TERMS AND CONDITIONS

Commercial company MadaCraft s.r.o., with its registered office at Lidická 700/19, 60200 Brno – Veveří,
Company ID: 11823879, VAT ID: CZ11823879,

registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 124907,

for the sale of goods through the online store located at the internet address: www.mada-craft.cz

1. INTRODUCTORY PROVISIONS

1.2. These Terms and Conditions do not apply in cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activity or within the scope of their independent professional practice when placing the order.

1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Contract. Any such deviating provisions in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions.

1.4. The provisions of these Terms and Conditions form 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 may be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. CONCLUSIONS  OF THE PURCHASE CONTRACT

2.1. The web interface of the store contains a list of goods offered for sale by the Seller, including the prices of individual items. The prices of the offered goods are listed inclusive of value-added tax (VAT) and all related charges. The offer to sell goods and the prices of such goods remain valid for as long as they are displayed on the web interface of the store. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed terms. All offers to sell goods displayed on the web interface of the store are non-binding, and the Seller is not obliged to enter into a Purchase Contract for the goods in question.

2.2. The web interface of the store also contains information regarding the payment methods for the ordered goods and the costs associated with packaging and delivery of the goods. The information about the costs related to packaging and delivery, as stated on the web interface of the store, applies only in cases where the goods are delivered within the territory of the Czech Republic.

2.3. To order goods, the Buyer fills out an order form within the web interface of the store. The order form contains, in particular, information about: the goods being ordered (the Buyer "adds" the ordered goods to the electronic shopping cart within the web interface of the store), the method of payment for the purchase price of the goods, details about the requested method of delivery of the ordered goods, information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

Before submitting the Order to the Seller, the Buyer is allowed to review and modify the information entered into the Order, including the possibility to detect and correct any errors made when entering data into the Order. The Buyer submits the Order to the Seller by clicking the "SUBMIT ORDER" button. The data provided in the Order are considered by the Seller to be accurate. The Seller shall promptly confirm receipt of the Order to the Buyer via email, sent to the email address provided by the Buyer in the user interface or in the Order (hereinafter referred to as the "Buyer's email address").

2.4. Before submitting the order to the Seller, the Buyer is allowed to review and modify the data entered into the order, including the possibility to detect and correct any errors made during data entry. The Buyer submits the order to the Seller by clicking the "SUBMIT ORDER" button. The data provided in the order are considered accurate by the Seller. The Seller shall promptly confirm receipt of the order to the Buyer by email, sent to the email address provided by the Buyer in the user interface or in the order (hereinafter referred to as the "Buyer's email address").

2.5. The Seller is always entitled, depending on the nature of the order (quantity of goods, delivery date, purchase price, estimated shipping costs), to request additional confirmation of the order from the Buyer (for example, in writing or by phone).

2.6. The contractual relationship between the Seller and the Buyer is established upon delivery of the order acceptance, which the Seller sends to the Buyer by email, to the Buyer's email address.

2.7. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously materially breached the purchase contract (including these Terms and Conditions).

3. PRICE OF GOODS AND PAYMENT TERMS

3.1. The Buyer may pay the purchase price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller by the following methods:

• By cashless bank transfer to the Seller's account no. 2602038910/2010 held at Fio banka a.s. (hereinafter referred to as the "Seller's account");
• Cashless payment by payment card via the Stripe payment gateway, using Visa, Mastercard, or Maestro credit or debit cards; 

3.2. 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 explicitly stated otherwise, the purchase price also includes the costs related to the delivery of the goods.

3.3. The Seller does not require the Buyer to pay a deposit or any similar advance payment. This does not affect the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

3.4. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods while providing the variable payment symbol. The Buyer's obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the Seller's account.

3.5. The Seller is entitled, especially in cases where the Buyer fails to provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before the goods are shipped to the Buyer. The provision of Section 2119, paragraph 1 of the Civil Code shall not apply.

3.6. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

3.7. The Seller shall issue a tax document – invoice – to the Buyer regarding payments made based on the Purchase Contract. The Seller is a VAT payer. The Seller will issue the tax document – invoice – to the Buyer after the purchase price has been paid and send it electronically to the Buyer's email address.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1. In accordance with the provisions of Section 53(7) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods. The withdrawal must be delivered to the Seller within this fourteen (14) day period, to the Seller's email address:  info@mada-craft.cz. In such a case, the Buyer shall inform the Seller of their withdrawal from the Purchase Contract, including the order number, name, and date of purchase.

4.2. In the event of withdrawal from the contract pursuant to Article 3.1 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within 14 business days from the date the notice of withdrawal is sent to the Seller. The goods must be returned undamaged, unused, and in their original, UNDAMAGED packaging.

4.3. After withdrawing from the Purchase Contract, the Buyer shall send the goods to the Seller at the following address:

MadaCraft s.r.o., U Hl. Nádraží 5, 58601 Jihlava. 
The Buyer is advised to return the goods to the Seller as an insured shipment, as the Seller is not liable for any loss or damage of the parcel during transport. The costs of returning the goods, i.e. postage, shall be borne by the Buyer. 

4.4. Within five (5) days of the return of the goods by the Buyer pursuant to Article 3.2 of the Terms and Conditions, the Seller is entitled to inspect the returned goods, in particular to determine whether the goods have been damaged or used.

4.5. In the event of withdrawal from the contract pursuant to Article 3.1 of the Terms and Conditions, the Seller shall return the purchase price to the Buyer no later than within fourteen (14) days, including the costs associated with the delivery of the goods, by cashless transfer to the account specified by the Buyer. However, this does not apply in cases where the goods are returned due to incorrect sizing or unsuitable color. Such cases are handled individually by agreement with the customer.

4.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged or worn, the Seller is entitled to claim compensation from the Buyer for the damage incurred. The Seller is entitled to unilaterally set off the claim for compensation against the Buyer's claim for a refund of the purchase price.

4.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that, in the event the consumer withdraws from the purchase contract, the gift agreement regarding such a gift shall become void, and the Buyer is obliged to return the provided gift to the Seller along with the goods.

4.8. In the event that the Buyer repeatedly refuses to accept orders from the carrier, the Seller is entitled to request payment by bank transfer from the Buyer before dispatching the order. If the payment is not made within the invoice due date, the Seller is entitled to withdraw from the purchase contract concluded according to Article 2 of the Terms and Conditions. In cases of repeated returns of orders back to the Seller, the Seller is entitled to request the Buyer to cover the costs incurred in connection with the transportation of the unaccepted orders. These cases are handled individually with the Buyer.

5. SHIPPING AND DELIVERY OF GOODS

5.1. If the method of delivery is agreed upon based on a special request by the Buyer, the Buyer shall bear the risk and any additional costs associated with that method of delivery.

5.2. If the Seller is obliged under the Purchase Contract to deliver the goods to a location specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.

5.3. If, for reasons attributable to the Buyer, it is necessary to deliver the goods repeatedly or in a manner different from that specified in the order, the Buyer is obliged to cover the costs associated with the repeated delivery or the alternative delivery method.

5.4. Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, immediately notify the carrier. If the packaging appears to have been tampered with or shows signs of unauthorized access, the Buyer is entitled to refuse acceptance of the shipment from the carrier.

6. LIABILITY FOR DEFECTS, WARRANTY

6.2. The Seller is liable to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller guarantees that at the time the Buyer took delivery of the goods:

6.2.1. the goods have the properties agreed upon by both parties, or, in the absence of such an agreement, have the properties described by the Seller or expected by the Buyer given the nature of the goods and based on the advertising carried out by the Seller,

6.2.2. the goods are suitable for the purpose for which the Seller states they are intended to be used or for which goods of this kind are usually used,

6.2.3. the goods are in the appropriate quantity

6.2.4. the goods comply with the requirements of legal regulations.

6.3. The provisions stated in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a reduced price due to a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to used goods with defects corresponding to the degree of use or wear the goods had at the time of the buyer's acceptance, or if it results from the nature of the goods.

6.4. If a defect manifests within six months of receipt, it is presumed that the goods were defective at the time of receipt. The buyer is entitled to exercise their rights for a defect that occurs in consumer goods within twenty-four months of receipt.

6.5. The warranty does not cover damage resulting from improper handling leading to irreversible damage to the goods or from incorrect use.

6.6. In the case of incorrect use or maintenance procedures (such as improperly chosen cleaning methods), the Seller is not liable for any defects or changes in the condition of the product, and defects arising in this way cannot be claimed under warranty.

6.7. Fading, lightening, or other color changes of palm raffia fiber cannot be the subject of a complaint. These changes occur as a result of prolonged intense exposure to sunlight and UV radiation. The reason for rejecting the complaint is the natural nature of raffia and natural dyes, which cannot be prevented. Therefore, color changes cannot be considered a defect, as they are a natural part of the patina.

6.8. In the event of a complaint, the Buyer shall contact the Seller by email or phone. The complained goods shall then be sent (as a commercial package) to the warehouse address: MadaCraft s.r.o., U Hl. nádraží 5, 58601 Jihlava.

In the event of a complaint, the Buyer shall contact the Seller by email or phone. The complained goods shall then be sent (as a commercial package) to the warehouse address: MadaCraft s.r.o., U Hl. nádraží 5, 58601 Jihlava.

7. FURTHER RIGHTS OBLIGATIONS OF THE CONTRACTING PARTIES

7.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

7.2. The Buyer acknowledges that the software and other components constituting the web interface of the store, including photographs of the offered goods, are protected by copyright. The Buyer agrees not to engage in any activity that could enable themselves or third parties to unlawfully interfere with or unlawfully use the software or other components of the web interface.

7.3. The Buyer is not entitled to use mechanisms, software, or other methods when using the web interface of the store that could negatively affect the operation of the web interface. The web interface may only be used to the extent that does not infringe on the rights of other customers of the Seller and is in accordance with its intended purpose.

7.4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of § 53a paragraph 1 of the Civil Code.

7.5. The Buyer acknowledges that the Seller is not responsible for errors caused by third-party interference with the website or by the use of the website contrary to its intended purpose.

8. PROTECTION OF PERSONAL DATA

8.1.  The Seller fulfills its information obligation towards the Buyer pursuant to Article 13 of the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as "GDPR"), related to the processing of the Buyer's personal data for the purposes of fulfilling the purchase contract, negotiating this contract, and fulfilling the Seller's public law obligations, through a separate document.

8.2. The Buyer agrees to receive information related to the Seller's goods, services, or business at the Buyer's electronic address and further agrees to receive commercial communications from the Seller at the Buyer's electronic address. The Seller fulfills its information obligation towards the Buyer pursuant to Article 13 of the GDPR Regulation concerning the processing of the Buyer's personal data for the purpose of sending commercial communications through a separate document.

8.3. The Buyer agrees to the storage of so-called cookies on their computer. In the event that it is possible to complete the purchase on the website and fulfill the Seller's obligations under the purchase contract without storing so-called cookies on the Buyer's computer, the Buyer may revoke the consent given in the preceding sentence at any time.

9. DISPUTE RESOLUTION 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. Consumer complaints are handled via the email address petriou@yahoo.fr. Information about the resolution of the complaint will be sent to the buyer's email address.

9.3. Out-of-court settlement of consumer disputes arising from the Agreement is under the jurisdiction of the Czech Trade Inspection Authority, located at Štěpánská 796/44, 110 00 Prague 1, Company ID: 000 20 869, website: https://www.coi.cz.

The online dispute resolution platform available at https://ec.europa.eu/consumers/odr can be used for resolving 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, located at Štěpánská 796/44, 110 00 Prague 1, website: https://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 the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

10.2. If the relationship related to the use of the website or the legal relationship established by the purchase contract includes an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

10.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and additions to the purchase contract or the Terms and Conditions require written form.

10.4. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

10.5. Contact details of the Warehouse:

These Terms and Conditions come into effect on May 11, 2023.