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TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
1.1 These Business Terms and Conditions (“Business Terms and Conditions”) of Johann Malle Production s.r.o, Podbabská 1112/13, Bubeneč, 160 00 Prague 6, business ID no. (IČO): 28768795, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 208632 (“JMP”) and Czechoslovak Premium Design a.s., Na Florenci 1332/23, Nové Město, 110 00 Prague 1, business ID no. (IČO): 06349668, registered in the Commercial Register maintained by the Municipal Court in Prague, section B, entry 22750 (“CPD”; JMP and CPD jointly or individually the “Seller”) govern in accordance with the provisions of Section 1751 (1) of the Act No. 89/2012 Coll., Civil Code, as amended (the “Civil Code”) the mutual rights and obligations of the Contracting Parties arisen in relation or on the basis of an Order (“Order”) confirmed by the Buyer (“Buyer”) in the Seller’s shops and other means of remote communication (e.g. via e-mail).
1.2 JMP and CPD act alone in legal relationships, so the Order is always entered into only with the relevant Seller identified in the relevant Order or with whom the Buyer negotiates the purchase. None of the provisions of these Business Terms and Conditions creates joint responsibility of the Sellers.
1.3 The current list of Seller’s stores is available on the website located on the Internet www.johann-malle.cz (“Website”) in particular here: https://www.johann-malle.cz/kontakty-5/showroomy-1/.
1.4 The Business Terms and Conditions apply to the Buyer-consumer but also to cases when a person who bought the goods from the Seller is a legal entity or a person who acts when ordering the goods in the course of their business activities or in the course of independent performance of their profession.
1.5 Provisions derogating from these Business Terms and Conditions may be individually negotiated upon conclusion of the Order. Different provisions in the Order take precedence over the provisions of the Business Terms and Conditions.
1.6 The provisions of these Business Terms and Conditions form an integral part of the Order. The Order and Business Terms and Conditions are in Czech. These Business Terms and Conditions are available on the Website, in particular, here: https://www.johann-malle.cz/informace-4/obchodni-podminky-11/.
1.7 The Buyer acknowledges that the Seller is not obliged in justified cases to place an Order concerning the goods offered, in particular, if it is a person who has previously substantially violated the Order or these Business Terms and Conditions or a person who is in delay with payment of obligations due to the Seller. Section 1732 (2) of the Civil Code does not apply.
1.8 The Seller may unilaterally modify or supplement the Business Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Business Terms and Conditions.
2. ENTERING INTO AN ORDER
2.1 The Order is entered into (i) By signing the Order, or (ii) paying the deposit on the basis of the signed Order, or (iii) accepting the proposal to enter into the Order on the part of the Seller (e.g. via e-mail or other means). The goods remain owned by the Seller until full payment and takeover of the goods by the Buyer.
2.2 The Buyer has the right to review, test and check the completeness and damage of the goods prior to its takeover.
2.3 The purchase price for the goods is stated including all taxes and fees.
2.4 By completing the Order, the Buyer agrees to these Business Terms and Conditions and declares that he has been able to become acquainted with these Business Terms and Conditions prior to its conclusion.
3. PRODUCTION OF CUSTOM MADE GOODS
3.1 For the purposes of these Business Terms and Conditions, custom-made goods are goods, which are not a part of the Seller’s standard assortment or goods manufactured or customized according to the Buyer’s wish and custom made for him, which is simultaneously on the Website or in relevant catalogues or other tender or marketing materials labelled correspondingly, or this fact otherwise arises from the circumstances.
3.2 Custom-made goods are delivered within 5-6 weeks from the date of payment of advance according to Article 3.3 and the Order. Goods in standard sizes are delivered within 3-4 weeks from the date of payment of the advance according to Article 3.3 and the Order. If the Seller fails to meet this deadline, he will agree with the Buyer, by telephone or email, on the earliest possible delivery date of the delivery of the goods so that the Order can be executed as quickly as possible to the satisfaction of the customer.
3.3 The Seller is entitled to require the Buyer to pay a reasonable advance of the purchase price, which in case of custom-made goods is up to 50% of the purchase price. The Buyer shall pay the rest of the purchase price to the Seller at the latest at delivery of the goods or at another agreed date.
3.4 In case of custom made goods the Buyer may not use the right to withdraw from the Order in accordance with Section 1829 of the Civil Code, since these are goods within the meaning of Section 1837 d) of the Civil Code.
3.5 In the event that the Order is not custom made due to reasons on the part of the Seller within the time specified in the Order and the Buyer, due to such delay of the Seller, withdraws from the Order, the Seller is obliged to return the received advance to the Buyer in the way it was provided, or possibly other way the Buyer determines.
4.1 All Johann Malle mattresses must be used exclusively on fixed non-slip grates - the quality of the bottom plate must not have sharp edges and must occupy a minimum of 2/3 of the area under the mattress. The maximum permissible distance between the bars is 30 mm. All natural mattresses and Johann Malle mattresses are designed for the non-slip beds.
4.2 The stated mattress height is measured in the new mattress at the highest point without load, with a tolerance of up to ± 3% on both sides permissible and is due to the properties of the natural layers of the core.
5. PRICE FOR THE GOODS AND PAYMENT CONDITIONS
5.1 The Buyer may pay the purchase price for the goods and any costs associated with the delivery of the goods as ordered to the Buyer in cash or by such means of payment and methods, as the Buyer makes technically possible.
5.2 In case of cash payment, the purchase price is payable at the Seller's shop or to authorized Seller's staff in case of delivery of the goods to the Buyer's address.
5.3 In case of cash on delivery payment (if this option is enabled), the purchase price is payable upon receipt of the goods.
5.4 In case of non-cash payment by transfer to the account (if this possibility of payment is allowed), the purchase price is payable within the agreed period stated on the advance invoice; in case of delay with payment of the purchase price, the Seller is entitled to withdraw from the Order. In case of a non-cash payment, the Buyer is required to provide a variable symbol for the payment, which the Seller communicates to the Buyer to the Buyer's electronic address or in another agreed manner. In case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
5.5 The Seller is entitled, in particular, in the event that the Buyer does not receive the additional confirmation of the Order requested by the Seller to claim the full purchase price before the goods are dispatched to the Buyer. The provision of Section 2119 (1) of the Civil Code does not apply.
5.6 The Seller shall issue in respect of payments made on the basis of an Order to the Buyer - a tax document - invoice in accordance with applicable legal regulations. The Seller is a taxpayer of value added tax in accordance with applicable Czech legislation. The Seller is entitled to issue a tax document - invoice in electronic form and forward it to the Buyer by sending it to the Buyer's electronic address.
5.7 Under the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
5.8 Contractual penalties shall be payable on the date of receipt of the invoice and may be set off against the received deposit or any other consideration received from the Buyer.
6. TRANSPORT AND DELIVERY OF THE GOODS
6.1 The transport of the goods from an Order made shall be carried out in the manner agreed upon in the Order. Freight transport is free of charge throughout the Czech Republic.
6.2 Delivery outside of the Czech Republic may only be carried out on the basis of an individual agreement between the Seller and the Buyer.
6.3 If the mode of transport is agreed upon on the basis of a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.4 The Buyer is obliged to take over the goods upon delivery.
6.5 If, for reasons of on the Buyer’s side, it is necessary to deliver the goods repeatedly or in any other way than agreed, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or more precisely costs associated with another delivery method.
6.6 When the goods are taken over from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In the event of damage of the packaging indicating unauthorized entry into the consignment, the Buyer is not required to take delivery of the consignment from the carrier. If the packaging of the delivered products is damaged or the Buyer for other reasons does not take delivery of the consignment, the Buyer is obliged to inform the Seller and provide him with the necessary cooperation to raise claims with respect to the carrier.
6.7 Other parties’ rights and obligations in the carriage of goods may be governed by specific delivery terms of the Seller, or more precisely respective carrier with which the Buyer was made familiar in advance.
6.8 If the Buyer does not take over the purchased products within 21 days of the date agreed in the Order even though he has been asked in writing (via e-mail, SMS or fax) to take it over by the Seller:
(a) The Seller may withdraw from the Order and sell the products to another person. The Buyer will not incur any claims for damages such as lost profits, etc.
(b) The Seller is entitled to invoice the Buyer a contractual penalty of 1% of the value of these products for each day of delay exceeding 21 days, but not less than CZK 300.
7. SPECIAL PROVISIONS IN CASE OF CONCLUSION OF ORDER BY REMOTE MANNER OR OUTSIDE BUSINESS PREMISES
7.1 The Buyer acknowledges that the prices of the goods may vary within individual shops.
7.2 If it does not concern the case referred to in Article 7.3 of the Business Terms of Business or another case where under the applicable laws the Order cannot be withdrawn, the Buyer who is the consumer shall, in accordance with the provisions of Section 1829 (1) of the Civil Code withdraw from the Order concluded in remote manner or outside business premises (apart from the normal business premises) within 14 days of the receipt of the goods, whereas in case of several items of goods or the delivery of several parts, this period commences from the date of the last delivery of the goods. Withdrawal from the Order must be sent to the Seller within the deadline specified in the previous sentence. In order to withdraw from the Order, the Buyer may use a template form provided by the Seller, which forms annex to these Business Terms and Conditions. The Buyer may send withdrawal from the Order, inter alia, to the address of the Seller's office or to the Seller's electronic address on the form.
7.3 The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Order for the supply of goods, which has been adjusted according to the Buyer's wishes or for him (custom-made) and the goods in sealed packaging, and for hygienic reasons it can not be returned.
7.4 In the event of withdrawal from the Order under Article 7.2 of the Business Terms and Conditions, the Order is cancelled from the onset. Goods must be returned to the Seller within 14 days of withdrawal from the Buyer. If the Buyer withdraws from the Order, the Buyer bears the cost of returning the goods to the Seller, even if the goods cannot be returned by normal postal route due to the nature thereof.
7.5 In the event of withdrawal from the Agreement under Article 7.2 of the Business Terms and Conditions, the Seller shall return the funds, i.e., the price of the goods received by the Buyer within 14 days of the Buyer's withdrawal from the Order, in the same manner as the Seller has accepted from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods to the Buyer or otherwise, provided that the Buyer agrees to do so without incurring additional costs to the Buyer. If the Buyer withdraws from the Order, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or shows that the goods have been dispatched to the Seller.
7.6 The Seller shall be entitled to unilaterally set off the entitlement to damages arisen on the goods against the Buyer's claim to return the purchase price.
7.7 In cases where the Buyer has the right to withdraw from the Order in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Order at any time until the Buyer acquires the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay by credit card to the Buyer's account.
8. RIGHTS FROM DEFECTIVE PERFORMANCE, QUALITY WARRANTY, WITHDRAWAL
8.1 The rights and obligations of the Contracting Parties regarding rights ensuing from defective performance shall be governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Act No. 634/1992 Coll., on Consumer Protection, as amended, if the Buyer is a consumer).
8.2 The Seller shall be liable to the Buyer for the goods to be free from defects. In particular, the Seller is liable to the Buyer that, at the time the Buyer took over the goods,:
(a) The goods have properties that the Parties have agreed and, if the arrangement is lacking, has such properties that the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and the advertising they make,
(b) The goods are fit for the purpose, for which the Seller states or to which goods of this type are normally used,
(c) The goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
(d) The goods are in the appropriate quantity, measurement, or weight; and
(e) The goods comply with the requirements of the legislation.
8.3 In the event of defects, if the defective performance constitutes a fundamental breach of the Agreement, the Buyer is entitled to:
(a) The removal of the defect by delivering a new item without defect or by supplying the missing item, unless it is disproportionate due to the nature of the defect, but if the defect relates only to a part of the item, the Buyer may only require replacement of parts; if this is not possible, he can withdraw from the Agreement. However, if the defect is disproportionate to the nature of the defect, in particular, if the defect can be remedied without undue delay, the Buyer has the right to have the defect removed free of charge;
(b) To having the defect remedied by repairing the item;
(c) To a reasonable discount on the purchase price; or
(d) To withdraw from the Agreement.
8.4 The Buyer shall inform the Seller of the right he has chosen when reporting a defect or without undue delay after the defect is notified. The Buyer cannot change the choice made without the Seller's consent; this is not the case if the Buyer has requested the defect to be remedied, which will prove to be irreparable. If the defective performance constitutes a fundamental breach of the Agreement and if the Seller fails to remedy the defects within a reasonable time or informs the Buyer that the defects will not be remedied, the Buyer may request a reasonable discount from the purchase price instead of having the defect removed or withdraw from the Agreement. If the Buyer does not choose his right in a timely manner, he has the rights as in case of a breach of the Agreement that is not fundamental.
8.5 The Buyer has the right to a reasonable discount even if the Seller cannot deliver a new item without defects, replace its part or repair it, as well as if the Seller fails to remedy the defect within a reasonable time or that the remedy for the Buyer would cause serious difficulties.
8.6 If the defective performance does not constitute fundamental breach of the Agreement, the Buyer has the right to remove the defect or to a reasonable discount on the purchase price of the goods. Until the Buyer exercises the right to a discount on the purchase price or withdraws from the Agreement, the Seller can deliver what is missing or remove the legal defect. Other defects may be removed according to the Seller’s discretion by repair or by the delivery of a new item.
8.7 If the defective performance does not constitute a fundamental breach of the Agreement and if the Seller fails to remove the defect on time or the defect is rejected, the Buyer may request a discount on the purchase price or withdraw from the Agreement. The Buyer cannot change the choice made without the Seller's consent.
8.8 The right to the supply of a new item or the replacement of the part belongs to the Buyer even in the case of a defect that can be remedied if the item cannot be properly used for the repeated occurrence of a defect after repair or for a greater number of defects. In that case, the Buyer has the right to withdraw from the Agreement.
8.9 If the Buyer fails to notify the Buyer of any defect without undue delay after he has been able to find out, in due time and with due diligence, the court will not grant the right to defective performance. In case of a hidden defect, the same shall apply if the defect has not been reported without undue delay after the Buyer could have ascertained it with sufficient care, at the latest within two years after the item has been surrendered.
8.10 The provisions of Article 8.2 of the Business Terms and Conditions shall not apply to the goods sold at a lower price for a defect, for which a lower price has been agreed, for the wear and tear of the goods caused by their normal use, with respect to the used goods for defect corresponding to the degree or use, which the goods have at the take-over by the Buyer, or if it results from the nature of the goods.
8.11 If a defect occurs within six months following the take-over, the goods are deemed to have been defective already at take-over if the Buyer is a consumer. The Buyer who is a consumer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the take-over. The Buyer who is an entrepreneur is entitled to claim the right from a defect that occurs on consumer goods within six months of the take-over.
8.12 The right from defective performance does not belong to the Buyer if the Buyer knew before the take-over of the item that the item was defective or if the Buyer caused the defect himself.
8.13 The right of defective performance is claimed by the Buyer with the Seller at his branch address, where acceptance of the claim is possible with regard to the assortment of goods sold, or possibly even at the registered office or place of business.
8.14 Other rights and obligations of the Parties related to the Seller's liability for defects may be regulated by the Seller's claim rules.
8.15 If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Order (whether according to Article 7, 8 or otherwise), the donation agreement for such a gift ceases to be effective and the Buyer is obliged to return the presented gift together with the goods to the Seller.
8.16 Withdrawal from the Agreement must be in writing and must be delivered to the other Party.
9. OTHER RIGHTS AND OBLIGATION OF THE CONTRACTING PARTIES
9.1 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) e) of the Civil Code.
9.2 The complainant handles consumer complaints through the electronic address email@example.com. Buyer’s information on processing complaints will be sent to the Buyer's electronic address.
9.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, business ID no. (IČ): 000 20 869, Internet address: http://www.coi.cz is competent to settle consumer disputes out-of-court. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer ensuing from the Order.
9.4 The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EC) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Resolution on Consumer ODR).
10. PERSONAL DATA PROTECTION
10.1 Protection of the personal data of the Buyer, who is a natural person, is provided by the Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
10.2 The Buyer acknowledges that the Seller may process such personal data if, in the context of completing the Order, the Seller is provided with: title, name and surname, residence address, e-mail address, telephone number and bank account number ("Personal Data"); that the processing of personal data by the Seller is performed for the purpose of realization of the rights and obligations of the Order.
10.3 The Buyer agrees to send information related to the Seller's goods, services or business to the Buyer's electronic address or via SMS to the Buyer's telephone number, and further agrees to send the Seller's commercial communication to the Buyer's electronic address, and the Buyer is entitled to withdraw such consent anytime in full.
10.4 The Seller may authorize the third party to process the Buyer's personal data as a processor. In addition to the persons transporting the goods and the persons responsible for processing complaints, the personal data will not be transferred to the third party by the Seller without the Buyer's prior consent.
10.5 Personal data will be processed for the time necessary to meet the intended processing purposes. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
10.6 The Buyer confirms that the personal data provided are accurate and that he has been informed that this is a voluntary provision of personal data. The Buyer is obliged to inform the Seller of any change in his personal information without undue delay.
10.7 In the event that the Buyer considers that the Seller or a processor carries out processing of his personal data contrary to the protection of the Buyer's private and personal life or contrary to law, in particular if personal data is inaccurate with regard to the purpose of their processing, he may ask the Seller or processor for an explanation, require that the Seller or processor remove the conditions occurred. In particular, it may concern blocking, repairing, supplementing or disposing of personal data. If the Buyer's request under the previous sentence is found to be justified, the Seller or processor shall immediately remove the defective condition. If the Seller or processor fails to comply with the request, the Buyer has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the Buyer's right to contact the Office for Personal Data Protection directly with his complaint.
10.8 If the Buyer requests information on the processing of his personal data, the Seller is obliged to pass this information.
11. FINAL PROVISIONS
11.1 If the relationship based on an Order contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
11.2 If any provision of the Business Terms and Conditions is apparent, invalid or ineffective, or becomes so, instead of invalid clauses, a provision will be taken to the extent is as close as possible to the purpose of the invalid clause. The invalidity, invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
11.3 The Seller's current contact details are listed on the Website.
11.4 These Business Terms and Conditions are valid and effective from 15 November 2017.