STORE POLICYS
GENERAL PROVISIONS
These terms and conditions define and specify the rights and obligations between the seller (also referred to as the "operator" or "supplier") and the buyer (hereinafter also referred to as the "consumer") in the context of internet sales. The operator of the online store is HOTELSPINE s.r.o., with its registered office at Ve Smečkách 1596/25, Nové Město (Prague 1), 110 00 Prague, IČO 19476388.
All contractual relationships are governed by the legal system of the Czech Republic. If the contracting party is a consumer, relationships not explicitly regulated by these terms and conditions are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.).
These terms and conditions are an integral part of the purchase contract. The purchase contract and these terms and conditions are drawn up in the Czech language. A purchase contract is concluded between the seller and the buyer (a natural or legal person) via the seller's online store, which is operated on the website located at www.isabellevictoria.com (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface"). The buyer is any natural or legal person who orders and pays for goods offered on the website, such as leather handbags, satchels, other leather goods, and related accessories (hereinafter referred to as "goods").
These terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or is acting within their business activity or independent profession when ordering goods. By paying for the ordered goods, the buyer agrees to the price of the goods and the provisions of these terms and conditions.
The seller reserves the right to unilaterally change or supplement the terms and conditions. In such cases, the seller will provide the buyer with the new terms and conditions in text form, clearly highlighting the proposed changes, and will set a reasonable deadline for the buyer to express their acceptance. If the buyer rejects the proposed changes, they must inform the seller within the specified period, and the contractual relationship between the seller and the buyer will be terminated. This provision does not affect the rights and obligations that arose during the validity of the previous version of the terms and conditions.
Ordering goods through the seller's e-shop is available to all users who have a delivery address within the Czech Republic. User registration is not required to order goods.
Registered users will have access to their user account (hereinafter referred to as the "user account"). When registering on the website and ordering goods, the buyer must provide accurate and truthful information. The buyer is responsible for updating the information in the user account in case of any changes. The seller considers the information provided by the buyer in the user account and during the ordering process to be correct.
USER ACCOUNT
The text you've provided for the User Account section is clear and makes sense, but it could be refined slightly for better readability and coherence. Here's a revised version:
USER ACCOUNT
Upon registering on the website, the buyer can access their user interface. From this user interface (hereinafter referred to as the "user account"), the buyer can order goods. If the web interface of the store allows it, the buyer may also order goods without registration directly from the store’s web interface.
Access to the user account is secured by a username and password. The registered user is responsible for maintaining the confidentiality of the information necessary to access their user account. The buyer acknowledges that the seller is not responsible for any breaches of this obligation. The buyer is not permitted to allow third parties to use their user account.
The registered user may not share their access credentials or provide any form of access to the user account to third parties. The registered user is fully responsible for any unauthorized use of their access credentials or user account and for any damage caused to the seller or third parties as a result.
In the event of loss, theft, or any other violation of the right to use the account, the registered user is obliged to immediately inform the seller of this situation.
The seller reserves the right to cancel the user account, particularly if the buyer has not used their user account for more than 12 months, or if the registered user violates their obligations under the purchase contract (including these terms and conditions).
The registered user acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the seller's hardware and software, or the necessary maintenance of hardware and software by third parties.
CONCLUSION OF THE PURCHASE CONTRACT
The buyer's order constitutes an offer to enter into a purchase contract. The purchase contract itself is concluded at the moment when the seller delivers a binding confirmation of the order, signifying mutual consent to the buyer's proposal. From this moment, mutual rights and obligations arise between the buyer and the seller under the concluded purchase contract.
By concluding the purchase contract, the buyer confirms that they have read and agree to these terms and conditions, including the complaints procedure. The "Buy" button and the "Send order" button on the website are used to express agreement with these terms and conditions and to finalize the purchase contract.
The web interface of the store includes a list of goods offered for sale by the seller, along with the prices of each item. The offer to sell goods and their prices remain valid as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
The web interface of the store also provides information about the costs associated with packaging and delivering the goods. These delivery costs are valid only for goods delivered within the Czech Republic.
To order goods, the buyer completes and submits an order form (hereinafter referred to as the "order"). Upon receiving the completed order form, the seller will immediately confirm receipt of the order to the buyer via email.
The contractual relationship between the seller and the buyer is established by the seller's acceptance of the order, which is communicated to the buyer via email, sent to the buyer's email address. The risk of damage to the goods passes to the buyer upon acceptance of the goods. If the goods are being transported, the risk of damage passes to the buyer once the goods are handed over to the carrier.
The buyer will automatically receive an email notification confirming the acceptance of the order. For items that are not in stock, an estimated delivery time is provided both in the item details and in the order confirmation. The availability status of each item (whether in stock or not) is displayed on the website. If the goods are not in stock, the seller will promptly inform the buyer of the next expected delivery date.
All goods are supplied with an invoice. The goods remain the property of the seller until the full purchase price has been paid.
The buyer agrees to use remote means of communication to conclude the purchase contract. The costs incurred by the buyer when using remote communication methods (such as internet connection fees or telephone charges) in connection with the conclusion of the purchase contract are borne by the buyer and are not covered by the seller.
CANCELLATIONS
All orders accepted by this store are considered binding. An order can only be canceled before it has been dispatched. If the order is not canceled before dispatch and has already been shipped, the buyer may be required to cover the costs associated with returning the goods.
The seller reserves the right to cancel an order or part of it before concluding the purchase contract in the following cases: if the goods are no longer manufactured or available, or if the price of the goods has significantly changed. If such a situation arises, the seller will promptly contact the buyer to discuss the next steps. If the buyer has already paid part or all of the purchase price, the corresponding amount will be refunded to the buyer's account, and the purchase contract will not be concluded.
SHIPPING
Shipping and returns are FREE within the Czech Republic. We ship orders within 3 days using GLS as our carrier.
If, upon receipt, the item does not conform to the purchase contract, the buyer has the right to request that the seller restore the item to its proper condition, in accordance with the purchase contract, at no additional cost and without undue delay. This can be done by either replacing or repairing the item, depending on the buyer's preference. If this is not possible, the buyer may request a reasonable discount on the item's price or withdraw from the contract. This right does not apply if the buyer was aware of the non-conformity before accepting the item or if the buyer caused the non-conformity themselves.
Goods will be delivered as soon as possible, based on product availability and the seller's operational capabilities, usually within 3 working days. In exceptional cases, or if the goods are not in stock, the delivery period may be longer. The buyer will be promptly informed of any delays as soon as they are known. The place of delivery is determined by the buyer's order, and delivery to the specified address is considered complete upon arrival.
If the seller is obligated by the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is required to accept the goods upon delivery. If the buyer does not accept the goods upon delivery, the seller reserves the right to withdraw from the purchase contract.
If, due to reasons attributable to the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is responsible for covering the costs associated with repeated delivery or any additional delivery methods.
When receiving the goods from the carrier, the buyer is required to inspect the integrity of the packaging. If any defects are found, the buyer must notify the carrier immediately. If the packaging appears to have been tampered with, the buyer is not obligated to accept the shipment. By signing the delivery note, the buyer confirms that the shipment met all conditions and requirements, and any subsequent claims regarding packaging damage will not be considered. If the packaging is damaged, this information must be recorded in the carrier's handover protocol, and a claim should be made directly with the carrier.
DELIVERY
The Delivery section you provided makes sense, but it could be refined for clarity and to ensure that the information is communicated more effectively. Here's a revised version:
DELIVERY
Goods are delivered via GLS. The scope of transport services is governed by the carrier's terms and conditions. If the buyer cannot be reached at the time of delivery, they will receive a notification in their inbox regarding the unsuccessful delivery attempt. The shipment can then be picked up at the designated post office or a re-delivery can be requested.
Please note that for these shipments, direct communication with the carrier may not be possible, and the seller has limited ability to influence or monitor the shipment in detail. Shipments are typically delivered within two days of dispatch.
RIGHTS FROM DEFECTIVE PERFORMANCE AND WARRANTY
The rights and obligations of the contracting parties regarding defects are governed by applicable legal regulations, particularly Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code.
The seller is liable for defects that constitute a breach of the purchase contract and that manifest themselves within twenty-four months of the buyer taking possession of the goods.
The buyer can exercise their rights arising from the seller’s liability for defects, including any warranty claims, at any of the seller's premises.
The seller will confirm receipt of the defect claim to the buyer, noting when the claim was made, when the repair was completed, and the duration of the claim resolution process.
The resolution of a defect claim, including defect removal, must be carried out without undue delay, no later than 30 days from the date the claim was submitted, unless the seller and buyer agree to a longer period. After this period expires, the buyer has the same rights as if the defect were irremovable.
If a claim is resolved by refunding the purchase price or part of it, and the buyer requests that the amount be sent via postal order, the buyer agrees to reimburse the seller for administrative expenses in the fixed amount of CZK 100. This amount will be deducted from the refunded purchase price, with the remaining balance sent to the buyer by postal order.
WITHDRAWAL FROM THE CONTRACT
When ordering goods through any means of remote communication, in accordance with § 1829 of Act No. 89/2012 Coll., Civil Code, the buyer (consumer) has the right to withdraw from the contract without providing any reason within 30 days of placing the order.
The buyer acknowledges that, according to the provisions of § 1837 of Act No. 89/2012 Coll., Civil Code, it is not possible to withdraw from a purchase contract for goods that have been modified according to the buyer's wishes, or for goods that are subject to wear and tear or obsolescence.
To withdraw from the purchase contract, the buyer must notify the seller no later than the 30th day from the date of order. The withdrawal must be communicated in writing by email to contact@isabellevictoria.com using the CONTRACT WITHDRAWAL form, which must include the order number, date of purchase, and account number for the refund.
In case of withdrawal from the contract, the purchase contract is considered canceled from the outset. In special cases, considering the circumstances, the return period may be extended, but not beyond 30 days from delivery. However, this legal provision should not be interpreted as allowing the free lending of goods.
The seller is entitled to examine the returned goods within 5 days of their return to assess whether they are damaged, worn, or partially consumed.
The buyer acknowledges that if the returned goods are found to be damaged, worn, or partially consumed, the seller is entitled to compensation for the damage. The seller may unilaterally offset the damage amount against the buyer's claim for a refund of the purchase price.
In accordance with § 1832 of Act No. 89/2012 Coll., Civil Code, the seller is obliged to refund the buyer without undue delay, typically within three days of the return of the goods, but no later than 14 days from the date of receiving notice of withdrawal from the contract. This refund includes the cost of delivering the goods. However, in accordance with § 1820 paragraph 1 letter g) of Act No. 89/2012 Coll., Civil Code, the buyer bears the costs associated with returning the goods to the seller.
PAYMENT TERMS
The price of the goods and any associated delivery costs under the purchase contract can be paid by the buyer to the seller using the following method:
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Online payment by credit card through the GoPay payment gateway.
All goods are supplied with a tax receipt.
Ownership of the goods remains with the seller until the full purchase price has been paid. If the order or part of it is canceled by the seller (e.g., due to the goods being out of stock), the corresponding payment will be immediately refunded to the account from which it was received, unless otherwise agreed.
The seller reserves the right to make changes, including price changes, on the online store. The offer of goods displayed on www.isabellevictoria.com (including sale items) is valid until stock runs out or the seller's ability to fulfill the order is otherwise compromised. The price is valid at the time of ordering.
Other Rights and Obligations of the Contracting Parties:
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The buyer acquires ownership of the goods once the full purchase price has been paid.
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The buyer acknowledges that the software and other components that make up the store's web interface (including photos of the goods) are protected by copyright. The buyer agrees not to engage in any activity that would allow them or third parties to interfere with or misuse the software or other components of the store's web interface.
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The buyer acknowledges that the seller is not responsible for errors arising from third-party interventions on the website or from using the website in a manner contrary to its intended purpose.
PERSONAL DATA PROTECTION
The protection of personal data for buyers who are natural persons is governed by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and fully complies with the Regulation of the European Parliament and the Council (EU) No. 2016/679 (General Data Protection Regulation, GDPR).
The buyer consents to the processing of their personal data by the seller for the purposes of fulfilling the obligations of the purchase contract, including order processing, order confirmation, invoicing, and other related contractual documentation. The seller processes this data solely for these purposes and to comply with legal obligations. Personal data will be archived only for the period necessary to fulfill these obligations and will be deleted or anonymized after the statutory retention period.
The seller processes only the following personal data: name, surname, address, date of birth, email, telephone numbers, and names of contact persons.
The seller commits to handling personal data solely for the purposes related to its business activities and legal obligations. The seller will not disclose personal data to third parties without a relevant legal interest in the transaction.
The buyer is informed that consent given to the seller for processing personal data can be revoked at any time. Buyers have the right to request correction, revision, and updating of their personal data or to exercise their right to be forgotten. Requests for deletion of personal data must clearly identify the person making the request, the data to be deleted, and include an email or correspondence address for confirmation of deletion.
The seller will take appropriate organizational measures to prevent misuse of personal data and will inform buyers about these measures upon request.
If a buyer provides the personal data of a third party with their consent, they must instruct the third party about their right to be forgotten. If the seller processes personal data without proper consent, the buyer agrees to compensate the seller for any damages incurred due to legal penalties.
The seller may archive documents related to consents or refusals regarding personal data processing. Buyers consent to this archiving.
The seller reserves the right to request updated consents in line with current legislation and GDPR regulations. Buyers must provide accurate and truthful personal data and inform the seller of any changes without undue delay.
If the buyer believes their data is being processed unlawfully or inaccurately, they may request an explanation and rectification. The seller will provide information on data processing upon request and may charge a reasonable fee not exceeding the cost of providing the information.
The buyer agrees to receive information related to the seller's goods, services, or business and to receive commercial messages and cookies. Consent to these communications can be withdrawn at any time in writing.