Terms and Conditions

TERMS AND CONDITIONS OF ROYAL COMFORT S.R.O.

1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions ("Terms and Conditions") of Royal Comfort s.r.o., with its registered office at Prague, Na Florenci 1332/23, Postal Code 110 00, ID No.: 29156173, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 326413 ("Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code ("Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract ("Purchase Contract") concluded between the Seller and another natural person ("Buyer").

1.2 The conclusion of the Purchase Contract shall take place (i) in person in one of the Seller's brick-and-mortar stores (showrooms) in the Czech Republic by means of or (ii) by distance means, including in the environment of the Seller's online store operated on the website located at https://www.royalcomfort.cz/ (the "Website"), through the interface of the Website (the "Store Web Interface").

1.3 Unless expressly stated otherwise, the Terms and Conditions shall apply mutatis mutandis to cases where the person who has purchased the goods from the Seller is a legal person or a person acting in the course of ordering goods in the course of his/her business or in the course of his/her independent exercise of his/her profession, except for the provisions of Article 6.3 of these Terms and Conditions and selected provisions of the Complaints Procedure.

1.4 Provisions deviating from these terms and conditions may be agreed individually in writing when concluding the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.5 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.

1.6 The Seller may unilaterally change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.

 

2. CONCLUSION OF THE PURCHASE CONTRACT
2.1 In the case of purchase of goods directly in one of the Seller's brick-and-mortar stores (showrooms), the purchase contract is concluded by payment and acceptance of the goods, if the goods are in stock directly at the showroom, or by signing the order by the Buyer.

2.2 In the case of purchase of goods by distance method (in particular through the web interface of the shop or on the basis of communication by telephone or e-mail), the conclusion of the purchase contract is effected by the acceptance of the order by the Seller, where such acceptance is deemed to be the dispatch of the goods by the Seller to the Buyer or the express acceptance of the proposal to conclude the purchase contract by the Seller by e-mail or telephone. In the event that the Seller does not accept the relevant order of goods within 30 working days, the Buyer is no longer bound by the order.

2.3 The risk of damage to the goods shall pass upon acceptance of the goods by the Buyer.

2.4 The Buyer acknowledges that the Seller shall not be obliged to conclude a purchase contract with the Buyer, in particular if the Buyer is a person who has previously materially breached the purchase contract or these Terms and Conditions or a person who is in default in the payment of due obligations to the Seller.

 

3. PRICE OF THE GOODS AND PAYMENT TERMS
3.1 The purchase price for the goods is always inclusive of all taxes and charges in relation to the buyer who is a consumer.

3.2 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller by the methods agreed in the order or order confirmation, depending on the Seller's current capabilities, type and quantity of the ordered goods. The Seller is entitled to require the Buyer to make a deposit for the ordered goods.

3.3 Together with the purchase price, the Buyer is also obliged to pay to the Seller the costs associated with the packaging and delivery of the goods in the agreed amount, or other costs for selected services (insurance, etc.), as specified by the Buyer in the order.

3.4 In the case of payment in cash or 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 due within 14 days of the conclusion of the purchase contract; in the event of default in payment of the purchase price, the Seller is entitled to withdraw from the relevant purchase contract.

3.5 In the case of non-cash payment by bank transfer, the Buyer is obliged to pay the purchase price of the goods to the Seller's account together with the variable symbol of the payment; these data will be sent to the Buyer's e-mail address as part of the order confirmation (in the case of distance purchase of goods). In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

3.6 The Seller shall issue a tax document - invoice to the Buyer in respect of the payment (made in cash or non-cash) made under the Purchase Agreement. The Seller is a payer of value added tax in the amount according to the applicable legislation of the Czech Republic. The tax document - invoice shall be issued by the Seller to the Buyer only after payment of the purchase price of the goods (or part thereof in the case of a deposit), including all the details required by the legal regulations on the registration of sales. In the case of distance purchase of goods, the Seller sends the tax document - invoice in electronic form to the communicated electronic address; the electronic tax document - invoice is also available for download in the user account (see Article 6.1 of these Terms and Conditions).

 

4. TRANSPORT AND DELIVERY OF GOODS
4.1 Transportation of the goods from the concluded purchase contract, unless the goods are taken over directly at one of the Seller's brick-and-mortar stores (showrooms), is carried out in the manner chosen by the Buyer during the order process.

4.2 In the event that the method of transport is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of transport.

4.3 If the Seller is obliged under the Purchase Contract to deliver the Goods to the location specified by the Buyer, the Buyer shall take delivery of the Goods upon delivery.

4.4 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than agreed, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

4.5 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the relevant carrier immediately. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier.

4.6 Further rights and obligations of the parties in the carriage of the goods may be regulated by special delivery conditions of the Seller or the relevant carrier, which have been communicated to the Buyer in advance.

 

5. DEFECTIVE PERFORMANCE RIGHTS AND QUALITY GUARANTEE
5.1 The rights and obligations of the contracting parties with regard to the rights of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

5.2 Other rights and obligations of the parties related to the Seller's liability for defects and the quality guarantee are regulated by the Seller's Complaints Regulations.

 

6. SOME SPECIFICS OF THE SALE OF GOODS THROUGH THE WEB INTERFACE OF THE SHOP
6.1.1 Based on the Buyer's registration on the Website, the Buyer can access his/her user interface ("User Account"). The Buyer can order goods through his/her User Account. In order to activate the User Account, it is necessary to fill in all mandatory fields of the registration form and to confirm acceptance of these Terms and Conditions and the terms and conditions for the processing of personal data set out in the Privacy Statement.

6.1.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed by the Seller to be up-to-date and correct.

6.1.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. The Buyer is not entitled to allow third parties to use the user account.

6.1.4 The Seller is entitled to cancel the user account, in particular if (i) the Buyer has not used his user account for more than [48 months], (ii) the information entered by the Buyer in the registration is intentionally incorrect (iii) or if the Buyer breaches his obligations under the Purchase Agreement and these Terms and Conditions.

6.1.5 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.

6.2 ORDERING GOODS VIA THE WEB INTERFACE OF THE SHOP
6.2.1 The Buyer places orders via his user account.

6.2.2 If the web interface of the shop allows it, the Buyer can also order goods without registration directly from the web interface of the shop. In order to make a purchase, it is necessary to fill in all mandatory fields of the order form and to confirm acceptance of these terms and conditions and the conditions for processing personal data set out in the Privacy Statement for each individual purchase.

6.2.3 The Buyer acknowledges that the Seller is not obliged to enter into a purchase contract in justified cases in respect of the goods offered. The provisions of Section 1732 (2) of the Civil Code shall not apply.

6.2.4 The web interface of the shop contains information about the goods, including the prices of the individual goods. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop, without prejudice to the provisions of Article 6.2.15 of these Terms and Conditions. This provision does not restrict the Seller's ability to conclude a purchase contract on individually agreed terms.

6.2.5 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods, including the methods of delivery of the goods. The information on the costs associated with packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic. Delivery outside the Czech Republic can only be made on the basis of an individual agreement between the Seller and the Buyer.

6.2.6 To order goods, the Buyer shall fill out/confirm the order form in the web interface of the shop. The order form contains in particular information about:

(a) the goods ordered (the Buyer places the goods ordered in the electronic shopping cart of the web interface of the Shop);

(b) the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods;

(c) information about the costs associated with the delivery of the goods; and

(d) these terms and conditions and the conditions for processing personal data set out in the Privacy Statement.

6.2.7 Prior to sending an order to the Seller, the web interface of the Shop allows the Buyer to check and amend the data entered in the order, including with respect to the Buyer's ability to detect and correct errors made in entering data into the order.

6.2.8 The Buyer shall also be informed of the final price of the purchase before placing the order, which includes the sum of the prices for the selected goods placed in the shopping cart, including any related services, taxes or other charges and the price for shipping of such goods.

6.2.9 The Buyer sends the order, or the proposal for the conclusion of the purchase contract, to the Seller by clicking on the "FINISH ORDER" button. The information provided in the order is considered correct by the Seller.

6.2.10 The Seller shall immediately upon receipt of the order confirm such receipt to the Buyer by e-mail, to the Buyer's e-mail address indicated in the user account or in the order ("Buyer's e-mail address"), whereby such confirmation shall not constitute an acceptance of the proposal to conclude a purchase contract within the meaning of Article 2.2 of these Terms and Conditions.

6.2.11 The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone) before concluding the purchase contract.

6.2.12 The Buyer has the right to cancel the order (change and correct it), i.e. to withdraw his proposal for the conclusion of the purchase contract, without any penalties until the moment of acceptance of the proposal for the conclusion of the purchase contract within the meaning of Article 2.2 of these Terms and Conditions.

6.2.13 The Seller shall be entitled not to accept an order which is not made in accordance with these Terms and Conditions with the Seller's consent, or to return it to the Buyer for completion and to give the Buyer a reasonable period of time to do so. The expiration of such period shall result in the Buyer's order being deemed to have never been delivered.

6.2.14 For the avoidance of doubt, the purchase contract shall not be concluded if the Buyer's order is not accepted by the Seller or is accepted with reservation.

6.2.15 The Seller reserves the right not to deliver the ordered goods to the Buyer in exceptional cases, in particular if the web interface of the shop has mistakenly provided obviously erroneous or non-standard information, in particular about the selected goods, their price or delivery date, or if the goods are sold out and permanently unavailable from the Supplier. In such cases, the Seller undertakes to reimburse the Buyer the amount of money paid under the Purchase Agreement.

6.2.16 By entering into the Purchase Contract, the Buyer (whether registered or not) agrees to these Terms and Conditions and declares that he/she has had the opportunity to read these Terms and Conditions before entering into the Purchase Contract. These Terms and Conditions are available to the Buyer at any time at the following address: https://www.royalcomfort.cz/obchodni-podminky and are also sent to the Buyer as an attachment to an email at the same time as the confirmation of acceptance of the order within the meaning of Article 2.2 of these Terms and Conditions.

6.2.17 The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

6.2.18 Information on completed orders and concluded purchase contracts is archived in the web interface of the shop for at least five years from the conclusion of the contract, but no longer than for the period according to the relevant legislation. This information is not accessible to third parties.

6.3 WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE BUYER-CONSUMER

6.3 WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE BUYER-CONSUMER
6.3.1 The Buyer, who is a consumer, acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the delivery of goods that have been modified according to the Buyer's wishes, i.e. that have been custom-made (hereinafter referred to as "custom-made").

In particular, custom-made goods are goods which are not prefabricated and which are produced on the basis of an individual choice or decision of the buyer-consumer when:

- the fact that the goods are custom-made is explicitly stated by the seller in relation to the specific goods concerned,

- goods that are marked as custom-made cannot be paid for by cash on delivery (except where the Seller, at its discretion, allows payment by cash on delivery), they will be invoiced in advance at a minimum rate of 70% and, upon payment by the Buyer-Consumer, will be put into production,

- the delivery period shall commence on the date of credit of payment to the Seller's account,

- the exception to the buyer-consumer's right to withdraw on the date of section 1837 (d) of the Civil Code applies regardless of whether or not the production of the goods - custom production - has already begun.

6.3.2 Unless it is a case referred to in Article 6.3.1 of the Terms and Conditions or another case where the purchase contract cannot be withdrawn from under applicable law, the Buyer has the right to withdraw from the purchase contract within 14 days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller in writing within the period specified in the previous sentence. For withdrawal from the purchase contract, the Buyer may use the sample form provided by the Seller, which forms an annex to these Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address specified in the form.

6.3.3 In the event of withdrawal from the Purchase Contract pursuant to Article 6.3.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the seller within 14 days of the buyer's withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.

6.3.4 In the event of withdrawal from the Contract pursuant to Article 6.3.2 of the Terms and Conditions, the Seller shall return the funds, i.e. the price of the goods, including the cost of delivery of the goods, received from the Buyer within 14 days of the Buyer's withdrawal from the Contract, in the same manner as the Seller received them from the Buyer. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Seller shall also be entitled to return the performance provided by the Buyer already when the Buyer returns the goods or in another way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

6.3.5 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

6.3.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.

6.3.7 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

6.3.8 The provisions of this Article 6.3 shall apply mutatis mutandis to the relationship between the Seller and the Buyer under a distance purchase contract concluded outside the web interface of the Shop.

 

7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

7.2 The Seller shall handle consumer complaints via the electronic address info@royalcomfort.cz. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.

7.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from a purchase contract concluded by electronic means.

7.4 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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).

 

8. DATA PROTECTION
8.1 The Seller processes the Buyer's personal data in accordance with the General Data Protection Regulation (EU) 2016/679, Act No. 110/2019 Coll., on the processing of personal data, and other related or implementing regulations in the area of personal data protection for the purpose of the performance of the Purchase Agreement. Such data includes, in particular, data provided by the buyer when concluding the purchase contract or provided in the course of mutual communication with the seller.

8.2 Further information on the processing of personal data, including the issue of storing cookies on the Buyer's computer, is contained in a separate document Privacy Statement, which is part of each purchase agreement.

 

9. FINAL PROVISIONS
9.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

9.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

9.3 The sample form for withdrawal from the purchase contract and the Complaints Procedure are annexed to the Terms and Conditions.

9.4 The Seller's current contact details are set out on the Website.

9.5 These terms and conditions are valid and effective from 1 January 2024.

 

Příloha - Odstoupení od kupní smlouvy