Legal conditions

TERMS AND CONDITIONS

Internet shop PURPLY.cz located on the Internet address http://www.purply.cz is operated by the entrepreneur Veronika Řehák Balson, with registered office at Vrančická 411, Milín 262 31, ID: 01249665, E-mail address: veronika.balson@gmail.com and telephone: +420 777 808 722. This business person is registered in the Trade Register kept at the Municipal Court in Příbram, bank connection for CZK currency: Fio banka, a.s., account no. 2501449200 / 2010, IBAN: CZ53 2010 0000 0025 0144 9200, SWIFT (BIC): FIOBCZPPXXX,
bank connection for EUR currency: Fio banka, a.s.., account no. 2501449200 / 2010, IBAN: CZ53 2010 0000 0025 0144 9200, SWIFT (BIC): FIOBCZPPXXX, (hereinafter referred to as the "Seller").

General Business Conditions

These General Business Conditions (hereinafter referred to as the "Business Conditions") are drawn up in accordance with the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act") and other generally binding legal regulations.
In accordance with the provisions of Section 1751(1) of the Civil Code, the Terms and Conditions regulate the basic rights and obligations of the Seller and the Buyers - consumers within the meaning of the Consumer Protection Act when concluding purchase contracts through the PURPLY.cz online store (hereinafter referred to as "Purchase Contracts"). In other cases, the general regulation set out in the Civil Code shall apply.
The Business Conditions form an integral part of every Purchase Contract. The Business Conditions are visibly published on https://www.purply.cz/obchodnipodminky, where the buyer has the possibility to become duly acquainted with them before making a binding order. By placing an order, the Buyer confirms that they are aware of the rights and obligations in the Business Conditions, that they have sufficiently and timely familiarised themselves with them, and that they fully agree with them.
Special provisions made with the consent of both parties directly in the Purchase Contract or elsewhere shall prevail over the wording of the Business Conditions.
The Seller is entitled to unilaterally amend or supplement the Business Conditions with effect from their publication, unless such amendment or supplement specifies a different date. The rights and obligations of the contracting parties arising prior to the effectiveness of such amendment or supplement shall be governed by the existing regulation contained in the Business Conditions.

Offer of goods and price

The offer of goods is defined as the goods selected by the Seller and offered via the catalogue on the PURPLY.cz website.
The offer of goods is not considered a binding proposal of the seller to deliver goods within the meaning of § 1732 paragraph 2 of the Civil Code; the offer of goods is only informative, non-binding invitation to buyers to place binding orders.
The Seller reserves the right to refuse the Buyer's proposal to conclude a purchase contract regarding the goods offered on the PURPLY.cz website. In this case, the buyer has no right to compensation against the seller.
The prices of the offered goods and services (e.g. transport) are always listed for the respective goods, in Czech currency and do not include VAT (the Seller is not a VAT payer).
Prices are subject to change. The price of the goods is always valid at the time of placing the order.

Order

The Buyer's order is considered legally binding between the parties. A binding order of goods from the PURPLY.cz online store is created by the buyer or his representative.
The Buyer is obliged to provide correct and truthful information when ordering goods. The buyer is responsible for their accuracy and truthfulness. If the buyer provides incorrect or false information, they are liable for damages caused to the seller by their actions.
By finally confirming the order and sending it, the buyer submits to www.purply.cz via the web form a binding proposal for the conclusion of a purchase contract for the goods selected by them. The order is placed through the order form located on the website of the PURPLY.cz online store, where the buyer selects the goods they are interested in by clicking on the corresponding icon of the goods and clicking on the "add to cart" icon. After "clicking" the "checkout" icon, the buyer confirms their contact details, delivery address and method of payment for the goods.
Any confirmation of acceptance of the order that is issued immediately after the order is sent does not in itself constitute acceptance of the proposal to conclude a purchase contract by the seller.

Conclusion of the Purchase Contract

The Buyer agrees to the use of remote means of communication for the conclusion of the Purchase Contract. Costs incurred by the Buyer in using remote communication means in connection with the conclusion of the Purchase Contract (i.e. internet connection costs, telephone call costs) shall be borne by the Buyer.
The purchase contract between the Seller and the Buyer is formed by the notification of acceptance of the order, which is sent by the Seller to the Buyer to the electronic address specified in the order.
Together with the acceptance of the order, the seller usually recapitulates the method of delivery of the goods and their price.

Method of payment

The Seller offers a choice of the following payment methods for the ordered goods: by credit card through a payment system governed by Act No. 284/2009 Coll. on payment and located at www.purply.cz. The second payment option is through electronic money and the service of PayPal (Europe) S.à r.l. et Cie, S.C.A., Société en Commandite par Actions.

Basic rights and obligations of the seller and the buyer

The Seller is obliged to deliver the ordered goods to the Buyer at the agreed price.
The Seller shall inform the Buyer of the dispatch of the goods at the electronic address entered by the Buyer when creating the order.
The Buyer is obliged to take delivery of the ordered goods and pay the Seller the purchase price, if it has not already been paid through the payment gateway.
In case of violation of the terms of the Purchase Contract or the Business Conditions by the Buyer, the Seller reserves the right to withdraw from the Purchase Contract. In such a case, the withdrawal may also be made via email communication, whereby the moment of delivery is deemed to be the moment of sending the withdrawal from the Seller's email address. In the event of the Seller's withdrawal, the Buyer shall be obliged to return all the goods to which the withdrawal relates, if they have already been delivered to him, and to reimburse the Seller for all costs and damages associated with his order, in particular the costs of sending and returning the goods.
The Seller handles the buyers' complaints via the electronic address: hello@purply.cz.

Buyer's right to withdraw from the Purchase Contract

The buyer has the unquestionable right to withdraw from the concluded Purchase Contract for reasons provided for by generally binding legal regulations, in particular for the reasons set out in § 1829 (1) of the Civil Code and § 2002 of the Civil Code.
If the Purchase Contract is concluded by means of distance communication (in the PURPLY.cz online shop), the Purchaser has the right to withdraw from the Contract within 14 days of receipt of the goods without giving any reason, 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 time limit specified in the preceding paragraph and the Buyer shall state that he/she is withdrawing from the Contract, ideally with the order number, date of purchase and, if applicable, the account number for the refund.
For withdrawal from the Purchase Contract, the Buyer may also use the sample form provided by the Seller, in the following wording:

Sample form for withdrawal in case of conclusion of a Purchase Contract by means of distance communication within the meaning of Section 1829(1) of the Civil Code:

I hereby inform you that I withdraw from my Purchase Contract. It concerns the purchase of the following goods:

ordered/received on:

Consumer's name:

Consumer's address:

specification of the reason for withdrawal:

the consumer's account to which he/she wishes to return the money:

Consumer's signature:

date and place:

The Buyer may send the withdrawal from the Purchase Contract to the Seller's registered office address or to the Seller's electronic mail address hello@purply.cz.
In the event that the Buyer withdraws from the Contract pursuant to the preceding paragraphs, the Seller shall return the funds received from the Buyer (except for the amount representing the additional costs of delivery of the goods incurred as a result of the Buyer's chosen method of delivery of the goods, which is different from the cheapest method of standard delivery of the goods offered by the Seller) within 14 days of the Buyer's withdrawal from the Purchase Contract, in the same manner as the Seller received them from the Buyer, unless the Buyer specifies otherwise. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer returns the Goods to the Seller.
The provision of the Civil Code on withdrawal from the contract within 14 days pursuant to Article 1829(1) of the Civil Code cannot, however, be understood as an option to lend the goods free of charge. If the buyer exercises his right of withdrawal within 14 days of receipt of the goods pursuant to Section 1829(1) of the Civil Code, he must, within 14 days of withdrawal, hand over to the seller everything he has received under the contract in the same perfect condition in which the goods were delivered to him.
The Buyer does not have the right to withdraw from the contract in accordance with the provisions of Section 1837 of the Civil Code, particularly in the case of a delivery:
1. goods which have been modified according to the purchaser's wishes or for his person,
2. goods which have been used by the buyer and cannot be returned for hygiene reasons or for cleaning costs,
3. goods which have been damaged or in any way degraded, e.g. seams torn, label cut off, etc.
In the event of withdrawal from the contract, the buyer shall bear the costs associated with the return of the goods.

Final provisions

The language of communication between the Seller and the Buyer and the language of the Purchase Contract is Czech. The concluded Purchase Contracts are archived by the Seller in electronic form and are not accessible to other persons.
In the event that any provision of these Business Conditions is invalid or ineffective for any reason, this shall not render the other parts of the Business Conditions or the Purchase Contract invalid or ineffective.
The Seller may amend or supplement the wording of the Business Conditions. The amended terms and conditions shall be effective on the date of their publication. The rights and obligations of the Seller and the Buyer arising before the effective date of the new version of the Business Conditions shall not be affected by the change.
If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights under generally binding legislation.

CUSTOM-MADE PRODUCTION

The electronic request for goods on the PURPLY.cz website, section "Custom-made" is considered legally non-binding between the contracting parties. It becomes a binding order as soon as there is a verbal or written agreement between the Buyer and the Seller on the quotation. In such a case, the transaction between the Seller and the Buyer becomes a binding transaction and shall be governed by these provisions:

Definition of terms and performance of the contract:

The Seller is a natural person who, in concluding and performing the contract, acts within the scope of his trade or other business activity. The seller supplies the buyer, directly or through other entrepreneurs, with products or services.
Buyer-consumer means any buyer, unless it is a buyer-other entity as defined in the following paragraph of these Terms and Conditions.
Buyer-other entity is a buyer who is a business and it is clear from the circumstances at the time of the conclusion of the Contract that the purchase relates to his business. An entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so on a continuous basis for profit. Any person who enters into contracts in connection with his own commercial, manufacturing or similar activity or in the independent exercise of his profession, or who acts in the name of or on behalf of an entrepreneur, shall also be regarded as an entrepreneur.
Subject of purchase - the subject of purchase under a Purchase Contract is custom-made goods specified in writing in a proforma invoice. This document sets out details of the goods including the type of kimono, the tailoring, the type of fabric and the stated purchase price.
The price agreed in this proforma invoice is the final price and is exclusive of VAT (the Seller is not liable for VAT). In the event of further requirements by the Buyer which are beyond the scope of the Custom-made Order, the services will be charged as extra work by the Seller and the Buyer agrees to pay for them. The Buyer shall be notified by the Seller of the extra works in good time before they are carried out.
The procedure for concluding the Purchase Agreement is as follows. The Buyer's order is specified in writing in the proforma invoice document and the Buyer confirms it with his approval. From this moment on, mutual rights and obligations arising from the concluded purchase contract shall arise between the buyer and the seller.

The course of performance of the contract is as follows:

The Buyer specifies all the details of the Custom-made order within the order - especially the choice of pattern, from the variants that are shown to him/her, the choice of fabric, from the variants that are translated to him/her, his/her body measurements, on the basis of which the products are sewn (here the tolerance of measurements for the final product is accepted +/- 5 cm as it is handmade).
After the order is sewn, the order is handed over or sent to the customer.

Rights and obligations of the parties:

By agreeing to the proforma invoice, the Seller shall be obliged to create and subsequently hand over the Subject of Purchase to the Buyer, and the Buyer shall be obliged to take over the Subject of Purchase and pay the agreed price for it to the Seller, i.e. the purchase price of the Goods and, if applicable, transport.
The seller will deliver the goods based on the specification he has specified with the buyer at the initial meeting or call.
The Seller undertakes to deliver faultless goods to the Buyer.
The Buyer shall be bound to accept the goods ordered and delivered in accordance with the Purchase Contract and the Business Conditions. The Buyer is obliged to pay the Seller the purchase price duly and on time in accordance with the agreed terms and conditions, which are defined in the Payment for Goods section.

Payment for Goods

By agreeing to the final proforma invoice, the Buyer confirms and accepts the purchase price of the goods, within three days the Buyer is then obliged to pay 50% of the total amount to the Seller by bank transfer to the bank account number 2501449200 / 2010,( 2501449200 / 2010, IBAN:CZ53 2010 0000 0025 0144 9200, BIC/SWIFT:FIOBCZPPXXX, Variable symbol Buyer's name and surname). The buyer is obliged to pay the remaining 50% of the price within 3 days after delivery and testing of the goods, which have been tailored.

Delivery date and method of delivery

The goods will be delivered to the Buyer at the premises of Vrančická 411, Milín 262 31, or at a mutually agreed address and at a mutually agreed date in advance (hereinafter referred to as the "Delivery Date ") or even sent to the Buyer's address. Payment of the agreed price shall be understood as receipt and credit of 100% of the amount to the Seller's account or cash payment upon delivery of the goods.
The Seller shall not be in default during the period in which the Buyer fails to respond to the call for acceptance of the goods.

Return of goods

The Buyer may not withdraw from a Purchase Contract for the delivery of goods modified to the Buyer's requirements or made for the Buyer if the Seller has already started the order. The moment at which the Seller orders the materials for the order is deemed to have commenced.
If the statutory conditions for the return of goods are met, the Buyer will be refunded the purchase price after deduction of the Seller's costs associated with the return of the goods to the account designated by the Buyer.

Liability for defects and complaints procedure

The Seller is liable to the Buyer for the fact that the goods sold are in conformity with the discussed details of the custom-made production upon receipt by the Buyer, in particular that they are free from defects.
In the event that the Goods are not in conformity upon receipt by the Buyer (non-conformity with the Purchase Contract), the Buyer shall have the right to have the Seller restore the Goods to a condition consistent with the Purchase Contract, free of charge and without undue delay, either by modifying, repairing or replacing the Goods as requested by the Buyer. If such a procedure is not possible, the buyer may demand a reasonable discount on the price of the goods.
This does not apply if the Buyer was aware of the non-conformity with the contract of sale before taking delivery of the goods or if the Buyer has caused the non-conformity with the contract of sale.
The Seller shall be liable to the Buyer for defects which manifest themselves as a breach of the contract after the goods have been taken over within the guarantee period (guarantee). The invoice for the goods also serves as the warranty certificate.
The Seller is not liable for defects in the goods caused by improper or unprofessional handling or failure to follow instructions on how to care for the goods.
The Seller will always endeavour to make such required alterations to the goods as are feasible and in accordance with the Buyer's wishes. Seller is not obligated to make alterations due to a significant change in the customer's body measurements from the time of order to the time of delivery of the finished order, or alterations that fundamentally change the original style and wording of the order (e.g. the Buyer chooses a close fitting cut of the products when ordering, but requests a looser fit after the fitting).
For items sold at a lower price, the seller is not liable for the defect for which the lower price was agreed.
The warranty does not cover wear and tear caused by normal use, improper use or improper treatment, including washing, ironing or drying, weather conditions, improper handling and intentional damage.
The warranty period is 24 months for the Buyer-consumer (as defined in 2.2 above) and 12 months for the Buyer-other entity (in the case of a legal person or business).
The warranty period starts from the date of receipt of the item by the buyer.
The rights of liability for defects in the goods for which the warranty period applies shall be extinguished if not exercised within the warranty period.
The Seller's liability for defects in the goods sold shall be handled in accordance with the applicable regulations.
The Buyer may make a complaint to the Seller by visiting the Seller or by delivering the goods to the address Vrančická 411, Milín, 262 31, when the Buyer will hand over the claimed goods to the Seller. The time limit for processing the complaint starts on the day of delivery of the claimed goods to the seller. The claimed goods will be delivered to the seller without obvious dirt or other hygienic defects. In the event of the Buyer's failure to comply with this obligation, the claim will not be settled and the goods will be returned to the Buyer at the Buyer's expense for the removal of any hygiene defects.
The Seller or an employee authorized by the Seller shall decide on the Buyer - Consumer's complaint within 14 working days. This time limit does not include the time reasonable according to the type of goods, which is required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the Buyer-consumer agree on a longer period. This 30-day period is not binding on the Buyer - other entity. For the buyer-other entity, the 90-day period shall apply.

Final provisions

All contractual relations are governed by Czech law.
These Business Conditions come into force on the date of their disclosure and are effective for all orders placed on or after that date. The Seller reserves the right to change the terms and conditions. On the date of their publication, the validity of the previous terms and conditions is cancelled.
The Buyer is not entitled to assign its claim against the Seller arising from the Purchase Contract to a third party without the Seller's consent.
Special arrangements with the customer made in the purchase contract shall prevail over the provisions of these terms and conditions that would conflict with them.
The language of communication between the Seller and the Buyer and the language of the Purchase Contract shall be Czech. The concluded purchase contracts are archived by the Seller in electronic form and are not accessible to other persons.
In the event that any provision of these Terms and Conditions is invalid or ineffective for any reason, this shall not render the other parts of the Terms and Conditions or the Purchase Contract invalid or ineffective.

Basic Provisions

The administrator of the personal data pursuant to Article 4 point 7 of Regulation (EU) 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 (hereinafter: "GDPR") is Veronika Řehák Balson, with registered office at Vrančická 411, Milín 262 31, ID No.: 1249665, E-mail address: veronika.balson@gmail.com and telephone number: +420 777 808 722 (hereinafter: "Administrator").
Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
The Administrator has not appointed a data protection officer.

Sources and categories of personal data processed

The Administrator processes personal data that you have provided to the Administrator or personal data that the Administrator has obtained as a result of the fulfilment of your order.
The Administrator processes identification, contact and data necessary for the performance of the contract.

Lawful reason and purpose for processing personal data

The lawful reason for processing personal data is:
1. performance of the contract between you and the Administrator pursuant to Article 6(1)(b) of the GDPR,
2. the legitimate interest of the Administrator in the provision of direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) GDPR,
3. your consent to processing for the purpose of providing direct marketing pursuant to Article 6(1)(a) GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on certain information society services, in the absence of an order for goods or services.

The purpose of processing personal data is:

To process your order and to exercise the rights and obligations arising from the contractual relationship between you and the Administrator; when placing an order, personal data is required that is necessary for the successful processing of the order (name and address, contact, email, telephone), the provision of personal data is a necessary requirement for the conclusion and performance of the contract, without the provision of personal data it is not possible to conclude the contract or to perform it by the Administrator,
sending commercial communications and other marketing activities, in particular to operators of services and platforms such as Google, Facebook, Instagram, etc. The collection of these cookies (basic, marketing, functional and analytical) is subsequently processed by Google Inc. in accordance with the Privacy Policy, available at https://www.google.com/intl/cs/policies/privacy/#nosharing.
No automated individual decision-making within the meaning of Article 22 of the GDPR takes place on the part of the Administrator.

Data retention period

The Administrator retains personal data for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the Administrator and to assert claims under these contractual relationships (for a period of 5 years from the termination of the contractual relationship).
for the period until consent to the processing of personal data for marketing purposes is withdrawn, but no longer than 5 years if the personal data is processed on the basis of consent. After the expiry of the retention period, the Administrator will delete the personal data.

Recipients of personal data (subcontractors of the Administrator)

The recipients of personal data are persons involved in the delivery of goods / services / payment processing on the basis of a contract, providing e-shop operation services (Wix.com, Paypal) and other services in connection with the operation of the e-shop, providing marketing and accounting services.
The Administrator intends to transfer personal data to a third country (non-EU country) or an international organisation. Recipients of personal data in third countries are only cloud service providers, not entities created for the purpose of trading personal data.

Your rights

Under the conditions set out in the GDPR, you have the right to access your personal data under Article 15 of the GDPR,
The right to rectification of your personal data pursuant to Article 16 GDPR or restriction of processing pursuant to Article 18 GDPR.
The right to erasure of personal data pursuant to Article 17 GDPR.
The right to object to processing under Article 21 GDPR; and
the right to data portability under Article 20 GDPR.
the right to withdraw consent to processing in writing or electronically to the address or email of the Administrator set out in Article III of these terms and conditions.
You also have the right to file a complaint with the Data Protection Authority if you believe that your data protection rights have been violated.

Personal data security conditions

The Administrator declares that it has taken all appropriate technical and organisational measures to safeguard personal data.
The Administrator has taken technical measures to secure data storage and storage of personal data in paper form, in particular by using passwords and anti-virus programs, etc.
The Administrator declares that only persons authorised by it have access to personal data.

Final provisions

By submitting an order from the online order form or by signing a Custom-made Order, you confirm that you are aware of the terms and conditions of the Privacy Policy and that you accept them in their entirety.
The Administrator is entitled to change these terms and conditions. It will publish the new version of the Privacy Policy on its website www.purply.cz/obchodnipodminky.

All of these terms and conditions will take effect on 21.08.2022