General Terms and Conditions of Renard Leather, with its registered office at Foustkova 9, 616 00 Brno, ID: 14332493, registered in the Commercial Register, email info@renardleather.com, telephone number +420 608 115 634, (“We” or “Seller”) regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), mutual rights and obligations between you, as buyers, and us, as sellers, arising in connection with or based on the purchase agreement (“Agreement”) concluded through the E-shop on the website www.renardleather.com.
All information on the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here [link].
The provisions of these Terms and Conditions are an integral part of the Agreement. The Agreement and Terms and Conditions are drawn up in the Czech language. The wording of the Terms and Conditions may be unilaterally amended or supplemented. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the Terms and Conditions.
As you surely know, we primarily communicate remotely. Therefore, for our Agreement, means of distance communication are used, which allow us to agree without the simultaneous physical presence of us and you, and the Agreement is thus concluded by remote means in the environment of the E-shop interface, through the website interface (“E-shop web interface”).
If any part of the Terms and Conditions conflicts with what we have mutually agreed upon during the process of your purchase on Our E-shop, this specific agreement shall prevail.
1. SOME DEFINITIONS
1.1. Price is the financial amount you will pay for the Goods; 1.2. Shipping Cost is the financial amount you will pay for the delivery of the Goods, including the cost of packaging; 1.3. Total Price is the sum of the Price and Shipping Cost; 1.4. VAT is the value-added tax according to applicable legal regulations; 1.5. Invoice is a tax document issued in accordance with the value-added tax law on the Total Price; 1.6. Order is your binding proposal to conclude a Purchase Agreement for Goods with Us; 1.7. User Account is an account created based on the information you provide, allowing the storage of entered data and the history of ordered Goods and concluded Agreements; 1.8. You are the person purchasing on Our E-shop, referred to by legal regulations as the buyer; 1.9. Goods are everything you can purchase on the E-shop.
2. GENERAL PROVISIONS AND INFORMATION
2.1. The purchase of Goods is only possible through the web interface of the E-shop. 2.2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. Therefore, the information you have provided to Us in the Order will be considered correct and truthful. 2.3. We also provide access to product reviews conducted by other consumers on Our E-shop. We ensure and control the authenticity of such reviews by linking reviews to specific orders, so in Our internal system, each review is associated with a specific order ID, allowing Us to verify and prove that the review comes from a real consumer.
3. CONCLUSION OF THE AGREEMENT
3.1. The Agreement with Us can be concluded in Czech or English. 3.2. The Agreement is concluded remotely through the E-shop, and the costs of using remote communication means are borne by you. However, these costs do not differ from the basic rate you pay for using these means (especially for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that We use remote communication means. 3.3. To conclude the Agreement, you must create an Order on the E-shop. This proposal must include the following information: a) Information about the Goods being purchased (on the E-shop, you select the Goods you wish to purchase by clicking the “Add to cart” button); b) Information about the Price, Shipping Cost, method of payment of the Total Price, and the desired method of Goods delivery; this information will be entered as part of Order creation within the E-shop user interface, with information about the Price, Shipping Cost, and Total Price being automatically generated based on the selected Goods, method of delivery, and payment; c) Your identification and contact details for delivering the Goods, especially your name, surname, delivery address, telephone number, and email address. 3.4. During the Order creation process, you may change and verify the data until the Order is completed. By completing the Order through pressing the “Order obliging to payment” button, you confirm the Order. By completing the Order, you agree to the Terms and Conditions and the privacy policy. After pressing the “Order obliging to payment” button, all filled-in information will be sent directly to Us. 3.5. We will confirm your Order to you as soon as possible after it is received by Us, with a message sent to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions in effect on the date of the Order, i.e., the version attached as an attachment to the confirmation email, form an integral part of the Agreement. Confirmation of the Order constitutes the conclusion of the Agreement between Us and you. 3.6. There may be cases where We are unable to confirm your Order. This includes situations where the Goods are not available or cases where you order a larger number of Goods than allowed by Us. However, information on the maximum number of Goods will always be provided to you in advance on the E-shop, so it should not be surprising. If there is any reason why We cannot confirm the Order, We will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. In such a case, the Agreement is concluded when you confirm Our offer. 3.7. In the event that an obviously incorrect Price is stated on 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 an Order confirmation, and thus the Agreement has been concluded. In such a situation, We will immediately contact you and send you an offer to conclude a new Agreement in a modified form compared to the Order. In this case, the new Agreement is concluded when you confirm Our offer. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual Price from other sellers, or a digit is missing or surplus. 3.8. Upon conclusion of the Agreement, you are obligated to pay the Total Price. 3.9. In some cases, We allow you to use a discount when purchasing Goods. To provide the discount, you must enter the discount information into the designated field as part of the Order proposal. If you do so, the Goods will be provided to you with the discount.
4. PRICING AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP
4.1. The Price is always stated within the E-shop, in the Order proposal, and of course in the Agreement. In case 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, which will always be identical to the Price in the Agreement, shall apply. The Order proposal also specifies the Shipping Cost or conditions when shipping is free. 4.2. The Total Price is stated inclusive of VAT and all fees prescribed by law. 4.3. Payment of the Total Price will be requested from you after the conclusion of the Agreement and before the delivery of the Goods. You can make payment of the Total Price by the following methods: a) Bank transfer. Payment information will be provided to you as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 5 days. b) PayPal method. In such a case, payment is processed through the PayPal payment gateway. 4.4. An 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. 4.5. Ownership of the Goods passes to you only after you have paid the Total Price and taken possession of the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, and in other cases, it is paid at the time of payment.
5. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE ITEM
5.1. The Goods will be dispatched to you no later than within 10 days by the method of your choice, and you can choose from the following options: a) Personal pickup at Our premises. b) Delivery through courier services such as PPL, Zásilkovna, DHL. 5.2. The Goods can be delivered worldwide. 5.3. The delivery time of the Goods always depends on its availability and the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the Order confirmation. The time specified in these Terms and Conditions is only indicative and may differ from the actual delivery time. In the case of personal pickup at the premises, you will always be informed by email about the possibility of picking up the Goods.
5.4. After receiving the Goods from the carrier, it is your responsibility to check the integrity of the Goods’ packaging. In the event of any damage, you must immediately notify the carrier and Us. If there is damage to the packaging indicating unauthorized handling and entry into the shipment, you are not obliged to accept the Goods from the carrier. 5.5. If you fail to fulfill your obligation to accept the Goods, except in cases under clause 6.4 of the Terms and Conditions, it does not constitute a breach of Our obligation to deliver the Goods to you. However, your failure to accept the Goods does not constitute withdrawal from the Agreement between Us and you. In such a case, We have the right to withdraw from the Agreement due to your material breach of the Agreement or store the Goods, for which you owe Us a fee of CZK 500. If We decide to withdraw from the Agreement, the withdrawal becomes effective on the day We notify you of it. Withdrawal from the Agreement does not affect the right to payment of the Shipping Cost or the right to compensation for damages if incurred. 5.6. If, due to reasons on your part, the Goods are repeatedly delivered or in a manner other than agreed upon in the Agreement, it is your obligation to reimburse Us for the costs associated with such repeated delivery. Payment details for these costs will be sent to your email address provided in the Agreement and are due within 14 days of receiving the email. 5.7. The risk of damage to the Goods passes to you at the moment you take possession of them. If you do not take possession of the Goods, except in cases under clause 6.4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment you had the opportunity to take possession of them, but failed to do so due to reasons on your part. The transfer of the risk of damage to the Goods means that from this moment, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods. 5.8. If the Goods were not listed as in stock on the E-shop and an estimated availability time was provided, We will always inform you in the event of: a) an exceptional interruption in the production of the Goods, in which case We will always provide you with a new expected availability time or information that the Goods cannot be delivered; b) delay in delivering the Goods from Our supplier, in which case We will always provide you with a new expected delivery time.
6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
6.1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms, the Goods are free from defects, in particular, that the Goods: a) correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties; b) are suitable for the purpose for which you require them and with which we agree; c) are delivered with the agreed accessories and instructions for use, including assembly or installation instructions; d) are suitable for the purpose for which goods of this kind are usually used; e) by quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of goods of the same kind that you can reasonably expect, taking into account public statements made by us or another person in the same contractual chain, especially advertising or labeling; f) are supplied with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and g) correspond in quality or performance to a sample or model that was provided to you before the contract was concluded.
6.2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of §§ 2099 to 2117 and §§ 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
6.3. In the event that the Goods have a defect, especially if any of the conditions under Article 7.1 are not met, you may notify us of such defect and assert your rights arising from defective performance (i.e., complain about the Goods) by sending an email or letter to Our addresses provided in Our identification data. When asserting rights arising from defective performance, you must choose how you want the defect to be resolved, and this choice cannot be changed without Our consent. We will handle the complaint in accordance with the right to defective performance asserted by you.
6.4. If the Goods have a defect, you have the following rights: a) for the defect to be remedied by the delivery of new defect-free Goods or the delivery of the missing part of the Goods; or b) for the defect to be remedied by the repair of the Goods, unless the chosen method of defect removal is impossible or disproportionately costly compared to the other method, which will be assessed especially 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.
6.5. We are entitled to refuse to remedy the defect if it is impossible or disproportionately costly, especially considering the significance of the defect and the value that the Goods would have without the defect.
6.6. Furthermore, you have the right to: a) a reasonable price reduction; 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 recurs; c) the defect constitutes a material breach of the Contract; or d) it is apparent from our statement or 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 have caused the defect in the Goods yourself, you are not entitled to rights arising 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 considered a defect in the Goods.
6.10. If we do not agree on a longer period, we will remedy the defects within 30 days of receiving the complaint and provide you with information on the handling of the complaint to the contact details provided. If this period elapses without result, you may withdraw from the Contract or demand a reasonable price reduction.
6.11. We will inform you by email about the handling of the complaint and issue you a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of purposefully incurred expenses. You are required to prove these expenses, e.g., with receipts or price confirmations for transportation. If the defect is remedied by the delivery of new Goods, it is your obligation to return the original Goods to us, but we bear the costs of this return.
6.12. If you are a business entity, it is your obligation to report and object to the defect without undue delay after you could have discovered it, but no later than three days after taking possession of the Goods.
6.13. If you are a consumer, you have the right to assert rights arising from defective performance for a defect that occurs in consumer Goods within a period of 24 months from the receipt 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 inception, may occur for reasons and in the manner specified 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 activities, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of the conclusion of the Contract, or if it is a purchase of Goods, then within fourteen days from their receipt. If we have concluded a Contract for the sale of several units of Goods or the delivery of several parts of Goods, this period begins to run from the date of delivery of the last unit or part of the Goods, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, the period begins to run from the date of delivery of the first delivery.
7.3. You may withdraw from the Contract by any demonstrable means (in particular, by sending an email or letter to Our addresses provided in Our identification data).
7.4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject matter of the Contract is performance specified in § 1837 of the Civil Code.
7.5. The deadline for withdrawal under Article 8.2 of the Terms is considered met if you send us notice of withdrawal during this period.
7.6. In the event of withdrawal from the Contract under Article 8.2 of the Terms, you are obliged to return the Goods to us within 14 days of withdrawal, and we cover the costs of transport from you to us. You are entitled to have the shipping cost refunded, but only up to the amount corresponding to the cheapest offered method of delivering the Goods that we offered for delivery of the Goods. In the event of withdrawal due to a breach of the Contract by us, we also cover the costs associated with the return of the Goods to us, but again only up to the amount of the shipping cost corresponding to the cheapest offered method of delivering the Goods that we offered for delivery of the Goods.
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 debited, or to the account chosen for withdrawal from the Contract. However, the amount will not be refunded until we receive the Goods.
7.8. In the event of withdrawal from the Contract under Article 8.2 of the Terms, you are liable for any decrease in the value of the Goods resulting from handling the Goods in a manner other than what is necessary to acquaint yourself with the nature, characteristics, and functionality of the Goods, i.e., the way you would familiarize yourself with the Goods in a physical store. If we have not yet refunded the Price, we are entitled to set off the 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 delivering the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiration of the period specified in Article 6.1 of the Terms. We may also withdraw from the Contract if it is evident that you have intentionally provided incorrect information in the Order. If you are purchasing Goods within the scope of your business activities, i.e., as a business entity, we are entitled to withdraw from the Contract at any time, even without stating a reason.
8. CONSUMER DISPUTE RESOLUTION
8.1. We are not bound by any codes of conduct towards consumers within the meaning of § 1826 para. 1 letter e) of the Civil Code.
8.2. We handle consumer complaints through the email address info@renardleather.com. We will send information about the resolution of the complaint to the consumer’s email address.
8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution 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 796/44, 110 00 Prague 1, website: 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).
9. FINAL PROVISIONS
9.1. If Our and Your legal relationship contains an international element (i.e., for example, We will be sending goods outside the territory of the Czech Republic), the relationship shall always be governed by Czech law. However, if you are consumers, your rights under legal regulations are not affected by this provision.
9.2. We will communicate all written correspondence with you electronically. Our email address is provided in Our identification data. We will deliver correspondence to your email address provided in the Contract, User Account, or through which you contacted us.
9.3. The Contract may only be modified based on Our written agreement. However, We are entitled to change and supplement these Terms, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effectiveness of this change. We will inform you about the change at least 14 days before its effectiveness. If We do not receive a termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days from the date of sending the information about the change, the new terms become part of Our Contract and apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you terminate the Contract is 2 months.
9.4. In the event of force majeure or unforeseeable events (natural disasters, pandemics, operational disruptions, supplier failures, etc.), we are not liable for any damage caused as a result of or in connection with cases of force majeure, and if the force majeure situation lasts for more than 10 days, both We and You have the right to withdraw from the Contract.
9.5. The Contract, including the Terms, is stored in electronic form by 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, so you will always have access to the Contract even without Our cooperation. We recommend always saving the Order confirmation and Terms.
9.6. These Terms shall become effective on 22nd May 2024.
