General Terms & Conditions
These General Terms and Conditions (hereinafter also referred to as the GT&C) regulate the rights and obligations of Ing. Tamara Bodnárová (hereinafter referred to as the Seller) and the purchaser (hereinafter referred to as the Purchaser) in purchasing goods offered by the Seller via the e-shop on the Seller’s website and are integral part of the purchase contract concluded remotely between the Purchaser and Seller via the e-shop on the internet (hereinafter referred to as the Purchase Contract). (The Seller and Purchaser hereinafter collectively referred to as the Contracting Parties). Relations between the Seller and the Purchaser shall also be governed by the claim rules for www.tam-ara.com.
COMPANY IDENTIFICATION DATA
Ing. Tamara Bodnárová has her registered office at
120 00, Praha 2
The Trade Licensing Office with jurisdiction according to Section 71, paragraph 2 of the Trade Licensing Act is Úřad městské části Praha 7. The Seller's Trade License (Identification) Number is 06154611.
Phone number: 00 420 774 534 852
Bank account number:
1292654026/3030 held with Air Bank a.s. for payments in CZK (IBAN: CZ4230300000001292654026, SWIFT: AIRACZPP)
1292654034/3030 held with Air Bank a.s. for payments in EUR (IBAN: CZ2030300000001292654034, SWIFT: AIRACZPP)
This data may be modified or updated any time on www.tam-ara.com.
The GT&C shall enter into force on the day of their publication on the Seller’s Website.
All contractual relations between the Seller and the Purchaser shall be concluded in accordance with the laws of the Czech Republic. If a consumer is a contracting party, legal relations not specified in the Seller’s terms and conditions shall be governed by the Act No.634/1992 Sb., on Consumer Protection as amended and by the Act No. 108/2000 Coll. on Consumer Protection.
ORDERING GOODS AND CONCLUSION OF A PURCHASE CONTRACT
The Purchaser shall purchase goods by making and submitting an order in the Seller´s purchasing portal and the Purchaser’s order shall have to be approved (accepted) by the Seller in compliance with the GT&C, otherwise no contractual relation shall be established. If the order is accepted by the Seller in accordance with the procedure specified in the GT&C, the Seller shall deliver the ordered goods within the delivery deadline pursuant to the Article Delivery Terms of the GT&C. Before the Purchaser submits the order, information shall be provided to the Purchaser under specific provisions at the purchasing portal and in the GT&C. The Purchaser shall express its agreement with these terms and conditions by checking the corresponding box before submitting the order at the portal. By submitting the order, the Purchaser shall confirm that they have been informed that after being submitted, the order includes the obligation to pay the price of the ordered goods.
The received electronic order shall be considered a draft of a purchase contract and shall be binding.
The purchase contract between the Seller and the Purchaser shall be established on the basis of a binding confirmation of the electronic order in the system. The Seller shall be obliged to confirm the content of the Purchaser’s electronic order via an e-mail message (sent to the Purchaser’s e-mail address specified in the order) immediately after the order is received by the Seller, otherwise no Purchase Contract shall be considered to have been concluded between the Contracting Parties. The Purchaser shall be obliged to check the content of the electronic order specified by the Seller in the e-mail message. Should inconsistencies be discovered concerning the electronic order confirmed by the Seller, the Purchaser shall be obliged to notify this to the Seller via an e-mail message sent to the e-mail address firstname.lastname@example.org.
The Seller shall not be liable for delay in the delivery of the consignment and for damage caused by the Purchaser not specifying all the required information and/or filling in the registration form incorrectly during the registration.
All orders received by this purchasing portal shall be binding. An order may be canceled before its confirmation or dispatch. If an order is not canceled before its dispatch and is dispatched, reimbursement of costs connected with the dispatch of the goods may be demanded from the Purchaser.
If the order is accepted by the Seller in accordance with the procedure specified in the GT&C, the Seller shall deliver the ordered goods within the delivery deadline pursuant to the Article Delivery Terms of the GT&C.
The process of the issuing an order by the Purchaser shall consist of the following steps:
selection of goods
filling in the identification details
selection of the payment and delivery method and their cost, if applicable
consent with the terms and conditions
submission of the order by clicking on the Order button.
The Purchaser shall be obliged to provide true and correct information necessary for the correct delivery of the goods. The Purchaser shall be obliged to check the correctness of selected data and information during the process of ordering goods before their final submission to the Seller.
The Purchaser’s order shall be considered submitted if it is delivered to the Seller and if it contains all the required information – the description of the goods being ordered, their quantity, price, the Purchaser’s identification – the business name or the name and surname, registered office/residence – shipping, billing address, company ID number, tax ID number, the Purchaser’s e-mail and phone contact.
CONSUMER CONTRACTS AND INFORMATION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT
The withdrawal period for the customers purchasing the goods as end consumers (not as an an entity with a trading license or a legal person) is 14 days after the order delivery.
The Purchaser’s notice of withdrawal from the Purchase contract must be delivered to the Seller before the expiration of the withdrawal period and at the same time, the goods must be properly returned to the Seller in their entirety and original state with all accompanying documentation that was delivered to the Purchaser. For the matter to be settled quickly, it is necessary to return the goods to the same address of the Seller that is stated as the place from which the goods were shipped to the Purchaser or to the Seller´s registered address specified in the documents accompanying the goods.
If the Purchaser withdraws from the Purchase Contract in accordance with this Article, the Purchase Contract shall be canceled from the beginning. The Seller shall be obliged to take the goods back and return to the Purchaser, no later than 14 days from the date of the withdrawal from the Purchase Contract, the amount paid for the goods by bank transfer to the Purchaser’s account which shall include the costs the Purchaser incurred in ordering the goods. The costs for the return of the goods shall only be borne by the Purchaser if the goods fully meet quality requirements and are free of defects.
If any of the above-mentioned conditions are not met, the Seller shall not accept the withdrawal from the electronic order and the goods shall be returned to the Purchaser at Purchaser´s expense.
PURCHASE PRICE AND PAYMENT TERMS
The Purchaser shall be obliged to pay the Seller the purchase price for the goods and the delivery cost in accordance with the order accepted by the Seller (the contract concluded).
If the payment is made from abroad, the determined method of the delivery of the goods shall be by courier. The Purchaser shall be obliged to pay the costs for the delivery of the goods to the Seller’s account in advance. The cost of delivery of the goods shall be generated automatically in the shopping cart in the process of ordering them. The purchaser as the payer shall be obliged to bear payment transaction charges (such as the charges of Contracting Parties' banks).
It is necessary to indicate the number of the Purchaser’s order as the payment reference symbol when making the payment. An incorrectly indicated payment reference may result in the incorrect clearing of the purchase payment. The Purchaser shall bear any risks associated with such an incorrect clearing and the possibility of being overdue on the Purchaser's obligation to pay.
The Seller is not a VAT payer.
The Seller reserves the right to unilaterally adjust (increase/decrease) the prices of goods indicated on www.tam-ara.com, with the new prices of goods coming into effect on the date of their publication on the Seller’s website. The price of goods binding for the Purchaser shall always be the price indicated with the goods at the time of the submission of the order to the Seller. A possible increase or decrease of the price of the goods at the time between the submission of the order by the Purchaser and the delivery of the ordered goods or during the claim or other procedure in connection with the return or exchange of the goods shall not affect the price of goods that have already been ordered. The Purchaser is aware of the fact that in the case of a decrease of the price of goods at the time between the submission of the order and the end of a possible claim or other procedure to do with the return or exchange of goods, it is not entitled to a refund of a part of the purchase price for the goods in the amount of the difference between the price of goods at the time of the submission of the order to the Seller and the price of goods at the time after the submission of the order to the Seller. The Seller declares that if it unilaterally increases the price for the goods only after the submission of the order by the Purchaser to the Seller, it shall not be entitled to receive payment for the price difference between the price of the goods at the time of the submission of the order by the Purchaser to the Seller and the price of the goods at the time after the submission of the order by the Purchaser to the Seller.
The price may also be changed due to a typographical or other error concerning the price of the goods detected in the Seller’s system or published at the purchasing portal with the goods. Both Purchaser and Seller shall be entitled to cancel the order or withdraw from the Purchase Contract (from the moment of receipt of the goods) if the Purchaser is notified of the change of the purchase price of an item due to a typographical or other error concerning the price of goods.
The Purchaser shall be obliged to pay the Seller the purchase price in the form of cash or a cashless payment by making a deposit into the Seller’s account no later than 5 days after the conclusion of the contract and before the goods have been dispatched to the Purchaser. The Seller does not request the Purchaser to pay any advance payment before the order has been confirmed. The Purchaser is advised to pay only after the acceptance of the order by the Seller (conclusion of the contract).
The Seller shall issue and deliver an invoice to the Purchaser in accordance with applicable laws of the Czech Republic. By submitting the order the Purchaser shall agree that the invoice should be sent along with the goods or made available to the purchaser electronically. The invoice shall be sent along with the goods and the invoice shall also constitute the delivery note and warranty certificate.
The Seller shall deliver the goods to the address specified when making the order and exclusively to the person that is specified as the Purchaser. The delivery or issue of the goods to a person other than the Purchaser shall not be possible without a special prior consent by the Seller and documents required by the Seller.
Deliveries of electronically ordered goods shall be, depending their availability and the Seller’s operational possibilities, dispatched as soon as possible, usually 2 to 10 working days from the date of the confirmation of the Purchaser’s electronic order by the Seller, namely to the shipping address specified in the electronic order. The delivery period, however, shall vary depending on the availability of some goods. For selected goods, the Seller shall specify the delivery date directly on the site of the selected goods.
The right of ownership of the goods shall pass onto the Purchaser upon their receipt and upon payment of the purchase price.
The consignment with the goods shall always include the invoice. Upon receipt of the goods, the Purchaser shall be obliged to check the goods' packaging for possible damage and sign a hand-over document. If the packaging is damaged, it is necessary to draw up a protocol on the faults caused in transit with the carrier (courier) on site of the delivery of the goods. If the Purchaser receives the goods despite evident damage to the packaging, the Seller shall not recognize any later claims for this reason.
WARRANTY TERMS AND WARRANTY PERIOD
A warranty period of 24 months shall be granted to the Purchaser for the delivered goods. A longer warranty period may be granted to the Purchaser for selected goods. The warranty period shall start on the day of the reception of the goods by the Purchaser.
An invoice (a proof of purchase of the goods), which shall also serve as a proof of warranty, shall be enclosed with all goods purchased from the Seller upon their delivery to the Purchaser.
When raising a claim, the Purchaser shall be obliged to deliver the goods under claim to the address of the Seller’s registered office including the required documents. All the goods returned must be in the same condition they were in upon receipt. This means the items shold not have been damaged, soiled, washed, altered or worn (other than to for trying the items on) and that any labels or tags should be intact.
The Purchaser shall be entitled to the reimbursement for necessary costs which it incurred in connection with the exercise of legitimate rights resulting from liability for defects and which were expended really and purposefully.
The details and claim procedure shall be governed by the claim rules published on www.tam-ara.com.
PERSONAL DATA PROTECTION
Ing. Tamara Bodnárová, identification number 06154611, having her registered office at Mánesova 1092/42, 120 00, Praha 2, Czech Republic with the Trade Licensing Office with jurisdiction according to Section 71, paragraph 2 of the Trade Licensing Act being Úřad městské části Praha 2 as the Seller shall process personal data which the Purchaser entered on the Seller’s website or provided during mutual communication. The Seller is a controller of personal data information system pursuant to the Act No. 122/2013 Coll. on Personal Data Protection.
By submitting the order, the Purchaser shall grant the Seller the authorization to process the personal data pursuant to Act No. 122/2013 Coll. on Personal Data Protection as amended for a period necessary for the performance of the contract. The Seller undertakes not to disclose any personal data of the Purchaser or any other information concerning the Purchaser to a third party. This shall not include the Purchaser’s personal data provided to the carrier necessary for the delivery of the goods.
The Seller shall process the Purchaser’s personal data to the following extent: name, surname, business name, registered office, residence, shipping and billing address, company ID number, tax ID number, e-mail and phone number. The purpose of the processing of the personal data shall be the identification of the Purchaser as a contractual partner for the performance of the contract concluded via the shopping portal, the correct processing and delivery of the order, the identification of the Purchaser for the purposes of arranging of prompted negotiations on the modification or termination of the contract, the performance of obligations laid down by law and generally binding legal regulations of the Czech Republic, especially for the accounting and invoicing system.
The Purchaser shall have the right, on the basis of a free written request, to object to the processing of personal data with the Seller, if the Purchaser presumes that they are being or will be processed for direct marketing purposes without its consent and demand their liquidation.
The Seller reserves the right to amend these GT&C at any time. Amendments to these GT&C shall enter into force on the day of their publication on the Seller’s website.
By submitting the electronic order to the Seller, the Purchaser shall also confirm its unconditional agreement to the Seller’s GT&C.