BUSINESS TERMS AND CONDITIONS
Prior to using the www.spokenstore.cz website, please read these Terms and Conditions carefully, which govern all legal relations between Jellyfish s.r.o. and you.
These Terms and Conditions apply to purchases made in the online store www.spokenstore.cz, operated by Jellyfish s.r.o., company number: , with the registered office in Wichterlova 2372/10, 180 00 Praha 8, Czech Republic, registered in the Commercial Register maintained with the Court of register in Prague, section C, insert 187557.
If you have any reservations concerning these Terms and Conditions, do not use this website. By using the www.spokenstore.cz website you agree to these Terms and Conditions.
All contractual relations are concluded in accordance with Czech Republic laws. If the contracting party is a consumer, relations not regulated by the Terms and Conditions shall be governed by the Civil Code (No. 89/2012 Sb.) and the Consumer Protection Act (No. 634/1992 Sb.). If the contracting party is not a consumer, relations not regulated by the Terms and Conditions shall be governed by the Civil Code (No. 89/2012 Sb.).
- 1.1 Conditions shall mean these Terms and Conditions, which form an integral part of the Goods Purchase Agreement;
- 1.2 Contract means a purchase agreement concluded between Jellyfish s.r.o. and the Buyer, concluded by the delivery of the Order Confirmation to the Buyer by e-mail
- 1.3 Goods means goods displayed for sale;
- 1.4 1. The Goods Price means the price including VAT for which the Seller offers to sell the Goods to the Buyer;
- 1.5 1. Seller means Jellyfish s.r.o., company number: 24195154, with their registered office in Wichterlova 2372/10 180 00 Praha 8, Czech Republic, registered in the Commercial Register maintained with the Court of register in Prague, section C, insert 187557 ;
- 1.6 1. The Buyer Consumer or only the Consumer is a natural person who, when concluding and performing the Agreement, is not acting within their business or other entrepreneur activity;
- 1.7 Purchase Order means an offer made by the Buyer to conclude a Goods Purchase Agreement;
- 1.8 1. Order Confirmation means a binding confirmation of the Order made by the Seller, i.e. acceptance of the offer to conclude the Agreement, whereas the Order Confirmation is considered to be the delivery of the confirmation that the Order was accepted by the Seller through e-mail;
- 1.9 1. Goods Purchase Agreement means a purchase agreement concluded between Jellyfish s.r.o. as the Seller and the registered user of this website as the Buyer, such Contract forms an integral part are these Terms and Conditions and its subject matter is the purchase of goods by the registered user of the Jellyfish s.r.o. website and the Buyer's obligation to pay the Goods Price to the Seller;
- 1.10 1. Website means the Seller's website at the URL address www.spokenstore.cz or any other URL that may replace it.
- 2. User registration on the www.spokenstore.cz website
- 2.1.1 Access to the www.spokenstore.cz website is permitted in accordance with these Terms and Conditions.
- 2.1.2 To register a new user of the website, it’s necessary to fill in the application form at the URL address www.spokenstore.cz.
- 2.1.3 A new user of the website undertakes and represents that:
(i) personal data provided when registering as a new user on this website is true, accurate, current and complete;
(ii) they shall promptly inform the Seller of any changes to their Personal Data by email;
(iii) they shall not impersonate another natural or legal person, or use a false name or a title that they are not authorised to use.
- 2.2 Rights of Jellyfish s.r.o.
- 2.2.1 Jellyfish s.r.o. reserves the right to:
(i) temporarily or permanently change or cancel the www.spokenstore.cz website (or any part thereof) and take no responsibility towards the website’s registered users or third parties for any changes or cancellations;
(ii) unilaterally change the Terms and Conditions (or parts thereof) without the need to notify the registered users;
(iii) withdraw from the Purchase Order or Goods Purchase Agreement at any time if Jellyfish s.r.o. has a reasonable suspicion that the website’s registered user is in violation of these Terms and Conditions.
- 2.3 Jellyfish s.r.o. disclaimer
- 2.3.1 1. Jellyfish s.r.o. shall in not be liable for loss, damage, costs and expenses (including lost profits) directly or indirectly caused by a failure or delay in performance of obligations under the Goods Purchase Agreement due to any event or circumstance beyond the control of Jellyfish s.r.o., including but not limited to strikes, power failures or equipment or force majeure.
3. PERSONAL DATA PROTECTION
- 3.1 Jellyfish s.r.o. processes registered users’ data that was provided by Jellyfish s.r.o. within the provision of their services. Personal data are collected through the https: // www.spokenstore.cz website. This personal data includes personal data provided during website registration, that is, name and surname, contact e-mail address, user’s delivery address, mobile phone. The website’s registered user consents to the processing and collection of their personal data in the Jellyfish s.r.o. database.
- 3.2 Jellyfish s.r.o. collects the personal data provided for the purpose of performing the agreement to which the data subject is a party and to receive regular Newsletters. The registered user can choose whether to subscribe to the Newsletters.
- 3.3 Personal data is only accessible to Jellyfish s.r.o. authorised employees, Czech Post, or other carriers, for the purpose of using such Personal Data for delivering packages from Jellyfish s.r.o., i.e. for the purpose of performing the Goods Purchase Agreement.
- 3.4 The provision of Personal data is voluntary, but the services provided on www.spokenstore.cz cannot be used without providing thereof.
- 3.5 If the registered user believes that their privacy rights have been violated, they can contact the Personal Data Protection Office, Pplk. Sochora 27, 170 00 Praha 7, Czech Republic.
4. PURCHASE OF GOODS TERMS
- 4.1.1 The Registered user acknowledges that the Goods Purchase Agreement shall be governed by these Terms and Conditions, in particular regarding § 4. Purchase of Goods Terms.
- 4.1.2 The goods price is determined and displayed for individual items of the Goods. The price indicated under the Goods item is displayed including VAT.
- 4.1.3 Prior to sending the Purchase Order, the total Goods price, including packing and shipping, will be calculated and the registered user will be asked to accept it. The Goods prices are valid at the moment of accomplishing the Purchase Order.
- 4.2 Payment conditions
- 4.2.1 Payment for the Goods can be made via PayPal or Braintree.
- 4.3 Purchase Order and Conclusion of the Goods Purchase Agreement
- 4.3.1 All Goods are offered for sale subject to availability and subject to Order Confirmation by Jellyfish s.r.o. in electronic way. Jellyfish s.r.o. reserves the right to decide whether or not to accept the Order.
- 4.3.2 All information published on www.spokenstore.cz, such as descriptions, specifications (e.g. colours and sizes), photos and Goods prices are for guidance only. Jellyfish s.r.o. reserves the right to make minor modifications to the Goods description without the need to notify the registered user.
- 4.3.3 In order to place a Purchase Order, user registration is required on the URL address of www.spokenstore.cz.
- 4.3.4 The registered user places the Purchase Order by adding the selected Goods to the basket by clicking on the button for choosing the size of the selected Goods. In the basket, the registered user can remove the selected Goods. To confirm the Purchase Order the registered user clicks on the "Go to Payment” button. The registered user then goes through a simple process in which he/she chooses the method of transport and payment of the selected Goods. At the end of this process, the Purchase Order is confirmed by clicking on the "Finish Order" button.
- 4.3.5 The Goods Purchase Agreement is concluded by Jellyfish s.r.o. sending an electronic confirmation denoted as "Order" to the website’s registered user whereby Jellyfish s.r.o. confirms that the Goods will be shipped according to the Order specified by numerical identification. identifikací.
- 4.4 Applicable law
- 4.4.1 All contractual relations are concluded in accordance with Czech Republic laws.
- 4.4.2 Relations not regulated by the Terms and Conditions shall be governed by the Act No. 89/2012 Sb., the Civil Code, as amended, and the Act No. 634/1992 Sb., the Consumer Protection Act, as amended.
- 4.5 Goods delivery
- 4.5.1 The Goods delivery location is the delivery address specified in the Purchase Order by the Buyer. Goods is considered to be delivered by delivery to the specified address. The liability for damage or loss of the ordered Goods shall pass to the Buyer at the moment of handover of the Goods at this address. If the Buyer fails to take over the ordered Goods for reasons on his/her side (e.g. if they are unable to pay the Goods Price), the Buyer shall bear the costs incurred due to repeated delivery.
- 4.5.2 Delivery (postage and packing) of Goods to European countries is charged.
- 4.5.3 Goods delivery will be realised according to the availability and operational possibilities of Jellyfish s.r.o., as soon as possible after receiving the Purchase Order. Jellyfish s.r.o. shall not be liable for any damage or costs incurred by the Buyer by delayed Goods delivery.
- 4.5.4 We recommend that the Buyer inspects the Goods immediately upon its receipt (number of packages, the consignment’s integrity, damage to the consignment) according to the enclosed shipping note. If the consignment shows signs of damage, we recommend not accepting the package or write and leave a damage report with the driver / shipping company employee or simply refuse the consignment. Mechanical damage to the product in the undamaged packaging must then be reported within 3 days of receipt of the consignment to any branch of the shipping company and to the Seller's email address firstname.lastname@example.org. In the event of a warranty claim, do not throw the packaging away that can be used as evidence. However, if the Buyer fails to comply with this procedure, it is in no way affected by its right to apply a claim against Jellyfish s.r.o.
- 4.5.5 The place of applying the claim is Jellyfish s.r.o., Dělnická 191/27 170 00 Praha 7, Czech Republic.
- 4.5.6 The ownership title of Goods shall pass to the Buyer only after the payment of the Price of the Goods in full.
- 4.6 Compliance with the Goods Purchase Agreement
- 4.6.1 All information published on the website, such as descriptions, specifications, photos of the Goods are for guidance only. Jellyfish s.r.o. reserves the right to make minor modifications to the Goods description without the need to notify the registered user.
- 4.6.2 In case the Goods fail to comply with the Goods Purchase Agreement upon the Buyer’s receipt, or as the case may be, fail to be defect-free, the Buyer has the right that Jellyfish s.r.o. brings the Goods into a condition corresponding to the Goods Purchase Agreement free of charge and without undue delay, pursuant to the Buyer's request, either by replacing the Goods or by repair thereof; if such a procedure is not possible, the Buyer may request a reasonable discount from the Goods Price or withdraw from the Goods Purchase Agreement. This shall not apply if the Buyer knew about the discrepancy with the Goods Purchase Agreement before accepting the Goods or caused the discrepancy with the Goods Purchase Agreement themselves.
- 4.6.3 The discrepancy with the Goods Purchase Agreement shall mean, particularly, that the Goods fail to have the quality and utility properties required by the Goods Purchase Agreement, described by Jellyfish s.r.o., or anticipated based on Jellyfish s.r.o. advertising, they fail to be in conformity with the legal requirements, they fail to be in the corresponding quantity, size or weight and they fail to correspond to the purpose indicated by the Seller for the use of the item or for which the item is usually used.
- 4.7 Withdrawal from the Goods Purchase Agreement
- 4.7.1 Jellyfish s.r.o. has the right to withdraw from the Goods Purchase Agreement where:
(i) the ordered Goods are no longer manufactured, or the Supplier’s price has changed significantly. If the Buyer has already paid all or part of the Goods Price, this amount shall be immediately returned to their account or otherwise paid within 10 working days, but no later than 30 days after the withdrawal by Jellyfish s.r.o.
(ii) It is not possible to obtain authorisation for the Buyer's payment with regard to a PayPal payment.
- 4.7.2 The Buyer may withdraw from the Goods Purchase Agreement within 14 days of receipt of the Goods. If the Buyer decides to withdraw within this period, they are obliged to comply with all the conditions set out below. Upon their fulfilment, the Goods Purchase Price will be returned to the Buyer:
(i) delivery of a letter to Wichterlova 2372/10 180 00 Praha 8, Czech Republic, or an e-mail to email@example.com, stating the Purchase Order number and the account number to which the money is to be returned, where it must be clearly indicated that the Buyer withdraws from the relevant Goods Purchase Agreement; and
(ii) returning the Goods to Jellyfish s.r.o., Dělnická 191/27 170 00 Praha 7, Czech Republic, in a duly secured package with a bold sign "WITHDRAWAL" to prevent damage during transportation; and
(iii) the goods must not show signs of use, must be undamaged, complete and with original proof of purchase.
- 4.7.3 The Buyer may not withdraw from the Goods Purchase Agreement within 14 days of receipt of the Goods as regards
(i) Goods delivery, the price of which depends on fluctuations in the financial market, irrespective of the will of Jellyfish s.r.o.,
(ii) Services delivery, if their performance has been initiated with their consent before the expiry of the 14 day’ period from the receipt of the performance
(iii) Goods delivery modified according to the Buyer's wishes or for them, as well as Goods that are highly perishable, or may become worn or obsolete quickly,
(iv) the delivery of audio and video recordings and computer programmes if the Buyer has breached their original packaging;
(v) the delivery of newspapers, periodicals and magazines;
(vi) involving a game or lottery.
- 4.7.4 In case of failure to comply with the time limit for withdrawal from the Goods Purchase Agreement, where withdrawal from the Goods Purchase Agreement shall be served to Jellyfish s.r.o. no later than 14 days after the receipt of performance, such withdrawal from the Goods Purchase Agreement is invalid. If the Goods are delivered in a damaged, incomplete or otherwise degraded condition, Jellyfish s.r.o. require the Buyer to compensate for the decrease in the value of the returned goods.
- 4.7.5 Upon fulfilment of all the above-mentioned conditions for returning the Goods, the money for the Goods shall be sent by bank transfer to the bank account notified by the Buyer no later than 30 days after the service of the withdrawal from the Goods Purchase Agreement. If any of the above-mentioned conditions are not met, as a result of which the withdrawal from the Goods Purchase Agreement is not provably delivered within the given time limit (such as a mere sending of the returned Goods without the expression of will to withdraw from the Goods Purchase Agreement), the withdrawal from the Goods Purchase Agreement may unfortunately not be accepted and the Goods shall be returned back at the expense of the sender.
- 4.8 Liability for defects
- 4.8.1 The warranty period for the Goods is 24 months. The warranty does not cover normal wear and tear of the Goods (or parts thereof) caused by their normal use. The shorter lifetime of the Goods due to the aforementioned wear and tear of the Goods caused by its normal use may not be considered as a defect, which will be taken into account in the event of a claim.
- 4.8.2 If there is no warranty card for the Goods, a tax document containing all the information required by the law shall serve as the warranty card. The Seller shall send this document to the Buyer along with the Goods.
- 4.8.3 When claiming the rights arising from the liability for defects, the Buyer has:
(i) in case of a removable defect, the right to free, proper and timely removal of the defect, unless it is disproportionate due to the nature of the defect, the right to have the defective Goods or defective part replaced; and where such procedure is impossible, right to a reasonable discount on the Goods Purchase Price or the right to withdraw from the Goods Purchase Agreement;
(ii) in case of an irremovable defect preventing the proper use of the Goods, the right to exchange the defective Goods or the right to withdraw from the Goods Purchase Agreement;
(iii) in case of removable defects occurring in a large number or repeatedly and preventing the proper use of the Goods, the right to exchange the defective Goods or the right to withdraw from the Goods Purchase Agreement;
(iv) in case of other irremovable defects and the Buyer does not require the replacement of the Goods, the right to a reasonable discount on the Goods Purchase Price or the right to withdraw from the Goods Purchase Agreement.
- 4.8.4 If the Buyer discovers a defect on the purchased Goods during the warranty period, which was not caused by its improper use, but by a defect in the Goods itself, the Buyer is entitled to claim the Goods. The buyer may notify a legitimate claim by one of the following options:
(i) using the e-mail address of the operator firstname.lastname@example.org,
(ii) by post to the operators address at Jellyfish s.r.o., Dělnická 191/27 170 00 Praha 7, Czech Republic,
- 4.8.5 and subsequently send or deliver the claimed Goods, if possible, in the original packaging or suitable shipping packaging with a bold sign "WARRANTY CLAIM", with the description of the defect, a copy of the sales document and the Buyer's contact details to the above-mentioned address of Jellyfish s.r.o.
- 4.8.6 In case of a discount, the Goods may not be claimed later as regards the defect for which the discount was provided.
- 4.8.7 The warranty claim, including the defects, shall be settled without undue delay, no later than within one month from the claim date, unless Jellyfish s.r.o. agrees otherwise with the registered user. If the time limit for settling the claim is not complied with, the Buyer has the right to exchange the Goods, if available, or to withdraw from the Goods Purchase Agreement.
- 4.8.8 The Seller shall provide the Buyer with a written confirmation of when the claim was applied, what is its content, what method of the claim settlement is required; as well as confirmation of the date and method of the claim settlement, including confirmation of the repair and its duration, or a written justification for rejecting the claim.
- 4.8.9 In case of justified warranty claim, the Buyer is entitled to reimbursement of necessarily incurred costs related to the claim. In case of unjustified warranty claim, Jellyfish s.r.o. is obliged to issue a written justification for this rejection and simultaneously the Buyer is not entitled to reimbursement of the costs related to the claim settlement, but at the same time Jellyfish s.r.o. is not entitled to reimbursement of the costs incurred thereby.
- 4.9. Final provisions
- 4.9.1 The Czech Trade Inspection Authority, with its registered office at Dělnická 191/27 170 00 Praha 7, website: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase agreement:
- 4.9.2 If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
- 4.9.3 The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- 4.9.4 If any provision of these Terms and Conditions is or becomes invalid or ineffective, a provision meaning of which is as close as possible to the invalid provision shall be applied in place of such invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.