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Terms and Conditions for Moodix eShop

I. Basic Provisions

These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)

moodix market s.r.o.
ID No.: 17970946
Registered office: Rybná 716/24, 110 00 Prague 1
Registered at the Municipal Court in Prague, file number: C 379466/MSPH
Return and complaint address: Moodix shop, 28 října 780/10, 415 01 Teplice
Contact information: e-mail: office@moodix.market
(hereinafter referred to as the “seller”)

These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside their business activities as a consumer, or within their business activities (hereinafter referred to as the “buyer”) through the web interface located on the website available at www.moodix.market (hereinafter referred to as the “online store”). The provisions of the terms and conditions are an integral part of the purchase contract. Differing arrangements in the purchase contract take precedence over the provisions of these terms and conditions. These terms and conditions and the purchase contract are concluded in the Czech language.

II. Information about Goods and Prices

Information about goods, including the prices of individual goods and their main characteristics, are provided for individual goods in the catalog of the online store. The prices of goods are listed including value-added tax, all related fees, and costs for returning goods, if these goods cannot be returned by their nature by regular postal service. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions. All presentations of goods placed in the catalog of the online store are of an informative nature, and the seller is not obliged to conclude a purchase contract regarding these goods. The prices of the offered goods are listed including VAT and delivery costs. Any discounts on the purchase price of goods cannot be combined, unless otherwise agreed by the seller and the buyer.

III. Order and Conclusion of the Purchase Contract

Costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself. These costs do not differ from the basic rate.

The buyer orders goods by filling out the order form with a registration and creating customer account, or without it.

When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment, and delivery. Before sending the order, the buyer is allowed to check and change the data they entered in the order. The order is sent by the buyer to the seller by clicking on the button “Send Order”. The data provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the buyer that they have read these terms and conditions.

Immediately after receiving the order, the seller will confirm receipt of the order to the buyer by sending an email to the email address provided by the buyer when placing the order. This confirmation is automatic and does not constitute acceptance of the order. The attachment to the confirmation is the current terms and conditions of the seller. The purchase contract is concluded only after acceptance of the order by the seller. The notification of acceptance of the order is delivered to the buyer’s email address. Immediately after receiving the order, the seller will confirm receipt of the order to the buyer by sending an email to the email address provided by the buyer when placing the order. This confirmation is considered the conclusion of the contract. The attachment to the confirmation is the current terms and conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the buyer’s email address.

If the seller cannot fulfill any of the requirements stated in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new draft of the purchase contract, and the purchase contract is in such a case concluded by confirmation of acceptance by the buyer to the seller’s email address specified in these terms and conditions.

All orders received by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone to the phone number or email of the seller specified in these terms and conditions.

In the event of a clear technical error on the part of the seller when stating the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price. The seller informs the buyer of the error without undue delay and sends the buyer a modified offer to their email address. The modified offer is considered a new draft of the purchase contract, and the purchase contract is in such a case concluded by confirmation of acceptance by the buyer to the seller’s email address.

IV. Payment Terms and Delivery of Goods

The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can only be paid by the buyer through a cashless payment by credit/debit card via the Stripe payment gateway.

Together with the purchase price, the buyer is 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 includes the costs associated with the delivery of the goods.

The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not an advance payment.

The goods are delivered to the buyer:

  • To the address specified by the buyer in the order
  • Through the pick-up point to the address of the pick-up point specified by the buyer.

The choice of the method of delivery is made during the ordering of the goods.

The costs of delivery of the goods depending on the method of dispatch and receipt of the goods are stated in the buyer’s order and in the confirmation of the order by the seller. If the method of transport is agreed upon based on a special requirement of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, or costs associated with a different method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In the event of finding a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.

The seller issues an invoice to the buyer – a tax document. The tax document is sent to the buyer’s email address.

The buyer acquires ownership of the goods by paying the full purchase price of the goods, including delivery costs, but not before taking over the goods.

Responsibility for accidental destruction, damage, or loss of goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but in contravention of the purchase contract did not do so.

V. Withdrawal from the Contract

A buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract. The withdrawal period is 14 days:

  • From the date of receipt of the goods
  • From the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
  • From the date of receipt of the first delivery of goods, if the subject of the contract is the regular repeated delivery of goods

The buyer cannot, among other things, withdraw from the purchase contract:

  • For the provision of services, if they were fulfilled with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract
  • For the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the seller’s will and which may occur during the withdrawal period
  • For the delivery of alcoholic beverages, which can be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the seller’s will
  • For the delivery of goods that have been modified according to the buyer’s wishes or for his person
  • For the delivery of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery
  • For the delivery of goods in a sealed package that the buyer has removed from the package and for hygienic reasons it is not possible to return
  • For the delivery of audio or video recordings or computer programs if the buyer has broken their original packaging
  • For the delivery of newspapers, periodicals, or magazines
  • For the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract
  • In other cases specified in § 1837 of the Civil Code.

To meet the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.

The buyer may use the sample withdrawal form provided by the seller to withdraw from the purchase contract. The buyer sends the withdrawal from the purchase contract to the seller’s email or delivery address specified in these terms and conditions. The seller shall confirm to the buyer without delay the receipt of the form.

If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before the buyer hands over the goods to him or proves that he sent the goods to the seller.

The goods must be returned by the buyer to the seller undamaged, unworn, and unsoiled and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer’s claim for the return of the purchase price.

The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The seller shall immediately inform the buyer via the email address provided in the order and return within 14 days of notification of withdrawal from the purchase contract all monetary funds including delivery costs, which he received from him under the contract, in the same manner, or in the manner specified by the buyer.

VI. Rights from Defective Performance

The seller (moodix market s.r.o., registered at the Municipal Court in Prague, file number: C 379466/MSPH, ID No.: 17970946, Registered office: Rybná 716/24, 110 00 Prague 1, e-mail: office@moodix.market) is responsible to the buyer that the goods upon receipt do not have defects. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

  • The goods have properties that the parties have agreed upon, and if there is no such agreement, the goods have properties that the seller or manufacturer described or which the buyer expected with regard to the nature of the goods and on the basis of advertising conducted by them,
  • The goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
  • The goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
  • The goods are in the appropriate quantity, measure, or weight, and
  • The goods comply with the requirements of legal regulations.

The obligations from defective performance have the seller at least to the extent to which the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right from the defect that occurs in the consumer goods within twenty-four months from receipt.

If a period is stated on the sold goods, their packaging, in the attached instructions to the goods, or in advertising in accordance with other legal regulations, during which the goods can be used, the provisions on the warranty for quality shall apply. By guaranteeing the quality, the seller undertakes that the goods will be eligible for use for the usual purpose or that they will retain their usual properties for a certain period. If the buyer has rightly pointed out a defect in the goods to the seller, the period for exercising rights from defective performance or the warranty period does not run for the time during which the buyer cannot use the defective goods.

The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear which the goods had when taken over by the buyer, or if it results from the nature of the goods. The buyer has no rights from defective performance if he knew before taking over the goods that the goods had a defect, or if he caused the defect himself.

In the event of a defect, the buyer may submit a complaint to the seller and demand:

  • Exchange for new goods,
  • Repair of goods,
  • A reasonable discount from the purchase price,
  • Withdrawal from the contract.

The buyer has the right to withdraw from the contract:

  • If the goods have a significant defect,
  • If he cannot properly use the item due to repeated occurrence of the defect or defects after repair,
  • In case of a larger number of defects in the goods.

A substantial breach of the contract is such a breach of which the party in breach of the contract already knew or must have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.

For a defect that means a minor breach of the contract (regardless of whether it is a removable or irremovable defect), the buyer has the right to have the defect removed or a reasonable discount from the purchase price.

If a removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, exchange the goods, or withdraw from the contract.

When submitting a complaint, the buyer is obliged to inform the seller about which right he has chosen. Changing the choice without the seller’s consent is possible only if the buyer requested the repair of a defect that turns out to be irremovable. If the buyer does not choose his right from a substantial breach of the contract in time, he has rights as in the case of a minor breach of the contract.

If repair or replacement of the goods is not possible, the buyer may demand a refund of the full purchase price based on the withdrawal from the contract.

If the seller proves that the buyer knew about the defect in the goods before taking them over or caused the defect himself, the seller is not obliged to comply with the buyer’s claim.

The buyer cannot claim the discounted goods for the reason for which the goods are discounted.

The claimed goods need to be sent to the address: Moodix shop, 28 října 780/10, 415 01 Teplice. The seller is obliged to issue to the buyer a written confirmation of when the buyer exercised the right, what is the content of the complaint, and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

VII. Delivery

The contracting parties may deliver all written correspondence to each other via electronic mail. The buyer delivers correspondence to the seller at the email address office@moodix.market. The seller delivers correspondence to the buyer at the email address specified in the buyer’s customer account or in the order.

VIII. Personal Data

All information that the buyer provides when cooperating with the seller is confidential and will be treated as such. Unless the buyer gives the seller written permission, the seller will not use the buyer’s data in any way other than for the purpose of fulfilling the contract, except for the email address to which commercial communications may be sent, as permitted by law unless expressly refused. These communications may only concern similar or related goods and can be unsubscribed from at any time simply (by sending a letter, email, or clicking on a link in the commercial communication). The email address will be retained for this purpose for 3 years from the conclusion of the last contract between the contracting parties.

More detailed information on the protection of personal data can be found in the Privacy Policy.

IX. Out-of-Court Dispute Resolution

The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent to resolve consumer disputes out of court from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according 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).

The seller is authorized to sell goods based on a trade license. Trade control is carried out within the scope of its competence by the relevant trade office. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

X. Final Provisions

All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If a relationship established by a purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.

The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826(1)(e) of the Civil Code.

All rights to the seller’s website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the consent of the seller.

The seller is not responsible for errors resulting from third-party interventions in the online store or from its use contrary to its purpose. The buyer must not use procedures that could have a negative impact on its operation when using the online store and must not perform any activity that could allow unauthorized interference or unauthorized use of the software or other components making up the online store and use the online store or its parts or software in a way that would be contrary to its purpose or intent.

The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect rights and obligations arising during the period of effect of the previous wording of the terms and conditions.

An attachment to the terms and conditions is a sample Withdrawal Form, which you can find in DOCUMENT section.

Return address and complaints: Moodix shop, 28 října 780/10, 415 01 Teplice.