Buyer an amended offer to the Buyer's e-mail address. The amended offer shall be deemed a new offer of the purchase agreement, and the purchase agreement shall be concluded by the Buyer confirming acceptance of this offer to the Seller at his e-mail address specified in these Terms.
• All orders accepted by the Seller are binding. The Buyer may cancel the order before receiving a notification of acceptance of the order by the Seller. The Buyer may cancel the order by calling the phone number or e-mail of the Seller specified in these Terms.
• In the event of an obvious technical error on the part of the Seller when specifying the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously erroneous price, even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms. The Seller is obliged to notify the Buyer of the error without undue delay and send the Buyer an amended offer to the Buyer's e-mail address. The amended offer shall be deemed a new offer to conclude a sale and purchase agreement, and the sale and purchase agreement shall be concluded in this case by confirming its receipt by the Buyer to the Seller's e-mail address.

IV.

Personal account of the client

• Based on the customer's registration in the online store, the customer gets access to his/her personal account. From his/her personal account, the customer can order goods. The customer can also order goods without registration.
• When registering for a customer account and ordering goods, the customer 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 changes. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
• Access to the Buyer's personal account is provided by a username and password. The buyer is obliged to keep confidential the information required to access his account. The seller is not responsible for any misuse of the buyer's account by third parties.
• The Buyer has no right to allow third parties to use the personal account.
• The Seller may delete the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement or these Terms.
• The Buyer acknowledges that the user account may not be available continuously, especially in connection with the necessary maintenance of the Seller's hardware and software or the necessary maintenance of the hardware and software of third parties.

V.

Terms of payment and delivery of goods

• The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the sale and purchase agreement in the following ways:
  
  • by bank transfer to the seller's bank account No. 6520156399/0800 opened in the Czech Republic,
  • cashless payment by credit card,
  • by bank transfer to the seller's account through the payment terminal 6520156399/0800
  • cash on delivery,
  • in cash or by credit card upon personal collection in the shop,
  • in cash or by credit card upon personal collection in the shop,
• In addition to the purchase price, the buyer must pay the seller the costs of packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs of delivery of the goods.
• In the case of cash payments, the purchase price shall be paid upon receipt of the goods. In the case of non-cash payments, the purchase price is payable within 1 day from the date of the purchase agreement.
• If paying through a payment gateway, the buyer must follow the instructions of the respective electronic payment provider.
• In the case of a cashless payment, the buyer's obligation to pay the purchase price is deemed to be fulfilled when the relevant amount is credited to the seller's bank account.
• The Seller does not require the Buyer to pay a deposit or other similar payments in advance. Payment of the purchase price before shipment of the goods is not a deposit.
• According to the Law on Sales Accounting, the seller is obliged to issue a receipt to the buyer. At the same time, they must register the sales with the tax administrator online, and in the event of a technical failure, within 48 hours.
• The goods are delivered to the buyer:
• to the address specified by the buyer in the order
• via a post office to the address of the post office specified by the buyer,
• personal receipt at the seller's premises.
• You can choose the delivery method when placing your order.
• The cost of delivery of the goods, depending on the method of shipment and receipt of the goods, is indicated in the Buyer's order and in the Seller's order confirmation. If the delivery method is agreed upon at the specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this delivery method.
• If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order under the Sale and Purchase Agreement, the Buyer shall accept the goods upon delivery. If, for reasons on the part of the Buyer, it is necessary to deliver the goods again or in a manner other than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
• Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the cargo, the Buyer shall have the right not to accept the cargo from the carrier.
• The seller issues a tax document, an invoice, to the buyer. The tax document is sent to the buyer's email address.
• The buyer acquires ownership of the goods by paying the full price of the goods, including delivery costs, but not before accepting the goods.
• Responsibility for accidental destruction, damage or loss of the goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer was obliged to accept the goods but failed to do so in violation of the sale agreement.

VI.

Termination of the contract

• A buyer who has entered into a sale and purchase agreement outside the scope of his or her business activity as a consumer has the right to withdraw from the sale and purchase agreement.
• The withdrawal period is 14 days
  • from the date of receipt of the goods,
  • from the date of acceptance of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts,
  • from the date of acceptance of the first delivery of the goods, if the subject of the agreement is a regular, recurring delivery of goods.
• The buyer may not, among other things, withdraw from the purchase agreement
  
  • services if they were performed with the prior express consent of the buyer before the expiration of the period for withdrawal from the contract and the seller notified the buyer before entering into the contract that in this case he has no right to withdraw from the contract,
  • supply of goods or services whose price depends on fluctuations in the financial market that are beyond the seller's control and that may occur during the withdrawal period,
  • for the supply of alcoholic beverages that can be delivered only after thirty days and whose price depends on fluctuations in the financial market that are beyond the seller's control,
  • for delivery of goods that have been modified in accordance with the wishes of the buyer or for his person,
  • delivery of perishable goods and goods that were irretrievably mixed with other goods after delivery,
  • delivery of goods in a closed package, which the buyer has removed from the package and which cannot be returned for hygienic reasons,
  • delivery of an audio or video recording or computer program if its original packaging is damaged,
  • delivery of newspapers, periodicals or magazines,
  • delivery of digital content, unless it was delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiration of the withdrawal period, and the seller did not notify the buyer before the conclusion of the contract that in this case he has no right to withdraw from the contract,

• in other cases specified in Section 1837 of the Civil Code.
• In order to comply with the withdrawal period, the buyer must submit a withdrawal request within the withdrawal period.
• The Buyer may use the sample withdrawal form provided by the Seller to withdraw from the Purchase Agreement. The Buyer shall send the application for withdrawal from the Sale and Purchase Agreement to the e-mail address or delivery address of the Seller specified in these Terms and Conditions. The Seller shall immediately confirm to the Buyer the receipt of the form.
• The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days from the moment of withdrawal from the contract. The Buyer shall bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.
• If the buyer withdraws from the contract, the seller is obliged to return to the buyer in the same manner and without delay, but not later than 14 days after withdrawal from the contract, all funds received from the buyer, including delivery costs. The seller shall return to the buyer the funds received in any other way only if the buyer agrees to this and if no additional costs are incurred.
• If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered by the Seller.
• If the buyer withdraws from the sale contract, the seller is not obliged to return the money received to the buyer before the buyer hands over the goods or proves that he has sent the goods to the seller.
• The Buyer shall return the goods to the Seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The Seller has the right to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
• The Seller shall have the right to withdraw from the Sale and Purchase Agreement in connection with the sale of stocks, unavailability of goods or when the manufacturer, importer or supplier of the goods has ceased production or import of the goods. The Seller is obliged to immediately notify the Buyer to the e-mail address specified in the order and return all funds, including delivery costs, received from the Buyer under the contract within 14 days from the date of notification of withdrawal from the contract, in the same manner or in the manner specified by the Buyer.

VII.

Rights in case of improper fulfillment of obligations

• The seller is liable to the buyer for ensuring that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer for the fact that at the time of acceptance of the goods by the buyer
  
  • the goods have the characteristics agreed upon by the parties, and in the absence of such an agreement, the characteristics described by the seller or manufacturer or expected by the buyer given the nature of the goods and on the basis of their advertising,
  • the goods are suitable for the purpose specified by the seller for its use, or for which goods of this kind are usually used,
  • the goods correspond in quality or performance to the agreed sample or model if the quality or performance was determined in accordance with the agreed sample or model,
  • the goods are of the appropriate quantity, measure or weight; and
  • the product meets the requirements of the law.
• The seller shall be liable for improper performance of obligations at least to the extent that the manufacturer's obligations for improper performance continue to apply. Otherwise, the buyer has the right to exercise the right to file claims for defects in consumer goods within twenty-four months from the date of receipt.
• If the goods sold, their packaging, the instructions accompanying the goods, or advertising indicate the period during which the goods may be used in accordance with other legislation, the provisions on quality assurance apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for their usual purpose or will retain their usual characteristics for a certain period of time. If the buyer has legitimately accused the seller of a defect in the goods, the period for exercising rights related to improper performance of obligations and the warranty period do not extend to the period during which the buyer cannot use the defective goods.
• The provisions referred to in the preceding paragraph shall not apply to goods sold at a lower price, to a defect for which a lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear that the goods had at the time of acceptance by the buyer, or if this follows from the nature of the goods. The buyer shall not be entitled to demand the removal of defects if he knew before acceptance of the goods that they were defective or if the buyer himself caused these defects.
• In the event of a defect, the buyer may file a claim with the seller and demand
• exchange for new goods,
• repair of goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.
• The buyer has the right to withdraw from the contract,
  • if the goods have a significant defect,
  • if he/she is unable to use the goods properly due to the recurrence of a defect or defects after repair,
  • in the event of a large number of defects in the goods.
• A material breach of contract is a breach that the breaching party already knew or should have known at the time of entering into the contract that the other party would not have entered into the contract had it known about the breach.
• In the event of a defect that constitutes a non-substantial breach of the contract (regardless of whether the defect is remediable or irreparable), the buyer is entitled to have the defect remedied or to a reasonable discount from the purchase price.
• If a repairable defect occurs again after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have more defects (usually at least three defects at the same time), the buyer has the right to demand a discount on the purchase price, exchange the goods or withdraw from the contract.
• When making a claim, the buyer must inform the seller which right he has chosen. The choice may be changed without the seller's consent only if the buyer has demanded the removal of a defect that has proved to be irreparable. If the buyer fails to choose his right in time in connection with a material breach of contract, he has the same rights as in the case of a non-material breach of contract.
• If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price upon termination of the contract.
• If the seller proves that the buyer was aware of the defects in the goods before acceptance or caused them, the seller is not obliged to satisfy the buyer's claim.
• The buyer cannot demand the return of the discounted goods for the reason that the goods are discounted.
• The Seller is obliged to accept the complaint at any institution where it can be accepted, or even at the registered office or place of business. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer has exercised its right, the content of the complaint and the manner in which the Buyer requests the complaint to be dealt with, as well as confirmation of the date and manner of dealing with the complaint, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the complaint.
• The seller or an employee authorized by the seller will make a decision on the complaint immediately, in complicated cases - within three business days. This period does not include the time required for a professional assessment of the defect corresponding to the type of product or service. The complaint, including the elimination of the defect, must be resolved without delay, within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. Failure to do so shall be deemed a material breach of contract, and the buyer shall have the right to withdraw from the sale and purchase agreement. The moment of filing a claim is the moment when the buyer's will (exercise of the right of defective performance) reaches the seller.
• The Seller is obliged to notify the Buyer in writing of the results of the complaint consideration.
• The right to defective performance does not belong to the buyer if the buyer knew before acceptance that the item was defective or if the buyer caused the defect.
• In the event of a justified claim, the buyer is entitled to reimbursement of reasonable costs incurred in connection with the claim. The buyer may claim this right from the seller within one month after the expiration of the warranty period, otherwise the court may not grant it.
• The buyer has the right to choose the method of making a claim.
• The rights and obligations of the contracting parties with respect to rights arising from improper performance of obligations are governed by Articles 1914-1925, 2099-2117 and 2161-2174 of the Civil Code and Law No. 634/1992 of the Consumer Protection Act.
• Other rights and obligations of the parties related to the Seller's liability for defects shall be governed by the Seller's Complaint Policy.

VIII.

Delivery

• The parties may send all written correspondence to each other by e-mail.
• The Buyer shall deliver correspondence to the Seller to the e-mail address specified in these Terms. The Seller shall deliver correspondence to the Buyer to the e-mail address specified in the Buyer's account or order.

IX.

Personal data

• All information provided by the Buyer while working with the Seller is confidential and will be treated as such. Unless the Buyer provides the Seller with written permission, the Seller will not use the Buyer's information other than for the purpose of performing the contract, except for the e-mail address to which commercial communications may be sent, as such practice is permitted by law, unless expressly opted out. These communications may only relate to similar or related products and can be opted out of at any time by simple means (by sending a letter, email or clicking on a link in a commercial communication). The e-mail address will be stored for this purpose for 3 years after the last contract between the parties.
• For more information on data protection, please read the Privacy Policy HERE.

IX.

Out-of-court dispute resolution

• The Czech Trade Inspection Authority (Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, identification number: 000 20 869, website: https://adr.coi.cz/cs) is authorized to settle consumer disputes arising from a sales contract out of court. To resolve disputes between the seller and the buyer under the sales contract, you can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr.
• The European Consumer Protection Center in the Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Online Consumer Dispute Resolution Regulation).
• The seller has the right to sell goods on the basis of a trade license. Trade control is carried out within its competence by the competent trade authority. The Czech Trade Inspectorate supervises, among other things, the observance of Act No. 634/1992 Coll. on Consumer Protection to a certain extent.

X.

Final provisions

• All transactions between the seller and the buyer shall be governed by the law of the Czech Republic. If the relationship established by the Sale and Purchase Agreement contains an international element, the parties agree that the law of the Czech Republic shall govern this relationship. This is without prejudice to the consumer's rights under mandatory legislation.
• The Seller shall not be obliged to comply with any codes of conduct with respect to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
• All rights to the Seller's website, including copyright in the content, including page layout, photographs, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part of it without the consent of the Seller.
• The Seller shall not be liable for errors resulting from the interference of third parties in the operation of the Online Store or its misuse. The Buyer shall not use any procedures that may have a negative impact on the operation of the Online Store, and shall not perform any actions that may allow him or third parties to interfere with or unauthorized use of the software or other components included in the Online Store, as well as to use the Online Store or its parts or software in a manner that would contradict its purpose or intentions.
• The Buyer assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
• The Purchase Agreement, including the Terms, is stored by the Seller in electronic form and is not available.
• The Seller may change or supplement the wording of the Terms. This provision does not affect the rights and obligations that arose during the period of validity of the previous version of the Terms.
• A sample revocation form is attached to the Terms and Conditions.

These Terms and Conditions shall enter into force on 29.05.2023.