Terms of service
Terms of Service
- Identification and contact details of the seller
MADU THE LABEL s.r.o.
Headquarters: Kunětická 2534/2, Vinohrady, 120 00 Prague 2
ICKO: 19387385 DIC: CZ19387385
filed at the Municipal Court in Prague, file number C 385829 (hereinafter referred to as the "Seller")
Delivery address:
MADU THE LABEL s.r.o.
Jeseniova 77
Prague 3, 130 00, Czech Republic
Contact details:
2.1 These General Terms and Conditions and the Complaints Procedure (hereinafter referred to as "Terms and Conditions") of MADU THE LABEL s.r.o., with registered office at Kunětická 2534/2, Vinohrady, 120 00 Prague 2, ID No.: 19387385, registered in the Commercial Register kept at the Municipal Court in Prague, file No. C 385829, regulate, in accordance with the provisions of § 1751 (1) and § 2079 et seq. of Act No. 89/2012 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at https://maduthelabel.com/ (hereinafter referred to as the "Online Shop").
2.2 These Terms and Conditions shall prevail over the Civil Code where the Civil Code does not expressly prohibit this. In the event that any issue is not covered by these terms and conditions, the laws of the Czech Republic, in particular the Civil Code, shall apply.
2.3 These terms and conditions are an integral part of the purchase contract. Provisions deviating from these terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of these Terms and Conditions.
2.4 These Terms and Conditions apply only to the contract concluded between the Seller and the Buyer who is a consumer within the meaning of § 419 of the Civil Code. These Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of his business or profession when ordering goods. A consumer means any person who, outside the course of his business or the independent exercise of his profession, enters into a contract with or otherwise deals with an entrepreneur (hereinafter referred to as 'consumer'). For the purposes of the definition of consumer in the preceding sentence, an entrepreneur means the seller.
3.1 The MADU online shop (or the web interface of the online shop) contains a list of goods offered for sale by the Seller, including the prices of the goods offered. The prices of the goods are inclusive of VAT.
3.2 The prices of the goods offered are final. The offer for sale of the goods and the prices of these goods remain valid for as long as they are displayed in the Seller's online shop. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms (see clause 4.4).
3.3 The Buyer orders goods in the Seller's online store in the following way:
- 3.3.1 The Buyer shall place the selected goods (including information on quantity, size, colour, or other parameters) in the electronic shopping cart (hereinafter referred to as the "Cart") by clicking on the "Add to Cart" button or the "Buy Now" button.
- 3.3.2 To order goods, the buyer fills in the order form in the MADU online shop. The order form is displayed after clicking on the electronic shopping cart icon, in which the buyer can change the quantity of the selected goods or remove the selected goods from the cart.
- 3.3.3 The order form contains: the address and country of delivery of the goods, the method of transport and the method of payment of the purchase price of the goods, including information on the costs associated with the delivery of the goods, the identification and contact details of the buyer (i.e. in particular his name, surname, billing address, delivery address (if different from the billing address), telephone and e-mail of the buyer).
- 3.3.3.3.1 The Buyer shall only provide the Seller with complete and correct data. If the Buyer fails to provide the Seller with complete and correct information, the Seller is not obliged to ship the ordered goods to the Buyer.
- 3.3.3.2 The Buyer shall be liable to the Seller for any damages caused by the provision of incomplete or incorrect data.
- 3.3.4 The Buyer is allowed to check and change the data he has entered in the order. The Buyer is thus able, among other things, to detect and correct errors made when entering data into the order and to remove or add individual items (goods) from/to the electronic shopping cart until the moment of sending the order by pressing the "Confirm order binding for payment" button.
- 3.3.5 The Buyer sends the order to the Seller by clicking on the button " Confirm order binding for payment ". The data provided in the order are considered complete and correct by the Seller. The sending of the order is the Buyer's proposal to conclude the purchase contract.
- 3.3.6 The order sent by pressing the button "Confirm order binding for payment" becomes binding for the buyer. The Buyer hereby undertakes to pay the order.
- 3.3.7 The Buyer is obliged to read and subsequently agree to these General Terms and Conditions and the Personal Data Processing Policy.
3.4 The Seller will inform the Buyer of the acceptance of the order by electronic mail (e-mail). The Seller will send the order confirmation to the Buyer's electronic mail (e-mail) address provided in the order. The purchase contract is concluded upon delivery of the order confirmation to the Buyer's e-mail.
3.5 If the Buyer has entered an incorrect e-mail, as a result of which the order confirmation cannot be delivered, the Seller is entitled to cancel the order.
3.6 The Buyer acknowledges that the Seller is not obliged to enter into the Purchase Contract, especially with persons who have previously breached their obligations to the Seller in any way.
4.1 The price of the goods and the costs associated with the delivery of the goods under the Purchase Contract may be paid to the Seller in the following ways:
- 4.1.1 by online wire transfer through the Shopify Payments payment gateway,
4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The prices for the goods are listed on the Seller's online shop together with other information about the goods. The Seller declares that it is not subject to VAT and the prices are presented in the online shop including value added tax. The information about the goods and the price presented by the Seller in the web interface of the online shop is binding, except for obvious errors.
4.4 Clause 4.3 does not exclude the possibility for the Seller to conclude a contract with the Buyer on individually agreed price terms.
4.5 In the case of non-cash payment, the purchase price is payable within 5 working days of the Seller sending the order confirmation to the electronic address (e-mail) of the Buyer, which was provided during the order. The Buyer is obliged to pay the purchase price of the goods together with the variable symbol of payment, which will be indicated in the email together with the order confirmation.
4.6 In the case of any non-cash transfer, the Buyer's obligation to pay the Purchase Price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
4.7 The Seller, after payment of the full amount of the purchase price for the ordered goods by the Buyer, shall issue an invoice to the Buyer and send it to the Buyer together with the shipped goods or to the Buyer's electronic address.
4.8 The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.7 of these Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.9 Due to a technical error within the web interface of the online shop, the purchase price of products may be displayed at a level that is grossly inadequate to the usual market price for such products. In this case, the Seller is not obliged to deliver the products at the displayed purchase price. The Seller shall contact the Buyer and inform the Buyer of the actual purchase price of the product and the Buyer shall have the right to decide whether to accept the product at the actual purchase price.
5.1 The Seller reserves the right to determine the options and method of delivery.
5.2 The Seller allows the following methods of delivery of purchased goods (methods of transport):
- 5.2.1 Delivery by GLS.
- 5.2.2 Delivery via Zásilkovna.
- 5.2.3 Delivery to the Zásilkovna delivery points.
5.3 The Seller offers the possibility to ship goods within the following countries: the Czech Republic, Slovakia, Poland, Germany, Austria, Belgium, Italy, France, Hungary, Denmark, the Netherlands and Spain.
The Seller reserves the right to change the rates for packing and shipping.
The current transport rates within the Czech Republic are:
- 5.3.1 Delivery via GLS: 109 CZK.
- 5.3.2 Delivery via Zásilkovna: 119 CZK.
- 5.3.3 Delivery to Zásilkovna delivery points: 99 CZK.
The current transport rates to Slovakia are:
- 5.3.4 Delivery by GLS: 129 CZK.
- 5.3.5 Delivery via Zásilkovna: 139 CZK.
- 5.3.6 Delivery to Zásilkovna delivery points: 119 CZK.
The current transport rates to Poland are:
- 5.3.7 Delivery by GLS: 129 CZK.
- 5.3.9 Delivery to Zásilkovna delivery points: 119 CZ
- The current fares to the following countries: Germany, Austria, Belgium, Italy, France, Hungary, Denmark, the Netherlands and Spain are:
- 5.3.10 Delivery by GLS or Zásilkovna: 9,99 EUR
5.4 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. If the Buyer fails to take delivery of the goods on delivery, the situation shall be treated in the same way as in the case of withdrawal by the Buyer. In this case, the buyer shall bear the costs of transporting the goods back to the seller.
The buyer and seller agree that the cost of shipping the goods back to the seller is in this case:
Within the Czech Republic:
- 5.4.1 Delivery via GLS: 109 CZK.
- 5.4.2 Delivery via Zásilkovna: 119 CZK.
- 5.4.3 Delivery to Zásilkovna delivery points: 99 CZK.
Within Slovakia:
- 5.4.4 Delivery by GLS: 129 CZK.
- 5.4.5 Delivery via Zásilkovna: 139 CZK.
- 5.4.6 Delivery to Zásilkovna delivery points: 119 CZK.
Within Poland:
- 5.4.7 Delivery by GLS: 200 CZK.
- 5.4.8 Delivery via the shipping company Zásilkovna: 220 CZK.
- 5.4.9 Delivery to delivery points of the company's contractual partners: 125 CZK.
The following countries are Germany, Austria, Belgium, Italy, France, Hungary, Denmark, the Netherlands and Spain:
- 5.4.7 Delivery by GLS: 129 CZK.
- 5.4.8 Delivery to Zásilkovna delivery points: 119 CZ
5.5 By signing the delivery note or actually taking delivery of the shipment, the buyer confirms that the packaging of the shipment containing the goods has not been damaged. Upon receipt of the goods from the carrier (or at the point of delivery), the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. In the event that the packaging is found to be damaged, which indicates that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier. The Buyer is also obliged to physically inspect all goods delivered and if they show any signs of damage, to contact the Seller immediately.
6.1 When creating an order, the Buyer has the right to enter the discount code contained on the purchased MADU gift voucher or enter other discount codes provided by the Seller in accordance with the rules below.
6.2 Unless otherwise expressly stated by the Seller, the following rules apply to gift vouchers and discount codes:
- 6.2.1 Discount codes on gift vouchers are unique and cannot be applied repeatedly.
- 6.2.2 The discount code is applied to the order by entering the code in the appropriate field in the shopping cart.
- 6.2.3 Discount codes cannot be combined with each other.
- 6.2.4 Discount codes cannot be used to purchase gift vouchers.
- 6.2.5 Neither the gift voucher nor the discount code can be exchanged for money.
- 6.2.6 Gift vouchers and the discount code on them are usually valid for a limited period of time. Unless otherwise expressly stated by the Seller, the Buyer is only entitled to use the gift voucher or discount code before it expires.
- 6.2.7 The Seller does not provide money or any other form of compensation for the unused value of the gift voucher or discount code.
- 6.2.8 The validity period of gift vouchers purchased through the Seller's online shop is 1 year.
- 6.2.9 The validity period of other discount codes issued by the Seller is at the sole discretion of the Seller.
- 6.2.10 If the Buyer purchases goods for less than the value of the gift voucher or discount code, the Buyer is not entitled to a refund of the remaining value of the gift voucher or discount code or a new gift voucher or discount code for the remaining value of the original gift voucher or discount code redeemed.
- 6.2.11 In the event of cancellation of the Purchase Agreement for any reason or any other reasonable return of goods purchased by the Buyer to the Seller on the basis of a discount code or gift voucher, the Buyer shall be entitled to a refund of the amount actually paid by the Buyer in cash for the purchase of the goods. If the Buyer has used a gift voucher, the Seller shall issue a new gift voucher of the corresponding value.
7.1 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (such as internet connection costs, telephone call costs, etc.) shall be borne by the Buyer.
7.2 Ownership of the goods shall pass to the Buyer only upon full payment of the purchase price to the Seller and acceptance of the goods. Until such time the goods remain the property of the Seller. Upon acceptance of the purchased goods, the buyer acquires ownership of the goods.
7.3 The risk of damage passes to the buyer upon acceptance of the goods.
7.4 If no time of performance is agreed, the Seller shall hand over the item to the Buyer without undue delay after the conclusion of the contract, but no later than within thirty days.
7.5 If the Seller is in default of delivery, the Buyer may withdraw from the contract. The Seller shall return to the Buyer all monies paid by the Buyer under the Contract without undue delay after withdrawal.
7.6 The Buyer acknowledges that the software and other components forming the web interface of the Seller's online store (including all photographs of the products offered and the texts mentioned) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the Seller's online shop.
7.7 The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the web interface of the Shop or from the use of the web interface of the Shop contrary to its intended use.
7.8 When using the web interface of the online shop, the Buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the operation of the web interface of the online shop. The web interface of the online shop may only be used to the extent that is not detrimental to the rights of other customers of the Seller and that is consistent with its purpose.
7.9 If a gift is provided to the Buyer together with the purchased goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the purchase contract is withdrawn, 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.
7.10 The Buyer is not entitled to assign any claim against the Seller to a third party without the prior written consent of the Seller.
8.1 The Buyer may withdraw from the Contract by any unequivocal statement made to the Seller.
8.2 He may do so, for example, by electronic mail (send an e-mail to the Seller at info@maduthelabel.com). In the withdrawal, the buyer is obliged to indicate his name and surname, order number and the date of dispatch of the order (date of purchase).
8.3 The Buyer may use the Seller's withdrawal form to withdraw from the Purchase Agreement.
8.4 The Buyer has the right to withdraw from the purchase contract concluded by distance method or from the contract concluded outside the Seller's business premises without giving any reason and without any penalty within 14 days. This period starts on:
- 8.4.1 In the case of a contract of sale, from the date of receipt of the goods by the Buyer or a third party (other than the carrier) appointed by the Buyer.
- 8.4.2 In the case of a contract whose subject matter is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods by the buyer or a third party (other than the carrier) designated by the buyer.
- 8.4.3 In the case of a contract, the subject of which is a regular repeated delivery of goods, from the date of receipt of the first delivery of goods by the buyer or a third party (other than the carrier) designated by him.
8.5 The Buyer shall have the opportunity to try the goods during the 14-day period under the same conditions as if he/she had tried the goods in a brick-and-mortar shop.
8.6 If the Buyer withdraws from the Contract, the Purchase Contract shall be cancelled from the outset. If the Buyer withdraws from the contract, he shall send or hand over the goods he has received from the Seller without undue delay, at the latest within fourteen days of withdrawal from the contract.
The goods must be returned to the seller unused, undamaged and unworn, with all accessories (with all tags and labels) and with complete documents (copy of the purchase receipt or copy of the receipt) and in the original packaging. The Buyer is obliged to send the goods to the Seller to the branch of Zásilkovna at Biskupcova 1837/4, 130 00 Prague, which is listed under ID: 7873. The buyer is responsible for the costs of postage. The Buyer acknowledges that all costs associated with the return of the goods back to the Seller shall be borne by the Buyer.
8.7 The Buyer acknowledges that all costs associated with returning the goods back to the Seller shall be borne by the Buyer.
8.8 The Seller is entitled to examine the returned goods, in particular to determine whether the returned goods are used, damaged, worn out or otherwise partially consumed. The Seller shall be entitled to unilaterally set off the claim for payment for damage to the returned goods by the Buyer against the Buyer's claim for reimbursement of the purchase price.
8.9 If the Buyer withdraws from the contract, the Seller shall return to him without undue delay, no later than within 10 days of withdrawal from the contract, all funds, including delivery costs, received from him on the basis of the contract, without cash to the account designated by the Buyer or to the account from which the Buyer paid the purchase price of the goods.
8.10 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 the Seller or proves that the goods have been shipped to the Seller.
8.11 If the Buyer has chosen a delivery method other than the cheapest method of delivery offered by the Seller, the Seller shall refund the Buyer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
8.12 The Buyer may not withdraw from the contract if the goods have been manufactured or modified to the Buyer's requirements or adapted to the Buyer's personal needs (so-called "customized or made-to-measure").
8.13 This entire article does not apply to a purchase contract concluded with an entrepreneur within the meaning of Section 420 of the Civil Code (hereinafter referred to as "Entrepreneur"), Entrepreneurs are only entitled to withdraw from the contract for the reasons set out in the Civil Code.
9.1 The Buyer shall not be liable in connection with the withdrawal from the Purchase Contract pursuant to the preceding article for the depreciation of the value of the Goods as a result of the handling of the Goods in a manner that is necessary to become familiar with the nature and characteristics of the Goods, including their functionality (in other words, in the manner in which the Buyer could become familiar with the nature and characteristics of the Goods in a brick-and-mortar store).
9.2 In the event that the goods are delivered to the Seller damaged, worn or used (other than in a manner necessary to become familiar with the nature and characteristics of the goods), the Buyer shall be liable to the Seller for any diminution in the value of the goods caused thereby. In such a case, the Seller shall be entitled to set off its claim for diminution in value of the returned goods against the Buyer's claim for reimbursement of the price of the goods. Damage to the original packaging resulting from the unpacking of the goods shall not be considered as damage to the goods.
9.3 The Buyer shall only be liable to the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary to acquaint him with the nature, characteristics and functionality of the goods.
10.1 The provisions set out below in this Article (and also in Article 11) shall not apply to a Buyer who is a businessman, or if the purchase of the goods concerns the Buyer's business activity, unless otherwise provided for in the Civil Code. These provisions shall therefore apply exclusively to consumers.
10.2 The Seller is liable to the Buyer for the fact that the sold item is in conformity with the Purchase Agreement, in particular that it is free from defects. Conformity with the purchase contract means that the sold item has the utility characteristics required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of their advertising, or utility characteristics of the type usual for the item, that it conforms to the requirements of legal regulations and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.
10.3 The Seller shall be liable to the Buyer that the goods are free from defects at the time of acceptance by the Buyer. In particular, the seller shall be liable to the buyer that the goods:
- 10.3.1 corresponds to the agreed description, type and quantity, as well as quality, and in other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of goods of the same kind that the buyer can reasonably expect, also taking into account public statements made by the seller or another person in the same contractual chain, in particular advertising,
- 10.3.2 is suitable for the purpose for which it is acquired by the purchaser,
- 10.3.3 is delivered with the agreed accessories, including packaging and instructions for use, which the buyer can reasonably expect.
10.4 The Seller shall be liable to the Buyer that:
- 10.4.1 Do the goods have the characteristics that the parties have agreed, or do they have such characteristics that the seller has explicitly stated on the web interface of the online store (usually in the description of the goods) and which is stated in the purchase contract or which the buyer could expect due to the nature of the goods or based on advertising.
- 10.4.2 The goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship has been determined according to the agreed sample or pattern.
- 10.4.3 Are the goods fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used.
10.5 Clauses 10.3 and 10.4 do not apply if the Seller has specifically advised the Buyer prior to the conclusion of the contract that a feature of the item is different and the Buyer has expressly agreed to this when concluding the contract.
10.6 The rights arising from the defect shall be exercised with the seller from whom the item was purchased.
10.7 The Buyer may complain about a defect that becomes apparent in the goods within two years of receipt. If the buyer has rightfully pointed out the defect to the seller, the period under clauses 10.7 and 10.8 does not run for the period during which the buyer cannot use the goods.
10.8 If a defect appears in the goods within 1 year of receipt by the buyer, the goods shall be deemed to have been defective upon receipt.
10.9 The Buyer is not entitled to the right from defective performance if the Buyer caused the defect.
10.10 Defects in the goods are not wear and tear caused by normal use.
10.11 The Buyer is not entitled to rights from defective performance (or the goods are not defective) in the following cases:
- 10.11.1 If the goods have been sold as defective at a lower price and this defect has been stated in the specification of the particular goods or a lower price has been agreed for this defect.
- 10.11.2 If there is a change in the characteristics of the goods caused by wear and tear caused by normal use, improper use of the goods, including failure to follow the instructions for use and maintenance, insufficient or improper maintenance of the goods (e.g. improper washing, ironing, use of improper detergent, etc.), natural change in the materials from which the goods are made, damage caused by the buyer, a third party or damage caused by force majeure, and in other cases provided for by the Civil Code.
- 10.11.3 If the Buyer knew about the defect before taking over the goods (e.g. if it was explicitly and clearly stated in the description of the goods in the purchase contract).
10.12 If the goods have a defect, the buyer may demand its removal. He may, at his option, require the delivery of a new item without defect or the repair of the item, unless the chosen method of remedying the defect is impossible or disproportionately expensive in comparison with the other method; this shall be judged in particular by reference to the significance of the defect, the value the item would have had without the defect and whether the defect can be remedied by the other method without significant inconvenience to the buyer.
Unless this is unreasonable in view of the nature of the defect, the buyer may request replacement with new goods without defects, but if the defect concerns only a part of the goods, the buyer may request only the replacement of the part.
10.13 The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this shall not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract.
10.14 The Seller may refuse to remedy the defect if it is impossible or unreasonably costly to do so, particularly in view of the significance of the defect and the value the item would have without the defect.
10.15 The Seller shall remedy the defect within a reasonable time after the defect has been pointed out so as not to cause the Buyer significant inconvenience, taking into account the nature of the item and the purpose for which the Buyer purchased the item.
10.16 The Seller shall take over the item at his own expense to remedy the defect.
10.17 The Buyer may demand a reasonable discount or withdraw from the contract if:
- the seller has refused or failed to remedy the defect,
- the defect manifests itself repeatedly,
- the defect is a material breach of contract, or
- it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
10.18 The reasonable discount shall be determined as the difference between the value of the item without defect and the defective item received by the buyer.
10.19 The buyer cannot withdraw from the contract if the defect is insignificant.
10.20 If the buyer withdraws from the contract, the seller shall refund the purchase price to the buyer without undue delay after he receives the goods or after the buyer proves to him that he has sent the goods.
10.21 A material breach of the Purchase Contract shall be deemed to be a breach of the Purchase Contract of which the Seller already knew or must have known at the time of conclusion of the Purchase Contract that the Buyer would not have concluded the Purchase Contract if the Seller had foreseen the breach.
11.1 This Complaints Procedure is governed by Act No. 89/2012 Coll., the Civil Code, and Act No. 374/2022 amending Act No. 634/1992 Coll., the Consumer Protection Act, as amended, and Act No. 89/2012 Coll., the Civil Code, as amended, and applies to goods for which the Buyer's rights under liability for defects are asserted during the warranty period ("Complaints").
11.2 The Buyer shall assert the rights arising from the defective performance (hereinafter referred to as "claim") with the Seller without undue delay after the defect has become apparent. Continued use of the goods may cause the defect to intensify and result in the deterioration of the goods or the impossibility of assessing the cause of the defect.
11.3 The Buyer is obliged to read these General Terms and Conditions and the Complaints Procedure before ordering the goods. By concluding the purchase contract and accepting the goods from the Seller, the Buyer agrees to these General Terms and Conditions and the Complaints Procedure.
11.4 The Seller shall warn the Buyer of any defects in the Goods of which he is aware at the time of negotiating the Purchase Contract.
11.5 The Seller is obliged to issue a written confirmation (usually by e-mail) to the Buyer when the Buyer makes a claim, stating the date on which the Buyer made the claim, what is the content of the claim, what method of settlement of the claim the Buyer requires and the Buyer's contact details for the purpose of providing information on the settlement of the claim.
11.6 Complaints, including the removal of defects, must be settled and the Buyer must be informed of this within 30 days of the date of the complaint, unless the Seller and the Buyer agree on a longer period.
11.7 After the expiry of the time limit referred to in paragraph 11.6, the Buyer may withdraw from the contract or demand a reasonable discount.
11.8 The Seller is obliged to issue the Buyer with a confirmation (usually by e-mail) of the date and manner of settlement of the complaint, including confirmation of the repair, and the duration of the repair, or a written justification for the rejection of the complaint.
11.9 The Buyer shall use the Seller's sample form to make a claim.
11.10 In the event of a claim, the Buyer shall proceed as follows:
- 11.10.1 The Buyer shall fill in the required data in the complaint form. The Buyer shall provide his contact details and a description of the defect. The Buyer shall tell the Seller what right he/she has chosen (i.e. how he/she wants the defect rectified).
- 11.10.2 The Buyer is obliged to prove the purchase of the goods to the Seller (for example, by a copy of the invoice or receipt).
- 11.10.3 The Buyer sends the completed complaint form together with the proof of purchase to the Seller's e-mail info@maduthelabel.com and receives from the Seller a code to the Post Office, with which he can send the complained goods free of charge.
- 11.10.4 The Buyer shall pack the claimed goods in the package (if possible, in the original packaging) and enclose proof of purchase (for example, a copy of the invoice or receipt). The shipment shall then be sent to the Seller to the branch of Zásilkovna at Biskupcova 1837/4, 130 00 Prague, which is listed under ID: 7873. The goods must be packed in suitable packaging to prevent damage and must be clean and complete when transported.
- 11.10.5 Upon receipt of the shipment, the Seller will contact the Buyer by e-mail regarding the manner of handling the complaint.
11.11 The time limit for the settlement of a complaint starts from the moment of filing (notification) of the complaint. The Seller shall decide on the complaint of the Buyer who is a consumer without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer who is a consumer agree on a longer period of time.
- Seller's declaration
12.1 The Buyer acknowledges that all presentation of products placed on the web interface of the shop is of an informative nature, i.e. photographs of products may be illustrative or may give a distorting impression due to their conversion to the display in the Buyer's technical means, therefore the Buyer is always obliged to familiarize himself with the full description of the product and in case of any ambiguity contact the Seller.
12.2 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority.
12.3 The identification and contact details of the Seller are set out in Article 1 of these Terms and Conditions.
12.4 By sending the order to the Seller, the Buyer confirms that before concluding the purchase contract, he/she has read these General Terms and Conditions, of which the Complaints Procedure forms an integral part, and that he/she expressly agrees to them in the wording valid and effective at the moment of sending the order.
- Privacy Policy
13.1 The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 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), related to the processing of the Buyer's personal data by means of the Personal Data Processing Policy.
- Delivery
14.1 Unless expressly agreed otherwise, all correspondence related to the Purchase Contract must be delivered to the other party in writing, either by electronic mail (e-mail) or by registered mail via a postal service provider to the address of MADU THE LABEL s.r.o. Kunětická 2534/2, Vinohrady, 120 00 Prague 2. The Buyer shall always be delivered to the electronic mail address (e-mail) which he/she indicated in the order.
- Dispute Resolution
15.1 The mutual relations and any disputes between the Seller and the Buyer that may arise shall be settled by the competent courts of the Czech Republic.
15.2 Any disputes that may arise between the Seller and the Buyer, who is a consumer, may also be resolved out of court. The Czech Trade Inspection Authority (https://www.coi.cz/) is the entity authorised to settle disputes out of court. To resolve the situation, we recommend contacting the seller at info@maduthelabel.com before resolving the dispute (out of) court.
15.3 The out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the seller. The application may be submitted within 1 year at the latest from the date on which the consumer first exercised the right which is the subject of the dispute with the seller.
15.4 Supervision of compliance with the obligations in the processing of personal data is carried out by the Office for Personal Data Protection. Supervision of consumer protection is carried out by the Czech Trade Inspection Authority.
16.1 The Purchase Agreement and these Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
16.2 The Seller may change or amend the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising from purchase contracts concluded during the period of validity of the previous version of the Terms and Conditions.
16.3 All contractual relations between the Seller and the Buyer shall be concluded in accordance with the law of the Czech Republic. In matters not expressly covered by the Purchase Contract or these General Terms and Conditions and the Complaints Procedure, they are governed by Act No. 89/2012 Coll., the Civil Code, as amended and in force, and Act No. 374/2022 amending Act No. 634/1992 Coll., on Consumer Protection, as amended, and Act No. 89/2012 Coll., the Civil Code, as amended.
16.4 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.
16.5 Any amendment to the Purchase Agreement shall be in writing and signed by both parties to the Purchase Agreement.
16.6 These General Terms and Conditions and the Complaints Procedure come into force and become effective on 12 February 2023.