Terms and conditions
Terms and Conditions
These terms and conditions apply to purchases in the online store located at the website www.beachswan.comThe terms and conditions further regulate the rights and obligations of the seller and the buyer.
1. Introductory provisions:
These terms and conditions (hereinafter referred to as the “Terms and Conditions”), with registered office at Černého 50, Brno 635 00, identification number: 87783789, (hereinafter referred to as the “Seller”) regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) via the Seller’s online store. The online store is operated by the Seller at the website https://www.beachswan.com via a web interface.
The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller's website located at https://www.beachswan.com (hereinafter referred to as the "Website") and other related legal relationships.
Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.
The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and the Terms and Conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
The Seller may change or supplement the wording of the Terms and Conditions.2. CONCLUSION OF THE PURCHASE CONTRACT
The Store's website contains a list of goods offered for sale by the Seller, including the prices of individual goods offered. The prices of the offered goods are binding, except for prices stated in an obviously incorrect manner. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed on the Store's website as available. This provision does not limit the Seller's ability to conclude a purchase contract under individually agreed conditions. All offers for the sale of goods placed on the Store's website are non-binding and the Seller is not obliged to conclude a purchase contract regarding these goods.
Products displayed in the online store are not a legally binding offer within the meaning of
Section 1732, paragraph 2 of the Civil Code. It is only an invitation to the Buyer to send a binding proposal to conclude a Purchase Contract.
The Store's website also contains information on the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of goods applies only in cases where the goods are delivered within the territory of the Czech Republic. The terms of delivery of goods abroad will be agreed individually.
To order goods, the Buyer fills out the order form in the Store's web interface. The order form contains in particular information about:
the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
the method of payment for the purchase price of the goods, information about the required method of delivery of the ordered goods and
information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order. The buyer thus has, among other things, the opportunity to detect and correct errors that occurred when entering data into the order and to remove individual items from the electronic shopping cart. The buyer will be shown in particular all the goods stored in the shopping cart, the price of these goods, the quantity of individual items (pieces), the sum of the price of all the goods stored in the shopping cart and the costs of shipping the ordered goods.
The buyer sends the order to the seller by clicking on the “Send order” button. The data specified in the order are considered correct by the seller. Sending the order is the buyer's proposal to conclude a purchase contract.
The seller's automatic system will immediately confirm receipt of the order to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address"). If the buyer has entered an incorrect e-mail address of the buyer, as a result of which the order confirmation cannot be delivered to him, the seller is entitled to cancel the order.
Confirmation of receipt of the order according to Art. 2. paragraph 7. is not the conclusion of a purchase contract. The purchase contract is concluded only at the moment of sending the confirmation of receipt of payment by the seller, or by sending the goods (cash on delivery), which the seller will deliver to the buyer's e-mail address; The full text of these terms and conditions valid on the date of conclusion of the purchase contract is included in the confirmation of payment for the goods or the confirmation of dispatch of the goods.
Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone) or to specify or change the terms of delivery of the goods or the method of payment compared to the purchase contract.
The buyer acknowledges that the seller is not obliged to conclude a purchase contract, especially with persons who previouslyhave materially violated their obligations towards the seller.
The buyer agrees to the use of distance communication means when concluding the purchase contract. The buyer shall bear the costs incurred by the buyer when using distance communication means in connection with concluding the purchase contract.
The seller is entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.3. PRICE OF GOODS AND PAYMENT TERMS
The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:
in cash on delivery at the place specified by the buyer in the order;
by bank transfer to the seller's account No. 1677680014/3030, maintained with Airbank a.s. (hereinafter referred to as the “Seller’s Account”);
Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount (Unless expressly stated otherwise, the purchase price also means the costs associated with delivery of the goods).
In the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of receipt of the order by the Seller, of which the Buyer will be informed by confirmation of receipt of the order pursuant to Article 2, paragraph 7.
In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other.
If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller will issue the tax document - invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's electronic address.4. WITHDRAWAL FROM THE PURCHASE CONTRACT
The buyer acknowledges that, according to the provisions of Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible to withdraw from the purchase contract for the delivery of goods modified according to the buyer's wishes.
Unless this is the case referred to in Art. 5 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829 of the Civil Code, within fourteen (14) days from the receipt of the goods. Withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days from the receipt of the goods.
In the event of withdrawal from the contract according to Art. 5 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within 5 working days from the date of sending the withdrawal from the contract to the seller. The goods must be returned to the seller undamaged and unworn and in the original gift packaging (box).
Within fifteen (15) days from the return of the goods by the buyer according to Art. 5 of the Terms and Conditions, the Seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are damaged or worn out.
In the event of withdrawal from the contract pursuant to Article 5 of the Terms and Conditions, the Seller shall return the performance provided by the Buyer to the Buyer within ten (10) days of the end of the period for examining the goods pursuant to Article 5 of the Terms and Conditions, but no later than fourteen (14) days of delivery of the withdrawal from the purchase contract to the Buyer, by bank transfer to the account designated by the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods to the Buyer.
The Buyer acknowledges that if the goods returned by the Buyer are damaged or worn out, the Seller shall be entitled to claim compensation for the damage incurred by the Buyer. The Seller is entitled to unilaterally offset the claim for compensation for the damage incurred against the Buyer's claim for a refund of the purchase price.
Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, in cashless form to the account specified by the buyer.
If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the consumer withdraws from the purchase contract, the gift contract regarding such a gift will cease to be effective and the buyer is obliged to return the gift provided to the seller together with the goods.
In the event of withdrawal from the contract, the buyer (as a consumer) acknowledges that he bears the costs associated with returning the goods to the seller in accordance with Section 1820 of the Civil Code.
The seller claims the right to deduct the cost of shipping and handling fees from the amount returned to the buyer.5. TRANSPORTATION AND DELIVERY OF GOODS
The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. If the method of transport is agreed upon based on the buyer's request, the buyer bears the risk and any additional costs.