Terms and conditions (Information) - Continental beds and natural mattresses | Johann Malle

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Terms and conditions

 

 GENERAL TERMS AND CONDITIONS

Johann Malle Production s.r.o., Podbabská 1112/13, 160 00  Praha 6 - Bubeneč

company registration number: 28768795, tax identifikation number: CZ28768795 

 

PREAMBLE

These General Terms and Conditions (hereinafter referred to as the "GTC") shall apply to purchases in an online shop and in showrooms with products (goods) of the selling company "Johan Malle Production s.r.o.". The General Terms and Conditions specify the rights and obligations of the Seller and the Buyer and are integral part of all purchase contracts concluded in showrooms and through the online shop. All contractual relations are concluded in accordance with the laws of the Czech Republic. Relations not covered by these GTC shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended and if the Buyer includes a consumer, also by Act No. 634/1992 Coll. on consumer protection, as amended.

I. Definition of Some Terms

1. For the purpose of these GTC the terms below shall have the following meaning:

a) Seller: commercial company "Johann Malle Production s.r.o.", Podbabská 1112/13,
Bubeneč, 160 00 Prague 6. Company registration number: 28768795, tax identification number: CZ28768795, incorporated in the Commercial Register kept by the Municipal Court in Prague, file number C 208632

b) Premises of the Seller: its business premises (showroom) or production premises in the building at:

• Praha - MoDo Shopping Gallery, V Oblouku 800, 252 43 Praha – Průhonice

• Brno - Business Park – Building C, Londýnské náměstí 881/6, 639 00 Brno

• Dlouhá Lhota 10, 294 05 Dlouhá Lhota;

c) Buyer: either a person acting in the process of contract concluding as a consumer (see paragraph d)) or as a businessman;

d) Buyer - consumer: a person acting in the process of contract concluding and performing beyond the frame of his/her business activity or beyond the frame of an independent performance of his/her profession; it is a physical or natural person buying products from the Seller for purposes other than doing business with them;

e) Products: mattresses, natural mattresses, bed mattresses, medical mattresses, orthopaedic mattresses, double mattresses, children's mattresses, futons, futon mattresses, tailored mattresses, custom-made mattresses, shiatsu mattresses, massage mattresses, meditation mattresses, relaxation mattresses, hypoallergenic mattresses, bio mattresses, medical mattresses, latex mattresses, coconut mattresses, 100% cotton mattresses, wellness mattresses, pads under mattresses, top pads, mattresses for cribs from purely natural certified materials, continental beds from natural materials, beds made of solid wood (spruce, beech, pine, oak, alder and others), futon beds, cribs, bed frames, frames, sofas, sunbeds, stools, benches, beds and custom-made frames, collections and bed systems, custom-made production.

f) All mattresses made by us must exclusively be used for fixed non-adjustable frames – the high-quality plate bottom must be without sharp edges of lathes and must occupy at least 2/3rd of the area under the mattress. The largest allowable distance between slats is 30 mm. All natural mattresses and the Johann Malle mattresses have been designed for a non-adjustable bed bottom. 

g) The given mattress height is measures at the highest point of a new mattress without any load, with a deviation up to + - 3% on both sides. The height is also given by the properties of the natural layers of the core.

h) For all Johann Male products a deviation up to ± 3% is permissible due to the properties of the layers of natural materials used.


II. Order

1. An Order of the products or other goods may be placed by the Buyer:

a) In showrooms through sales representatives

b) Through the contact form

c) By email: info@johann-malle.cz

d) Through the eshop Johann Malle Production s.r.o.

After placing an Order in the order system (after the Buyer has received email confirmation of his/its Order) the Order is deemed a concluded purchase contract and therefore a binding Order, in accordance with the applicable legal rules. An advance of 50% of the price of the ordered product shall be required for an Order of a custom-made product according to the wish of the customer; the purchase contract is concluded upon the payment of that advance.

 

2. An order abroad is handled individually via info@johann-malle.cz.


III. Prices

1. Unless otherwise provided, the Prices of the products are given by the current pricelist of Products of the Seller at the time of conclusion of the purchase contract (hereinafter referred to as the "Purchase Price"). The Prices are given including VAT and transport across the Czech Republic.

 

2. The Prices are contractual prices in their nature and are given including VAT (the Seller is a VAT payer).

IV. Bonuses, Discounts, Transport

1. The Seller offers various Bonuses and Discounts for the Products and accessories. The Seller reserves the right to change, cancel or introduce new Bonuses and Discounts at any time. Quantity Bonuses or Discounts, provided always on an individual basis, are concerned, in particular.

 

2. The Transport of the Products across the Czech Republic is free of charge and subject to the terms and conditions below.

V. Terms of Payment

1. The Buyer shall be obliged to pay to the Seller the Purchase Price properly and in time. Products shall be given to the Buyer only after the full payment of the Purchase Price.

 

2. The Buyer shall be obliged to pay the Purchase Price either:
a) Upon the conclusion of the purchase contract, in cash at the cash desk of the Seller (1), or
b) Upon the conclusion of the purchase contract, by payment card in the branch of the Seller (1), or
c) By bank transfer at the account determined by the Seller. Number of the Seller's bank account kept with Česká spořitelna a.s.: 000000-0006282942/0800 – give the number of your Order as reference. IBAN: CZ4708000000000006282942, SWIFT CODE: GIBACZPX, or
d) By cash on delivery.

    (1) "Pursuant to the Revenues Records Act, the seller is obliged to issue a receipt for the purchaser. The seller must record the received sum with the tax administrator on-line. In case of a technical failure, said sum must be recorded no later than within 48 hours."

 

3. For custom-made Products the Buyer shall pay an advance of 50% of the Purchase Price including VAT upon the signature of the purchase contract, unless otherwise provided upon the conclusion of the purchase contract. The remaining part of the Purchase Price must be paid by the Buyer before the acceptance of the Products, in a manner given in paragraph 2. If the Buyer does not pay the Purchase Price in time or not at all or prevents the delivery of the Products in any other manner, the Buyer shall be obliged to pay to the Seller a penalty amounting to 25% of the Purchase Price including VAT. The Buyer declares to deem such agreed penalty reasonable.


VI. Shipment of Products, Failure to Collect Products

1. The standard delivery time of Products offered by the Seller in stock is max. 5 business days, applicable to the Czech Republic. As for an Order of Products that are not in stock (e.g. custom-made beds and collections), Products are delivered not later than 2-4 weeks from the day of Order, provided that the Purchase Price is fully paid. Should the Seller be unable to meet that deadline, the same shall agree with the Buyer by phone or email the nearest date of delivery of the Products so that the Order is settled as quickly as possible to the satisfaction of the customer.

 

2. The contracting parties have agreed that should the Buyer fail to collect the purchased Products in 21 days from the day agreed in the purchase contract or, as appropriate, from the day the Buyer was called in writing (by email, SMS or fax) by the Seller to collect them, the Seller may withdraw from the purchase contract and sell the Products to any other person. The Buyer shall not be entitled to claim damages, e.g. lost profit, etc. Written withdrawal must be delivered to the other contracting party. The Seller shall be entitled to invoice to the Buyer a penalty for the non-collected Products after a withdrawal from the contract by the Seller; the penalty shall amount to the received advance; if no advance has been paid, the penalty shall amount to 50% of the value of the non-collected Products given in the purchase contract.

 

3. If non-collected Products are eventually collected and the Seller has not yet exercised the right to withdraw according to the previous paragraph, the Seller shall be entitled to require from the Buyer a penalty of 1% of the value of such Products for each day of delay exceeding 21 days, however, at least CZK 300.

 

4. Penalties shall be payable by the day of invoice delivery and can be set off against a received advance and / or any other received performance from the Buyer.

 

VII. Method of Transport

1. Products of the Seller are transported through courier services or by own Transport. Transport of the Products across the Czech Republic is free of charge. Products are always thoroughly packed to avoid damage during Transport. The customer should check if the package of the Products delivered (mattresses, beds, accessories) is not damaged and if the package is damaged, the customer should reject the acceptance of the shipment. In individual cases, it is possible to agree on personal acceptance of the ordered Products.

Products are commonly transported abroad, too. Transport abroad is handled individually through info@johann-malle.cz or by phone at + 420 720 253 827.
Transport of a Johann Malle continental bed or bed system is handled individually at info@johann-malle.cz or by phone at + 420 720 253 827.


VIII. Title

1. The Title to the Products shall pass to the Buyer only after the full payment of the Purchase Price under the purchase contract. Payment shall be deemed made upon the allocation of the respective amount to the account of the Seller. The risk of damage and liability for damage to the Products shall pass to the Buyer upon the acceptance of the Products. Maintaining the reservation of the Title in favour of the Seller shall remain even in case of further sale by the Buyer to a third person and/or in case of any further processing by the Buyer or a third person. The Buyer undertakes to always notify its customer thereof.

 

2. Product acceptance must be confirmed by the Buyer to the Seller on a delivery note or by a handover report.


IX. Protection of Personal Data

1. Protection of Personal Data of the Buyers is provided in accordance with the laws applicable in the territory of the Czech Republic.

 

2. Declaration on the Protection of Personal Data:
Johann Malle Production s.r.o. (hereinafter referred to as "MAP"), an operator of the website www.johann-malle.cz, fully respects and protects the personal integrity of every visitor of this website. MAP considers all of your Personal Data private and confidential and keeps them in accordance with the applicable legislation, in particular with the Act No. 101/2000 Coll., as amended, on protection of personal data.

 

3. This website uses the Google Analytics service provided by Google, Inc. (hereinafter referred to as "Google"). Google Analytics uses "cookies" files that enable with the text files placed in your computer an analysis of the method of use of this website by its users. Information generated by the cookie file on the use of the website (including your IP address) shall be transmitted by Google and placed on servers in the United States. Google shall use such information for the purpose of evaluation of the use of the website and creation of reports on its activity intended for its operators and for the provision of other services related to the activity on the website and the use of the Internet whatsoever. Google may also provide such information to third persons if required so by the law or if such third persons process such information for Google. Google shall not associate your IP address with any other data it has at its disposal. You can reject the use of cookies by selecting the appropriate settings in your browser, however, please note that if you do so, you shall not be able to fully use all the functions of this website. By using this website you agree with the processing of your data by Google, in the manner and for the purpose as stated above.

 

X. Withdrawal from the Contract by the Buyer

1. The consumer shall have the right to withdraw from the Contract (unless otherwise provided below) in fourteen days in case the Order is placed by email (info@johann-malle.cz) or through the contact form on the website as follows:

a) If a purchase contract is concerned, from the day of acceptance of the Products,

b) If a contract, the subject matter of which includes several types of Products or delivery of several parts, is concerned, from the day of acceptance of the final delivery of the Products; or

c) If a contract, the subject matter of which includes a regular repeated delivery of the Products, is concerned, from the day of acceptance of the first delivery of the Products;

The Withdrawal must be sent by the Buyer to the headquarters of the Seller based on an email sent by the Buyer to the email of the Seller (info@johann-malle.cz). Products must be returned at the address of the Seller, which is Dlouhá Lhota 10, 294 05 Dlouhá Lhota as an ordinary consignment. Shipments returned as cash on delivery shall not be accepted. Products including the original packaging must be in a perfect condition, undamaged, intact and unused, if possible, including all documents, manuals, warranty documents, etc., capable of further distribution. A returned shipment must also include a copy of proof of purchase. Based on Products returned in this manner, money for the ordered Products shall be returned to the Buyer not later than 20 calendar days, in an amount for which the Products were purchased.

The Seller must be notified in advance of any return of Products by email with the following wording: "I want to unilaterally withdraw from the Contract dated DD.MM.YYYY number (Order number) and I require to be returned the paid amount for the Products to account number (your account number)."

 

2. The consumer shall not have the right to withdraw from the Contract (unless otherwise provided below):
a) On provision of services that the Seller has provided with the prior express consent of the consumer before the deadline for the Withdrawal from the Contract;
b) On delivery of Products modified individually according to the wish of the consumer or for his person;
c) On repair or maintenance carried out in a place determined upon the request of the consumer; this shall, however, not apply in case of subsequent execution of repairs other than those requested or delivery of spare parts other than those requested;
d) On delivery of Products in sealed packaging that the consumer has taken out from the packaging and the packaging cannot be returned for hygiene reasons;

 

3. In the event of Withdrawal from the Contract the consumer shall bear the costs connected with the return of the Products and if a contract concluded by a mean of remote communication is concerned, the consumer shall bear the costs of return of the Products if such products cannot be returned by a usual postal way due to their nature;

 

4. The consumer shall be obliged to pay a proportional part of the Price in the event of Withdrawal from the Contract, the subject matter of which includes the provision of services and the provision has already started;

 

XI. Withdrawal from the Contract by the Seller

1. The Seller shall be entitled to cancel an Order and withdraw from the Contract (after a prior agreement with the Buyer) in the following cases, in particular;

a) When the Seller has a reasonable doubt regarding the actual identity of the Buyer;

b) When the Seller is not able to deliver the Products in the respective deadline in cases the Products are no longer manufactured or delivered and when the price of the supplier of the Products has significantly been changed;

c) When the Buyer does not pay the respective advance or Purchase Price according to the relevant provisions of these General Terms and Conditions;

 

2. In the event the Buyer has already paid a part of the Purchase Price or full Purchase Price, such amount shall be transferred back to his/its account or address as soon as possible.


XII. Quality Guarantee Upon Acceptance, Rights from Defective Performance and Claims Procedure

1. The Seller shall be liable to the Buyer – consumer for ensuring the Product is defect-free upon the Acceptance thereof (Quality Guarantee Upon Acceptance according to section 2161 of the Civil Code).

 

2. If a Product does not have the characteristics specified in section 2161 of the Civil Code, the Buyer – consumer may request a new, defect-free Product is delivered, id it is not unreasonable due to the nature of the defect but if the defect only relates to a component of a Product, the Buyer may only request replacement of the component; if it is not possible, the Buyer – consumer may withdraw from the Contract. If, however, it is unreasonable due to the nature of the defect, in particular when the defect can be remedied without undue delay, the Buyer shall have the right to a free remedy. If the Buyer – consumer does not withdraw from the Contract or does not exercise the right to delivery of a new, defect-free Product, to replacement of its component or repair of the Product, the Buyer – consumer may require a reasonable discount. The Buyer – consumer shall also have the right to a reasonable discount if the Seller is unable to deliver him/it a new, defect-free Product, replace any of its components or repair the Product and if the Seller fails to provide remedy in a reasonable time or if providing a remedy caused considerable difficulties to the Buyer – consumer.

 

3. If a defect is manifested in six months from Product acceptance by the Buyer – consumer, the Product is deemed defective already at the time of acceptance.

 

4. The Buyer shall not be entitled to the Rights from Defective Performance in case of defects of Products caused by the Transport of Products provided by the Buyer or as a result of improper handling or assembly by the Buyer.

 

5. A usual colour or structured difference in natural materials, textile and artificial materials (e.g. if there are slight variations in fabric pattern or in hue in respect of furniture substances), lacquered or glazed surfaces, in particular in respect of additionally ordered Products, do not constitute a defect of a Product. A mechanical damage, aesthetic shade changes, mechanical problems caused by own improper installation, damage caused by moisture or inadequate ventilation and defects caused by improper use or keeping a Product on an unsuitable surface do not constitute a defect of a Product. A difference in dimensions in respect of upholstered furniture within the respective tolerance does not constitute a defect. The Seller shall not be liable for a defect in respect of Products sold at a lower price where such a lower price has been agreed.

 

6. The Seller reserves the right to minor technical changes of the Products being sold.

 

7. The Right from Defective Performance shall not apply to wear of Products caused by their usual use, improper use or treatment, due to weather conditions, improper handling, wilful damage or to defects of which the customer has been notified in writing in the purchase contract.

 

8. The Buyer – consumer shall be entitled to exercise the right from a defect that occurs in Products in twenty-four months from acceptance and the Buyer shall be entitled to do so in six months from acceptance. For used Products the parties agree a time of twelve months from acceptance for the exercise of Rights from Defective Performance.

 

9. For the Buyer, the following is agreed differently from the relevant provisions of the Civil Code in case of Defective Performance:
a) Occurrence of a repairable defect or repairable defects shall always be deemed an insignificant breach of the Contract, not a material breach of the Contract,
b) In the event of an insignificant breach of the Contract the Buyer shall have the right to defect removal or reasonable discount on the Purchase Price, depending on the choice of the Seller,
c) In the event of a material breach of the Contract the Buyer shall have the right to a reasonable discount on the Purchase Price or Withdrawal from the Contract.

 

10. The Rights from Defective Performance shall be exercised with the Seller, namely in the customer service of the following business premises of the Seller:

Prague – MoDo Shopping Gallery, V Oblouku 800, 252 43 Prague – Průhonice

Brno - Business Park – Building C, Londýnské náměstí 881/6, 639 00 Brno

Dlouhá Lhota 10, 294 05 Dlouhá Lhota;

 

11. Claims Procedure: A Claim may be exercised by the Buyer in any store of the Seller orally together with the submission of an original copy or a copy of a sales receipt (purchase contract or proof of payment of the Purchase Price of the Products, hereinafter referred to as the "Sales Receipt Copy"), in writing by a letter with an enclosed original copy or a copy of the Sales Receipt or electronically by emailinfo@johann-malle.cz.

 

12. The Seller shall decide on a Claim of the Buyer – consumer immediately or in 5 business days in more difficult cases. This time does not include a time appropriate to the type of Products that shall be necessary for an expert assessment of the defect. A Claim including defect removal must be settled without undue delay, not later than 30 calendar days from lodging of the Claim, unless a longer time is agreed by the Seller and the Buyer – consumer. The Buyer shall be obliged to provide the so-called efficient cooperation in handling a Claim, in particular, to enable an inspection or repair of the Product in the agreed time or, as appropriate, prepare Products for transportation or take the Products after a repair.

 

13. In the event of return of a part or full Purchase price of a Product to the Buyer, for any reason (e.g. discount on the Purchase price, Withdrawal from the Contract), an amount up to CZK 2,500 (inclusive) may be paid out to the Buyer in cash at the cash desk of the Seller. If the amount exceeds CZK 2,500, it shall be returned to the Buyer by bank transfer to an account communicated to the Seller by the Buyer for that purpose or by y postal order in a reasonable time that shall usually not exceed 20 calendar days, unless otherwise provided.

 

14. When exercising a Claim, the customer shall transport the claimed Products to the place of Johann Malle Production s.r.o. for handling Claims at Dlouhá Lhota 10, 294 05 Dlouhá Lhota. After the end of the Claims Procedure, Products that have succeeded in being claimed shall be sent to the customer at the costs of Johann Malle Production s.r.o., unless otherwise provided by an agreement. A Claim cannot be filed and replacement of Products cannot be requested for gifts provided to the ordered Products free of charge and for discounted Products.

 

XIII. Information obligation of out-of-court settlements of consumer disputes

1. The seller would like to inform the consumers that, in compliance with the provisions of § 14, Act no. 634/1992 Coll., on the protection of consumers, the subject of out-of-court settlements of consumer disputes is the relevant Czech Trade Inspection Authority, Central Inspectorate – ADR department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, webpage: adr.coi.cz.

The out-of-court settlements of consumer disputes carried out by the Czech Trade Inspection Authority is governed by the relevant provisions of Act no. 634/1992 Coll., on the protection of consumers, and by the Rules for out-of-court settlements of consumer disputes.

XIV. Final Provisions

1. All contractual relationships shall be governed by the Czech laws.

 

2. These General Terms and Conditions shall take effect upon their publication and be in the respective wording relevant for all Orders placed on this day and later on. The Seller reserves the right to a change of these General Terms and Conditions. The new wording of the General Terms and Conditions shall also be published on the website of the Seller. Upon their publication, the validity of the prior General Terms and Conditions shall be cancelled; this shall, however, be without prejudice to purchase contracts concluded according to the existing wording of the General Terms and Conditions (see the first sentence of this paragraph).

 

3. The Buyer shall not be entitled to assign its claim against the Seller arising from this contract to any third person without the consent of the Seller.

 

4. The purchase contract does not require a written form. If a purchase contract is concluded in writing, any changes and amendments thereto must be made in writing.

 

5. Special arrangements with the customer made in writing in a purchase contract shall take precedence over the provisions of these General Terms and Conditions, with which they would be in conflict.

 

Johann Malle Production s.r.o.www.johann-malle.cz, last date of update: 31 March 2016.