Terms and Conditions
I. Basic Provisions
1.1.These general terms and conditions (hereinafter the “Terms and Conditions”) are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code of the Czech Republic (hereinafter the “Civil Code”).
Los Muertos, s.r.o.
Company ID No.: 08777004
VAT ID No.: CZ08777004
registered office: Rabasova 1387, 274 01 Slaný
registered with the Municipal Court in Prague, Section C, Insert 325099
contact details: Aneta Živná Kavalierová
email: info@losmuertos.cz
phone: +420 776 249 512
(hereinafter the “Seller”)
1.2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the buyer, who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter the “Buyer”), through the web interface located on the website available at the internet address www.losmuertos.cz (hereinafter the “online store”).
1.3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Divergent arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.
1.4. These Terms and Conditions and the purchase contract are concluded in Czech or English.
1.5. As you surely know, we primarily communicate remotely. Therefore, for our Contract it also applies that means of distance communication are used, which enable us to agree without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the environment of the E-shop, namely via the interface of the website www.losmuertos.cz (“E-shop web interface”).
1.6. If any part of the Terms contradicts what we have jointly approved during your purchase process on Our E-shop, that specific agreement shall take precedence over the Terms.
1.7. SOME DEFINITIONS
a) Price is the monetary amount you will pay for the Goods;
b) Shipping Price is the monetary amount you will pay for delivery of the Goods, including the cost of packaging;
c) Total Price is the sum of the Price and the Shipping Price;
d) VAT is value added tax under applicable legislation;
e) Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
f) Order is your binding proposal to conclude a Contract for the purchase of Goods with Us;
g) User Account is an account established on the basis of the data you provide, which enables the storage of the entered data and the storage of the history of ordered Goods and concluded Contracts;
h) You are the person purchasing on Our E-shop, referred to by legal regulations as the buyer;
ch) Goods means everything you can purchase on the E-shop.
1.8. Purchase of Goods is only possible via the E-shop web interface.
1.9. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information you have provided Us in the Order to be correct and truthful.
1.10. On our E-shop we also provide access to reviews of the Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking the review to specific orders; in our internal system, for each review we see a linked order ID, and we are thus able to verify and demonstrate that the review comes from a real consumer.
2. CONCLUSION OF THE CONTRACT
2.1.It is possible to conclude the Contract with Us in Czech or English.
2.2. The Contract is concluded remotely via the E-shop, and you bear the costs of using means of distance communication. However, these costs do not differ from the basic rate you pay for using these means (in particular for internet access); therefore, you should not expect any other costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use means of distance communication.
2.3. In order for us to conclude the Contract, you must create an Order on the E-shop. This proposal must include the following data:
a) Information about the Goods being purchased (on the E-shop you indicate the Goods you are interested in purchasing by the “Add to cart” button);
b) Information about the Price, the Shipping Price, the method of payment of the Total Price, and the requested method of delivery of the Goods; this information will be entered when creating the Order within the user environment of the E-shop, whereby information about the Price, Shipping Price and Total Price will be provided automatically based on the Goods selected by you, the method of its delivery and payment;
c) Your identification and contact details for us to deliver the Goods, in particular your first name, surname, delivery address, telephone number and email address.
2.4. During the creation of the Order you may modify and check the data until its completion. After checking, you complete the Order by pressing the “Order with obligation to pay” button. Before pressing the button, however, you must confirm that you have read and agree to these Terms; otherwise it will not be possible to complete the Order. The checkbox serves for the confirmation and consent. After pressing the “Order with obligation to pay” button, all the completed information will be sent directly to Us.
2.5. We will confirm your Order to you as soon as possible after it has been delivered to Us by a message sent to your email address entered in the Order. The confirmation will include a summary of the Order and these Terms in the form of an email attachment. The Terms as effective on the date of the Order, i.e., in the wording attached as an attachment to the confirmation email, form an integral part of the Contract. Upon confirmation of the Order, a Contract is concluded between Us and You.
2.6. There may be cases where we cannot confirm your Order. These are in particular situations where the Goods are not available or cases where you order a larger number of pieces of Goods than is allowed on our part. We will always provide you with information on the maximum quantity of Goods in advance within the E-shop, so it should not be surprising for you. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded when you confirm Our offer.
2.7. If an evidently incorrect Price is indicated within the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price even if you have received confirmation of the Order and the Contract has thus been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Contract in an amended form compared to the Order. The new Contract is then concluded when you confirm Our offer. An evident error in the Price is considered, for example, a situation where the Price does not correspond to the usual price from other sellers or a digit is missing or added.
2.8. When the Contract is concluded, you incur the obligation to pay the Total Price.
2.9. If you have a User Account, you may place an Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. The way the Order is created is identical to that for a buyer without a User Account; the advantage, however, is that it is not necessary to repeatedly fill in your identification data.
2.10. In some cases we allow you to use a discount on the purchase of Goods. To be granted the discount, you must enter the discount details into the predetermined field as part of the Order proposal. If you do so, the Goods will be provided to you at a discount.
3. USER ACCOUNT
3.1. Based on your registration within the E-shop, you can access your User Account.
3.2. When registering a User Account, it is your obligation to enter all data correctly and truthfully and to update it in the event of any changes.
3.3. Access to the User Account is secured by a username and password. You are obliged to keep these access details confidential and not to provide them to anyone. If they are misused, we bear no responsibility for that.
3.4. The User Account is personal, and you are therefore not entitled to allow third parties to use it.
3.5. We may cancel your User Account, in particular if you do not use it for more than 24 months, or if you breach your obligations under the Contract.
3.6. The User Account does not have to be available continuously, in particular with regard to the necessary maintenance of hardware and software equipment.
4. PRICE AND PAYMENT TERMS, RETENTION OF TITLE
4.1. The Price is always stated within the E-shop, in the Order proposal and, of course, in the Contract. In the event of a discrepancy between the Price stated with the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Contract. The Order proposal will also state the Shipping Price and, where applicable, the conditions under which shipping is free.
4.2. The Total Price is stated including VAT and including all charges imposed by law.
4.3. Any discounts on the purchase price of the goods cannot be combined, unless otherwise agreed between the Seller and the Buyer.
4.4. For orders over CZK 1,000 including VAT, the Seller provides a gift in the form of a ceramic mug while stocks last. An order over CZK 1,000 means an order whose value of purchased goods amounts to CZK 1,000 even after all discounts granted have been taken into account. Shipping and costs associated with delivery of the goods, such as cash-on-delivery fees, are not included in the order value.
4.5. We will require payment of the Total Price from you after the conclusion of the Contract and before handing over the Goods. You can pay the Total Price in the following ways:
a) Bank transfer. We will send you the payment details in the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 14 days.
b) PayPal online. In this case, payment is made via the PayPal payment gateway, and the payment is governed by the terms and conditions of this payment gateway, available at: www.paypal.com . In the case of online card payment, the Total Price is due within 24 hours.
c) Cash on delivery. In this case, payment is made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
4.6. The Invoice will be issued in electronic form after payment of the Total Price and will be sent to your email address. The Invoice will be available in the User Account.
4.7. Title to the Goods passes to you only after you pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid upon crediting to Our account; in other cases it is paid at the moment the payment is made.
5. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
5.1. The Goods will be delivered to you no later than within 10 days in the manner of your choice, where you can choose from the following options:
a) Personal collection at Our premises listed among the premises;
b) Personal collection at pick-up points of Zásilkovna, Uloženka;
c) Delivery via carriers Česká pošta, Zásilkovna.
5.2. Goods can be delivered only within the European Union.
5.3. The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform you about the possibility of picking up the Goods via email or by phone.
5.4. Upon receipt of the Goods from the carrier, it is your obligation to check the integrity of the packaging of the Goods and in the event of any defects to notify the carrier and Us without delay. If there is a defect in the packaging indicating unauthorised tampering and entry into the shipment, you are not obliged to accept the Goods from the carrier.
5.5. In the event that you breach your obligation to accept the Goods, with the exception of cases under Article 5.4 of the Terms, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods does not constitute withdrawal from the Contract between Us and You. However, in such a case, we are entitled to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we are entitled to a fee from you in the amount of the selected shipping + 5%. If we decide to withdraw from the Contract, the withdrawal becomes effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to compensation for any damage caused.
5.6. If, for reasons arising on your side, the Goods are to be delivered repeatedly or in a different manner than agreed in the Contract, you are obliged to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for these costs to your email address stated in the Contract and they are due 14 days after delivery of the email.
5.7. The risk of damage to the Goods passes to you at the moment you take delivery of them. If you do not take delivery of the Goods, except in the cases under Article 5.4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take delivery of them but, for reasons on your side, did not do so. The transfer of risk of damage to the Goods means that from that moment you bear all consequences associated with loss, destruction, damage or any devaluation of the Goods.
5.8. If the Goods were not indicated as in stock on the E-shop and an indicative availability time was stated, we will always inform you in the event of:
a) an extraordinary production outage of the Goods, and we will always inform you of the new expected availability time or of the fact that it will not be possible to deliver the Goods;
b) a delay in delivery of the Goods from Our supplier, and we will always inform you of the new expected delivery time.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. We warrant that at the time the risk of damage passes to the Goods pursuant to Article 5.7 of the Terms, the Goods are free of defects, in particular that the Goods:
a) correspond to the agreed description, type and quantity, as well as quality and other agreed characteristics;
b) are suitable for the purpose for which you require them and to which we agree;
c) are suitable for the purpose for which Goods of this type are usually used;
d) in quantity, quality and other characteristics, including durability, functionality, safety, correspond to the usual characteristics of Goods of the same kind which you can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular by advertising or labelling;
e) are delivered with accessories, including packaging, which you can reasonably expect; and
f) correspond in quality or workmanship to a sample or model which was provided to you before concluding the contract.
6.2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular by the provisions of §§ 2099 to 2117 and §§ 2161 to 2174b of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection of the Czech Republic, as amended).
6.3. If the Goods have a defect, i.e., in particular, if any of the conditions under Article 6.1 are not met, you may notify Us of such defect and assert rights from defective performance (i.e., make a claim for the Goods) by sending an email or letter to Our address indicated in Our identification data, or in person at Rabasova 1387, 274 01 Slaný. For making a claim you may also use the sample form provided by Us, which forms Annex No. 1 to the Terms. When asserting the right from defective performance, you must choose how you want the defect to be remedied, and you may not subsequently change this choice without Our consent. We will handle the claim in accordance with the right from defective performance asserted by you.
6.4. If the Goods have a defect, you have the following rights:
a) to remedy the defect by delivering new Goods free of defects, or by delivering the missing part of the Goods; or
b) to remedy the defect by repairing the Goods,
unless the chosen method of remedy is impossible or disproportionately costly compared to the other method, which shall be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the other method without significant difficulties for you.
6.5. We are entitled to refuse to remedy the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the Goods would have without the defect.
6.6. You also have the right to:
a) a reasonable discount on the Price; or
b) withdrawal from the Contract,
if:
a) we refuse to remedy the defect or do not remedy it in accordance with legal regulations;
b) the defect occurs repeatedly,
c) the defect constitutes a material breach of the Contract; or
d) it is apparent from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for you.
6.7. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.
6.8. If you caused the defect in the Goods yourself, you are not entitled to rights from defective performance.
6.9. Wear and tear of the Goods caused by their normal use, or in the case of used Goods wear and tear corresponding to the extent of their previous use, is not a defect.
6.10. When making a claim, we will issue you with a written confirmation stating:
a) the date you made the claim;
b) the content of the claim;
c) the method of handling the claim you request;
d) your contact details for the purpose of providing information about the handling of the claim.
6.11. Unless we agree on a longer period, we will remedy defects within 30 days of receiving the claim and provide you with information about the handling of the claim to the contact details provided. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.
6.12. We will inform you about the handling of the claim by email and issue you with confirmation of the date and method of handling the claim. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g., with receipts or confirmations of shipping prices. If the defect was remedied by delivering new Goods, you are obliged to return the original Goods to Us; however, We bear the costs of such return.
6.13. If you are an entrepreneur, you are obliged to notify and point out the defect without undue delay after you could have detected it, but no later than within three days of taking delivery of the Goods.
6.14. If you are a consumer, you have the right to assert rights from defective performance for a defect that occurs in consumer Goods within 24 months of taking delivery of the Goods.
7. WITHDRAWAL FROM THE CONTRACT
7.1. Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the manners set out in this Article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
7.2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have, in accordance with § 1829 of the Civil Code, the right to withdraw from the Contract without giving any reason within 14 days from the conclusion of the Contract, or, in the case of the purchase of goods, within fourteen days from taking delivery thereof. If we have concluded a Contract the subject of which is several items of Goods or the delivery of several parts of the Goods, this period starts running only on the day of delivery of the last item or part of the Goods, and in the case of a Contract under which the Goods are to be delivered regularly and repeatedly, on the day of delivery of the first delivery.
7.3. You may withdraw from the Contract in any demonstrable manner (in particular by sending an email or letter to Our addresses stated in Our identification data). For withdrawal, you may also use the sample form provided by Us, which forms Annex No. 2 to the Terms.
8.4. Even as a consumer, however, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance listed in § 1837 of the Civil Code.
7.5. The withdrawal period under Article 7.2 of the Terms is deemed to have been observed if you send Us a notice of withdrawal from the Contract within that period.
7.6. In the event of withdrawal from the Contract under Article 7.2 of the Terms, you are obliged to send the Goods to Us within 14 days of withdrawal and you bear the costs associated with returning the goods to Us. Conversely, you are entitled to have us refund the Shipping Price to you, but only up to an amount corresponding to the cheapest delivery method offered for the delivery of the Goods that we offered. If you withdraw due to Our breach of the concluded Contract, we will also bear the costs associated with returning the goods to Us, again only up to the amount of the Shipping Price corresponding to the cheapest delivery method offered for the delivery of the Goods that we offered.
7.7. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen in the withdrawal from the Contract. However, the amount will not be refunded before we receive the Goods or before you prove that the Goods have been sent back to Us. Please return the Goods to Us clean, and if possible including the original packaging.
7.8. In the event of withdrawal from the Contract under Article 7.2 of the Terms, you are liable to Us for any diminution in the value of the Goods resulting from handling the Goods in a manner other than necessary to familiarise yourself with the nature, characteristics and functioning of the Goods, i.e., in a manner in which you would familiarise yourself with the Goods in a brick-and-mortar shop. If we have not yet refunded the Price to you, we are entitled to set off our claim for costs against your claim for a refund of the Price.
7.9. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period referred to in Article 5.9 of the Terms. We may also withdraw from the Contract if it is obvious that you have intentionally provided incorrect information in the Order. If you purchase goods within your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving any reason.
8. CONSUMER DISPUTE RESOLUTION
8.1. We are not bound to buyers by any codes of conduct within the meaning of § 1826(1)(e) of the Civil Code.
8.2. We handle consumer complaints via the electronic address info@losmuertos.cz . Information on the handling of the complaint will be sent to the buyer’s electronic address.
8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: http://www.coi.cz , is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer, who is a consumer, arising from a purchase contract concluded by electronic means.
8.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz , is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
9. FINAL PROVISIONS
9.1. If Our and Your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if you are consumers, your rights arising from legal regulations are not affected by this arrangement.
9.2. We will deliver all written correspondence with you by electronic mail. Our email address is indicated in Our identification data. We will deliver correspondence to your email address stated in the Contract, in the User Account, or via which you contacted us.
9.3. The Contract may be amended only on the basis of our written agreement. However, we are entitled to amend and supplement these Terms; such change does not affect already concluded Contracts, but only Contracts that will be concluded after the change becomes effective. We will inform you of the change only if you have created a User Account (so that you have this information if you place a new Order for Goods; the change does not give rise to a right of termination since we do not have a Contract that could be terminated), or if, on the basis of a Contract, we are to deliver Goods to you regularly and repeatedly. We will send information about the change to your email address at least 14 days before the change becomes effective. If we do not receive a notice of termination from you within 14 days of sending the information about the change regarding a concluded Contract for regular and repeated deliveries of Goods, the new terms become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period, if you give notice, is 2 months.
9.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure, and if the force majeure persists for more than 10 days, both We and You have the right to withdraw from the Contract.
9.5. Annexes to the Terms include a sample complaint form and a sample withdrawal form.
9.6. The Contract, including the Terms, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, and you will thus always have access to the Contract even without Our cooperation. We recommend that you always save the Order confirmation and the Terms.
9.7. These Terms take effect on 31.12.2022.
Annex No. 1 – Complaint Form
Addressee: LOS MUERTOS, s.r.o., Rabasova 1387, 274 01 Slaný
Assertion of a claim
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Date of conclusion of the Contract: |
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First name and surname: |
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Address: |
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Email address: |
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Goods being claimed: |
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Description of defects of the Goods: |
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Proposed method for handling the claim: |
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I also request the issuance of a confirmation of assertion of the claim indicating when I asserted this right, the content of the claim, the method of handling the claim I request, together with my contact details for the purpose of providing information on the handling of the claim.
Date:
Signature:
Annex No. 2 – Withdrawal Form
Addressee: LOS MUERTOS, s.r.o., Rabasova 1387, 274 01 Slaný
I hereby declare that I withdraw from the Contract:
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Date of conclusion of the Contract: |
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First name and surname: |
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Address: |
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Email address: |
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Specification of the Goods to which the Contract relates: |
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Method for returning the received funds, or indication of the bank account number: |
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If the buyer is a consumer, they have the right, if they have ordered goods via the e-shop of Los Muertos, s.r.o. (the “Company”) or another means of distance communication, except for the cases referred to in § 1837 of Act No. 89/2012 Coll., the Civil Code of the Czech Republic, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or, in the case of the purchase of goods, within fourteen days from taking delivery thereof. In the case of a contract the subject of which is several items of goods or the delivery of several parts of goods, this period starts running only on the day of delivery of the last item or part of the goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, from the day of delivery of the first delivery.
The buyer shall notify the Company of such withdrawal in writing to the Company’s business premises address or electronically to the email stated on the sample form.
If a buyer who is a consumer withdraws from the purchase contract, they shall send or hand over to the Company, without undue delay and no later than 14 days from withdrawal from the purchase contract, the goods they have received from it.
If a buyer who is a consumer withdraws from the purchase contract, the Company shall, without undue delay and no later than 14 days from withdrawal from the purchase contract, return to them all monetary funds (the purchase price of the delivered goods), including the costs of delivery, which it has received from them under the purchase contract, in the same manner. If the buyer chose a method of delivery other than the cheapest method of delivery of goods offered by the Company, the Company shall return to the buyer the costs of delivery of the goods only in the amount corresponding to the cheapest offered method of delivery of goods. The Company is not obliged to return the received monetary funds to the buyer before it has received the goods back or before the buyer proves that they have sent the goods to the Company.
Date:
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