Terms and Conditions

GENERAL TERMS AND CONDITIONS for e-shops

These general terms and conditions (“Terms and Conditions”)

of the e-shop of Mgr. Barbora Červenková

with its registered office at V Úvozu 125, 252 68 Kněževes
IN: 71496238
registered with the Municipal Trade Licensing Office of the Černošice Municipal Authority under ref. no. OOZU/10317/202 or 4/Vrt/3
e-mail: barbora@barboracervenkova.cz
telephone number +420 608 981 756
business address V Úvozu 125, 252 68 Kněževes

("We" or "Seller") regulate" in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code") the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of a purchase contract ("Contract") concluded through the E-shop on the website www.charmingwhitechoice.cz.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here.

The provisions of these Terms and Conditions are an integral part of the Contract. The Contract and Terms and Conditions are written in English. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous wording of the Terms and Conditions.

As you are aware, we primarily communicate remotely. Therefore, our Contract is also subject to the use of remote means of communication, which allow us to reach an Contract without the physical presence of both parties, and the Contract is thus concluded remotely in the E-shop environment via the website interface ("E-shop web interface").

If any part of the Terms and Conditions contradicts what we have mutually agreed upon during your purchase process on our E-shop, this specific Contract shall take precedence over the Terms and Conditions.

1. SOME DEFINITIONS

2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1. The purchase of Goods is only possible via the E-shop web interface.

2.2. 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 to us in the Order to be correct and true.

2.3. Our E-shop also provides access to reviews of Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders, so we can see the linked order ID for each review in our internal system, enabling us to verify that the review comes from a real consumer.

3. CONCLUSION OF THE CONTRACT

3.1. The Contract with us can only be concluded in Czech or English.

3.2. The Contract is concluded remotely via the E-shop, and you bear the costs of using remote means of communication. However, these costs do not differ from the basic rate you pay for using these means (e.g., Internet access), so you should not expect any additional charges from us beyond the Total Price. By sending the Order, you agree to our use of means of distance communication. 

3.3. In order for us to conclude the Contract, you must create an Order in the E-shop. This proposal must include the following information:

1. Information about the purchased Goods (in the E-shop, you mark the Goods you are interested in purchasing with the "To cart" button).;
2. Information about the Price, Shipping Costs, payment method, Total Price, and desired method of delivery of the Goods; this information will be entered when creating the Order in the E-shop user environment, whereby information about the Price, Shipping Costs, and Total Price will be entered automatically based on your selection of Goods, method of delivery, and payment method;
3. Your identification and contact details used to deliver the Goods, in particular your first name, last name, delivery address, telephone number, and email address.

3.4. During the creation of the Order, you can change and check the details until it is completed. After checking the details, click on the "Order with obligation to pay" button to complete the Order. However, before clicking the button, you must confirm that you have read and agree to these Terms and Conditions, otherwise it will not be possible to complete the Order. A checkbox is used for confirmation and consent. After clicking the "Order with obligation to pay" button, all the information you have entered will be sent directly to Us.

3.5. We will confirm your Order as soon as possible after it is delivered to us by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions, attached to the email. The Terms and Conditions in the version effective on the date of the Order, i.e., in the version attached as an attachment to the confirmation email message, form an integral part of the Contract. Confirmation of the Order constitutes the conclusion of the Contract between Us and You.

3.6. There may be cases where we are unable to confirm your Order. This applies in particular to situations where the Goods are unavailable or where you order more Goods than we can supply. However, we will always provide you with information about the maximum number of Goods in advance on our E-shop, so this should not come as a surprise. If there is any reason we cannot confirm your Order, we will contact you and offer you an alternative Contract in a form that differs from your Order. In such a case, the Contract is concluded upon your confirmation of our offer.

3.7. If an obviously incorrect Price is stated in 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 therefore been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. In such a case, the new Contract is concluded when you confirm our offer. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other retailers or a digit is missing or superfluous.

3.8. In the event that the Contract is concluded, you are obliged to pay the Total Price.

3.9. If you have a User Account, you can place an Order through it. Even in this case, however, you are obliged to check the accuracy, truthfulness, and completeness of the pre-filled data. The method of creating an Order is the same as for buyers without a User Account, but the advantage is that you do not need to repeatedly fill in your identification data.

3. 10. In some cases, we offer discounts on the purchase of Goods. To receive a discount, you must fill in the details of the discount in the designated field when placing your Order. If you do so, the Goods will be provided to you at a discount.

4. USER ACCOUNT

4.1. Based on your registration in the E-shop, you can access your User Account.

4.2. When registering a User Account, you are required to provide accurate and truthful information and to update it in case of any changes.

4.3. Access to your User Account is secured by a username and password. You are responsible for maintaining the confidentiality of this information and not sharing it with anyone. We are not responsible for any misuse of this information.

4.4. Your User Account is personal, and you are therefore not authorized to allow third parties to use it.

4.5. We may terminate your User Account, in particular if you have not used it for more than two years or if you breach your obligations under the Contract.

4.6. The user account may not be available continuously, particularly in view of the necessary maintenance of hardware and software equipment.

5. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

5.1. The price is always stated in the E-shop, in the Order proposal, and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which shall always be identical to the price in the Contract. The Order proposal also states the Price for transport, or the conditions under which transport is free of charge.

5.2. The total price includes VAT and all fees stipulated by law.

5.3. We will request payment of the Total Price after conclusion of the Contract and before delivery of the Goods. You can pay the Total Price in the following ways:

1. By bank transfer. We will send you payment details as part of your order confirmation. In the case of payment by bank transfer, the total price is payable within 48 hours.
2. By card online. In this case, payment is made via the Shoptet Pay payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: here. In the case of online card payments, the total price is payable within 24 hours.
3. Cash on delivery. In this case, payment will be made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.
4. Cash on collection. Goods can be paid for in cash when collected from our premises. In the case of cash payment on collection, the total price is payable upon collection of the Goods

5.4. 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 also be physically attached to the Goods and available in your User Account.

5.5. Ownership of the Goods shall pass to you only after you have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price shall be deemed paid when credited to Our account; in other cases, it shall be deemed paid at the moment of payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

6.1. The goods will be delivered to you within 10 days at the latest by the method of your choice (for items made to order, the delivery time may be longer), and you can choose from the following options:

1. Personal collection at our facility listed in the list of facilities;
2. Personal collection at Packeta and PPL Parcel Shop collection points;
3. Delivery via transport companies Česká pošta, PPL CZ, DHL, Packeta;

6.2. Goods can only be delivered within the Czech Republic and Slovakia.

6.3. The delivery time of the Goods always depends on their availability and the selected delivery and payment method. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time specified in these Terms and Conditions is only approximate and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform you of the possibility of picking up the Goods by e-mail.

6.4. After taking delivery of the Goods from the carrier, it is your responsibility to check that the packaging of the Goods is intact and, in the event of any defects, to report this immediately to the carrier and to Us. If there is damage to the packaging that indicates unauthorised handling and access to the shipment, you are not obliged to accept the Goods from the carrier.

6.5. If you breach your obligation to accept the Goods, with the exception of cases under Article 6.4 of the Terms and Conditions, 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 a withdrawal from the Contract between You and Us. However, in such a case, we shall be entitled to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we shall be entitled to compensation in the amount of CZK 100/day from you. If we decide to withdraw from the Contract, the withdrawal shall be effective on the day we deliver it to you. Withdrawal from the Contract does not affect the claim for payment of the Shipping Price or for compensation for any damages.

6.6. If, for reasons attributable to you, the Goods are delivered repeatedly or in a manner other than that agreed in the Contract, you are obliged to reimburse us for the costs associated with this repeated delivery. We will send the payment details for these costs to your email address specified in the Contract, and they are payable within 14 days of delivery of the email.

6.7. 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 cases specified in Article 4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment you had the opportunity to take delivery of them but failed to do so for reasons on your part. The transfer of the risk of damage to the Goods means that from that moment on, you bear all the consequences associated with the loss, destruction, damage, or any depreciation of the Goods.

6.8. If the Goods were not listed as in stock in the E-shop and an approximate availability time was given, we will always inform you in the following cases:

1. extraordinary failure to produce the Goods, in which case we will always inform you of the new expected availability date or inform you that it will not be possible to deliver the Goods;
2. delay in delivery of Goods from Our supplier, in which case We will always inform You of the new expected delivery date.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time of transfer of risk of damage to the Goods pursuant to Article 7 of the Terms and Conditions, the Goods are free from defects, in particular that the Goods:

1. correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;
2. are suitable for the purpose for which you require them and with which we agree;
3. is delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
4. is fit for the purpose for which goods of this type are normally used;
5. quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, correspond to the usual characteristics of Goods of the same type that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, in particular through advertising or labeling;
6. is delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and
7. corresponds in quality or design to the sample or model provided to you prior to the conclusion of the contract.

7.2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

7.3. If the Goods are defective, i.e. in particular if any of the conditions under Article 1 are not met, you may notify Us of such defect and exercise your rights arising from defective performance (i.e. complain about the Goods) by sending an email or letter to Our addresses listed in Our identification details, or in person at V Úvozu 125, 252 68 Kněževes. You can also use the sample form provided by Us, which forms Annex 1 to theTerms and Conditions, to make a complaint. When exercising your rights arising from defective performance, you must choose how you want the defect to be resolved, and you cannot subsequently change this choice without Our consent. We will handle your complaint in accordance with the rights you exercise in relation to defective performance.

7.4. If the Goods are defective, you have the following rights:

1. o remedy the defect by delivering new Goods without defects, or by delivering the missing part of the Goods; or
2. to remedy the defect by repairing the Goods,

unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other method, which will be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for you.

7.5. We are entitled to refuse to remedy the defect if it is impossible or disproportionately costly, particularly in view of the significance of the defect and the value that the Goods would have without the defect.

7.6. You also have the right to:

1. a reasonable discount on the Price; or
2. withdrawal from the Contract,

if:

we refuse to remedy the defect or fail to remedy it in accordance with legal regulations;

1. the defect occurs repeatedly,
2. the defect constitutes a material breach of the Contract; or
3. it is clear from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to You.

7.7. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.

7.8. If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.

7.9. Wear and tear caused by normal use of the Goods or, in the case of used Goods, wear and tear corresponding to the extent of their previous use shall not be considered a defect in the Goods.

7.10. When you make a claim, we will issue you with written confirmation stating:

1. the date on which you made the complaint;
2. what the complaint is about;
3. how you want your complaint handled;
4. Your contact details for the purpose of providing information about the handling of your complaint.

7.11. Unless we agree on a longer period, we will remedy the defects within 30 days of receiving the complaint and provide you with information about the handling of the complaint at the contact details provided. If this period expires without result, you may withdraw from the Contract or request a reasonable discount.

7.12. We will inform you about the settlement of your complaint by email and issue you with confirmation of the date and method of settlement. If the complaint is justified, you are entitled to reimbursement of reasonable costs incurred. You are required to provide proof of these costs, e.g. receipts or confirmation of shipping costs. If the defect has been remedied by the delivery of new Goods, you are obliged to return the original Goods to us, but we will cover the costs of this return.

7.13. If you are an entrepreneur, it is your obligation to report and point out the defect without undue delay after you have discovered it, but no later than three days after receiving the Goods.

7.14. If you are a consumer, you have the right to exercise your rights arising from defective performance in the event of a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

8. WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manner specified in this article, or in other provisions of the Terms and Conditions where the possibility of withdrawal is expressly stated.

8.2. If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activities, you have the right, in accordance with the provisions of Section 1829 of the Civil Code, to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or in the case of the purchase of goods, within fourteen days of receipt. If we have concluded a Contract for several items of Goods or for the delivery of several parts of Goods, this period shall commence on the date of delivery of the last item or part of the Goods, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it shall commence on the date of delivery of the first delivery.

8.3. You may withdraw from the Contract in any demonstrable manner (in particular by sending an email or letter to Our addresses listed in Our identification details). You may also use the sample form provided by Us, which forms Annex 2 to the Terms and Conditions, to withdraw from the Contract.

8.4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject matter of the Contract is performance specified in Section 1837 of the Civil Code.

8.5. The withdrawal period under Article 2 of the Terms and Conditions shall be deemed to have been observed if you send us a notice of withdrawal from the Contract during that period.

8.6. In the event of withdrawal from the Contract pursuant to Article 2 of the Terms and Conditions, you are obliged to send the Goods to us within 14 days of withdrawal and bear the costs associated with returning the Goods to us. On the other hand, you are entitled to a refund of the shipping costs, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods. In the event of withdrawal due to our breach of the concluded Contract, we will also cover the costs associated with returning the Goods to us, but again only up to the amount of the Shipping Cost corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods.

8.7. In the event of withdrawal from the Contract, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded before we receive the Goods or you prove to us that they have been sent back to us. Please return the Goods to us clean, if possible including the original packaging.

8.8. In the event of withdrawal from the Contract pursuant to Article 2 of the Terms and Conditions, you are liable to us for any reduction in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarize yourself with the nature, characteristics, and functionality of the Goods, i.e., in the manner in which you would familiarize yourself with the Goods in a brick-and-mortar store. If we have not yet refunded the Price to you, we are entitled to set off the claim for costs against your claim for a refund of the Price.

8.9. 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 related to the nature of the Goods), even before the expiry of the period specified in Article 1 of the Terms and Conditions. We may also withdraw from the Contract if it is apparent that you have intentionally provided incorrect information in the Order. If you are purchasing goods as part of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

9. RESOLVING DISPUTES WITH CONSUMERS

9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

9.2. We handle consumer complaints via the email address barbora@barboracervenkova.cz. We will send information about the handling of the complaint to the buyer's email address.

9.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, website: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from a purchase contract concluded by electronic means.

9.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, 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).

10. FINAL PROVISIONS

10.1. If our legal relationship with you contains an international element (for example, if we ship goods outside the Czech Republic), the relationship will always be governed by Czech law. However, if you are a consumer, this Contract does not affect your rights under the law.

10.2. All written correspondence will be delivered to you by email. Our email address is listed in Our Identification Details. We will deliver correspondence to your email address listed in the Contract, in your User Account, or through which you contacted us.

10.3. The Contract may only be amended based on our written Contract. However, we are entitled to amend and supplement these Terms and Conditions, but such amendments shall not affect contracts that have already been concluded, only Contracts that will be concluded after the amendment takes effect. However, we will only inform you of the change if you have created a User Account (so that you have this information in case you order new Goods; however, the change does not give you the right to terminate the Contract, as we do not have a concluded Contractt that could be terminated), or if we are to deliver Goods to you regularly and repeatedly on the basis of the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive a notice of termination of the Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new terms and conditions become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period in the event that you give notice of termination is 2 months.

10.4. In the event of force majeure or unforeseeable circumstances (natural disasters, pandemics, operational disruptions, subcontractor failures, etc.), we shall not be liable for any damage caused as a result of or in connection with force majeure, and if the force majeure situation lasts for more than 10 days, both we and you shall have the right to withdraw from the Contract.

10.5. A sample complaint form and a sample withdrawal form are attached to the Terms and Conditions.

10.6. The Contract, including the Terms and Conditions, is archived in electronic form with Us, but is not accessible to You. However, You will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by email, so You will always have access to the Contract even without Our cooperation. We recommend that You always save the Order confirmation and the Terms and Conditions.

10.7. These Terms and Conditions shall take effect 20. 2. 2026.

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Appendix No. 1 - Complaint form

Addressee:      Mgr. Barbora Červenková, V Úvozu 125, 252 68 Kněževes.

Making a claim

Date of conclusion of the Contract:
First and last name:
Address:
Email address:
Goods that are being returned:
Description of defects in goods:
Proposed method for handling complaints:

At the same time, I request confirmation of the complaint, stating when I exercised this right, the content of the complaint, the method of complaint resolution I require, and my contact details for the purpose of providing information about the resolution of the complaint.

 

Date:

Signature:

 

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Appendix No. 2 - Form for withdrawal from the Contract

Adressee:      Mgr. Barbora Červenková, V Úvozu 125, 252 68 Kněževes.

I hereby declare that I am withdrawing from the Contract:

Date of conclusion of the Contract:
First and last name:
Address:
E-mail address:
Specification of Goods covered by the Contract:
Method for returning the funds received, or providing a bank account number:

 

If the buyer is a consumer, they have the right, in the event that they ordered goods through the e-shop of Mgr. Barbora Červenková ("Seller") or other means of distance communication, except in cases specified in § 1837 of Act No. 89/2012 Coll. the Civil Code, 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 of receipt. In the case of a contract for several items of goods or the delivery of several parts of goods, this period shall commence on the date 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 date of delivery of the first delivery.

The buyer shall notify the Seller of this withdrawal in writing to the address of the seller's place of business or electronically to the e-mail address specified on the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, the seller shall send or hand over the goods received from the buyer without undue delay, no later than 14 days after withdrawal from the purchase contract.

If the buyer, who is a consumer, withdraws from the purchase contract, the seller shall return to him without undue delay, no later than 14 days from the withdrawal from the purchase contract, all funds (the purchase price of the delivered goods) including delivery costs, which it received from him on the basis of the purchase contract, in the same manner. If the buyer has chosen a delivery method other than the cheapest one offered by the Seller, the Seller shall refund the buyer the delivery costs only in the amount corresponding to the cheapest delivery method offered. The seller is not obliged to refund the funds received to the buyer before receiving the goods back or before the buyer proves that the goods have been sent by the Seller.

 

Date:

Signature:

 

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