terms & conditions
Online store operator:
Company Name: César & Charles clothing sro
Registered office: Havelská 502/21, Old Town, 110 00 Prague 1
Mailing and delivery address: Comgate – César&Charles, Areál Elitex, Vrchlického 323, 517 21 Týniště nad Orlicí, Czech Republic.
Email for communication: [email protected]
Recorded in the Commercial Register under the code C 100690 at the Municipal Court in Prague.
- Basic provisions
- These Terms and Conditions (hereinafter the “Terms and Conditions”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code (hereinafter: the “Civil Code”), the mutual rights and obligations arising under the Contract, in the sense defined below, concluded between César & Charles clothing sro., with the registered office at Havelská 502/21, Old Town, 110 00 Prague, ID 05212456 (hereinafter the “Supplier”) and the Client as defined below, and govern the rights and obligations of the Supplier and the Customer in connection with the use of the User Account, as defined below.
- For the purposes of these terms and conditions the following terms used with a capital letter will have following meaning:
Acceptance has the meaning specified in paragraph 3.4 Price the purchase price determined in accordance with Section 2079 of the Civil Code Supplier the seller pursuant to Section 2079 of the Civil Code, which is always the business company César & Charles clothing sro., with the registered office at Havelská 502/21, Old Town, 110 00 Prague, ID: 05212456, recorded in the Commercial Register under the code C 100690 at the Municipal Court in Prague. Shopping Cart component of the Website automatically generated by the User’s activation of the relevant functions during his/her actions, consisting in particular in adding or removing goods and changing the quantity of selected goods Offer has the meaning specified in paragraph 3.3 Customer the buyer under Section 2079 of the Civil Code and the customer under a contract for work pursuant to Section 2586 of the Civil Code; the Customer is also understood as the Consumer Order has the meaning specified in paragraph 3.3 Access Data has the meaning specified in paragraph 2.4 Registration has the meaning specified in paragraph 2.2 Contract Contract for the supply of goods concluded between the Supplier and the Customer Contractual Parties Supplier and Customer Consumer in accordance with Section 419 of the Civil Code, any person who concludes the Contract with the seller outside the scope of his/her business activity or outside the framework of the independent conduct of his/her profession, User a natural person who uses his/her User Account User Account part of a Web Site provided to a single User and established through Registration, which is made available after entering the Access Data Website the Supplier’s website located at
- User Account
- The Customer has the right to register a User Account on the Website to simplify the ordering of the Goods. If this is allowed by the Website of the Store, the Customer may also order the goods directly from the Store Website without completing the User Account Registration.
- The User registers the User Account by filling in at least the mandatory registration data on the Website, in particular the name, surname, delivery address, e-mail address, Access Data and then saves them. At the same time, the User must agree to these Terms and Conditions (hereinafter the “Registration”).
- It is assumed that the User Account information in the User Account is true and correct. Liability arising from incorrect or false provision of data will be borne solely by the user.
- Access to the User Account is secured by the Access Data, such as username and password (hereinafter the “Access Data”). Both the User and the Supplier are required to maintain confidentiality regarding the Access Data.
- The user is not authorized to allow the User Account to be used by third parties.
- The Supplier is entitled to cancel the User Account, especially if the User does not use his/her User Account for more than one year, or if the Customer breaches his/her obligations under the Contract, including these Terms and Conditions.
- The User acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the hardware and software equipment of the Supplier, or the maintenance of third-party hardware and software equipment.
- Conclusion of Contract
- Goods can be ordered via e-commerce on the Website.
- The goods presentation on the Website is intended for information and the Supplier is not obliged to conclude the Contract in respect of these goods. Section 1732(2) of the Civil Code does not apply.
- To order goods through the Website, the Customer selects the type of goods, places it in the Shopping Cart in the quantity required and completes the order form. The order form contains:
a) Details of the ordered type of goods and its quantity;
b) Details of the selected method of payment of the price for the goods;
c) Details of the required method of delivery of the ordered goods;
d) Information on the costs related to the delivery of the goods,
e) Information about the Customer’s name and surname, delivery address, e-mail address; If the Customer is a User at the same time, this information is automatically pre-filled (hereinafter the “Order”).
- An order sent by clicking the “order” button is a proposal for the conclusion of the Contract (hereinafter the “Offer”).
- Before sending a Purchase Order, the Customer is given the opportunity to review and modify the data entered by the Customer in the Order, also with regard to the Customer’s ability to detect and correct errors that may have occurred while entering the data into the Order.
- Immediately upon the receipt of the Order, the Supplier sends an e-mail notification of the receipt of the Order to the Customer. The Contract is concluded by sending this notice to the Customer, and thus confirming that the ordered goods are available (hereinafter the “Acceptance”).
- The supplier reserves the right to change the design and shape of the ordered goods during the delivery period, if the subject of delivery or its function and appearance does not change fundamentally.
- The Contract is concluded in Czech language, German language, English language, Polish language, French language, Arabic language, Chinese language, and Russian language.
- The Contract and all its components will be stored in the Supplier’s electronic archive, while the Consumer will have access to these data upon their written request.
- Reservation of Ownership Right
- Based on the Contract, the ownership right of the goods is transferred to the Customer by payment of the full Price.
- The Customer is obliged to return the delivered goods to which the ownership right has not yet been transferred at any time at the Supplier’s request, even if these goods are with a third party.
- Payment Terms
- The website contains information about the goods, including the Prices of individual goods. The Prices of the goods are listed including VAT. The Prices of the goods remain valid while they are displayed on the Website. The promotional prices are valid until the stock has been sold out, if the number of pieces of the stock has been specified, or for a specified period of time. This provision is without prejudice to the Supplier’s right to conclude the Contract under individually negotiated terms.
- Besides the Price, the Customer will also pay to the Supplier the costs associated with packing and delivery of the goods at the agreed rate. Unless expressly stated otherwise, the term Price hereinafter includes the costs associated with the delivery and packing of the goods.
- The cost of means of distance communication do not differ from the standard rate and the Supplier does not charge any additional fees except for contractual transportation.
- The Supplier is entitled to demand the payment of the full price or an advance payment before shipping the goods to the Customer. Section 2119(1) of the Civil Code does not apply.
- The customer may pay the price to the Supplier in the following ways:
a) In cash or by means of a payment card upon collection at a location selected by the Customer within the Order from the offered delivery points;
b) By cash on delivery; the carrier collects the cash payment from the Customer and the Customer also pays a fee for the use of the COD payment specified in the order form or communicated by the Supplier in the offer sent by electronic mail;
c) By payment card online via a payment service provider (online payment gateway); The Customer will be redirected to the online payment gateway after sending the Order;
d) By bank transfer to the Supplier’s account, which is specified in the Order confirmation email (hereinafter the “Supplier’s Account”); the goods are dispatched after the payment has been credited to the Supplier’s Account.
- The selected method of payment will be specified by the Customer in the Order. The selected method of payment may only be changed by the Customer with the Supplier’s Contract. The proposal for changing the method of payment will be presented by the Customer in writing to the Supplier’s address or to the Supplier’s e-mail address.
- The Supplier reserves the right to prevent the Client from choosing any method of payment of the Price mentioned in paragraph 5.5.
- In the case of payment in cash, the price is payable upon receipt of the goods. In the case of non-cash payment, the Price is payable within 10 days of the conclusion of the Contract, unless otherwise specified in the advance invoice sent to the Client.
- If the Price is not paid by the Customer by the relevant maturity date, the Customer who is the Consumer is deemed to have withdrawn from the Contract unless he/she expresses an opposite will.
- In the case of a non-cash payment, the Supplier assigns a variable symbol on the Order Acceptance or the advance deposit invoice and the Client is obliged to pay the Price stating the variable payment symbol.
- In the case of a non-cash payment, the Customer’s obligation to pay the Price is fulfilled once the relevant amount is credited to the Supplier’s account.
- Any possible discounts on the price of the Goods provided by the Supplier to the Client cannot be combined unless the Contractor specifies otherwise on the Website.
- If it is customary in business or if it is stipulated by the generally binding legal regulations, the Supplier will issue a tax document – invoice to the Customer for the payments made under the Contract.
- Terms of delivery
- The supplier provides the following delivery methods:
a) Personal collection at a collection point selected by the Customer on the Website within the Order; or
b) Delivery by a carrier to the place specified by the Customer in the Order.
- The transport prices are listed on the Website. The transport prices remain valid while displayed on the Website.
- If the mode of transport is agreed upon by the Customer on a special request, the Customer will bear the risk and any additional costs associated with this mode of transport.
- If the Supplier under the Contract is obliged to deliver the goods at the place designated by the Customer in the Order, the Customer will accept the goods upon delivery. In the case of personal collection, the Customer is obliged to take over the goods within 10 working days of being notified by the Supplier notifies that the goods are ready for collection; the Supplier will notify the Customer of this to the email address specified by the Customer in the Order. If the Website contains differing receipt conditions for delivery to a particular place of receipt, the receipt conditions specified on the Website will apply.
- Once the delivery method is agreed upon, the Supplier is deemed to have fulfilled its obligation to hand over the goods to the Customer by handing them over to the first carrier. However, if the Purchaser is a Consumer, the Supplier is deemed to have fulfilled its obligation to hand over the goods to the Purchaser once the goods are in the physical possession of the Customer.
- The Supplier or the Carrier is entitled to request that an identity card (ID card or passport) be presented prior to handing over the relevant item. If none of these documents are presented, the Supplier or Carrier may refuse to release the goods.
- If the Purchaser fails take over the Goods in the period specified in paragraph 6.6 by a breach of its obligation, the Purchaser will pay a storage fee of CZK 100 for each day of delay up to a maximum of CZK 3,000 to the Supplier. The Supplier is entitled to notify the Customer in a proven way by e-mail of a new reasonable time for taking over the Goods and to sell the Goods in an appropriate way. The Supplier is entitled to set off the cost of storage and the cost of the unnecessary delivery of goods, due to lack of co-operation on the part of the Customer, in the necessary amount against the Customer, and against the paid Purchase Price.
- The Supplier will deliver the Goods to be at the Customer’s disposal within 15 days of the conclusion of the Contract, unless a different delivery period is specified for individual goods. If the Goods are indicated as being “in stock”, the Supplier will send the Goods at the latest within three business days from the date of conclusion of the Contract.
- In the event of non-cash payment, the Supplier will deliver the Goods to the Customer within 15 days of the Customer’s obligation to pay the Price being fulfilled, unless a different delivery period is specified for individual goods. If the Goods are indicated as being “in stock”, the Supplier will send the Goods at the latest within three business days of the Customer’s obligation to pay the Price being fulfilled.
- If the Supplier fails to fulfil its obligation to deliver the Goods by the time specified in paragraph 6.9 or 6.10, the Customer will prompt the Supplier for delivery within an additional period appropriate to the given circumstances. If the Supplier fails to deliver the Goods within this additional period, the Consumer is entitled to withdraw from the Contract.
- The documents to the Goods, especially the tax document, confirmation and certificates will be sent by the Supplier to the Customer usually together with the Goods, but no later than within two days of the Customer receiving the Goods.
- In the case of legally agreed time limits, the Supplier will not be liable for any delays in the supply of the Goods on the grounds of force majeure and events that make the delivery of the Goods considerably more difficult or impossible for the Supplier and are not caused by the Supplier. In particular, mobilization, war, insurrection, strike, exclusion, official regulation, or other unforeseeable obstacles, even when occurring with the Supplier’s suppliers and their subcontractors, are considered to be cases of force majeure. These circumstances entitle the Supplier to postpone the delivery by the duration of the relevant obstacles and a reasonable start-up time. If the delivery of the Goods becomes impossible or unfeasible for the Supplier as a result of the above, the Supplier is entitled to withdraw from the Contract.
- The supplier provides the following delivery methods:
- Transfer of Risk
- If personal collection at the selected collection point is determined as the delivery method, the risk of damage to the goods is transferred to the Customer once the goods are taken over or at the time when the Customer was supposed to and could take over the Goods but failed to do so, and eventually was allowed by the Supplier to have the Goods at their disposal.
- If a carrier delivers the Goods, the risk passes to the Customer once the Goods are handed over by the Supplier to the first Carrier for shipping to the Customer under the Contract. However, if the Customer is a Consumer, the risk passes over to him/her as soon as the Consumer acquires the goods into their physical possession; this does not apply if the Consumer has commissioned a Carrier not based on the Supplier’s offer.
- The loss of or damage to the Goods occurring after the transfer of risk to the Customer does not relieve the Customer of the obligation to pay the price, unless the loss or damage was caused by an act or omission of the Supplier
- Rights arising from defective performance and the Consumer’s right of withdrawal from the Contract
- The Customer’s rights arising from defective performance and the right of withdrawal by the Consumer are described and regulated in a separate document – the Complaints Procedure, which is an integral part of and an annex to these Terms and Conditions and is available on the Website.
- Further rights of the Supplier
- The Supplier has the right to withdraw from the Contract if the Goods are no longer produced, delivered or otherwise unavailable, or the price charged by the supplier of the goods has changed significantly.
- The Supplier has the right to withdraw from the Contract if the Customer who is not a Consumer is in default with the payment of the Price by more than 15 days.
- If a gift is provided together with the ordered delivery, a Gift Agreement between the Customer and the Supplier is concluded with the condition that, in the event of withdrawal from the Contract by any Contracting Party, the Gift Agreement will cease to be effective and the Customer will return the Gift.
- Legal responsibility
- In the event of the Customer’s delay in payment of the Price, the Supplier will be entitled to claim payment of a contractual fine of 0.05% of the amount due for each commenced day of delay. This provision does not apply if the Customer is a Consumer.
- Claiming or payment of the contractual fine does not affect the right of the Party entitled to compensation in full.
- Communication and delivery
- Unless agreed otherwise between the Parties, any communication under the Contract will be conducted in accordance with this Article of the Terms and Conditions. In addition to other means of communication agreed between the parties, personal delivery, delivery by registered mail, courier or electronic mail to the addresses of the Parties are deemed effective and the Parties will notify each other in writing of these.
- Notification by a letter properly addressed will be deemed delivered on the date of the physical handover of the notification if the notification is sent by courier or postal service or delivered in person, or on the confirmed date of delivery if the notice is sent by registered mail, or after the expiry of the five-day time limit after submitting the notification at the appropriate post office if the delivery of the notification fails or if the receipt of the notification is denied.
- A message addressed via e-mail is considered delivered once the message is sent via e-mail, unless the recipient reports that the message is not at the recipient’s disposal.
- Final Provisions
- These Business Terms and Conditions are an integral part of the Contract.
- The legal relationships arising from the Contract between the Supplier and the Customer are governed by the law of the Czech Republic by excluding the private international law.
- Contracts concluded in accordance with these terms and conditions may only be amended in writing.
- The Supplier is not bound by any Code of Conduct within the context of Section 1826(1)(e) of the Civil Code.
- The Customer takes over the risk of changing circumstances within the context of Section 1765(2) of the Civil Code.
- If there is a dispute between the parties to the Contract, the Consumer will be entitled to an out-of-court settlement. The Customer is entitled to file a proposal for an out-of-court settlement of the dispute, pursuant to Act No. 634/1992 Coll., on Consumer Protection, with the Czech Trade Inspection Authority (all details of the extrajudicial solution are available on the website www.coi.cz) or via the on-line platform of the European Union on the out-of-court settlement of consumer disputes (more detailed information here).
- The following are an integral part of these Terms and Conditions:
a) Complaints Procedure;
f) Sample withdrawal from Contract form.
- These Business Terms and Conditions take effect on 01.07.2017
- The Supplier’s contact information:
a) Postal address: César & Charles clothing sro
Havelská 502/21, Old Town, 110 00 Prague
b) E-mail address: [email protected]