Terms & Conditions
1. General provisions
These terms and conditions (together with the documents mentioned herein) establish the legal terms that apply to your use of this website www.bhappybrand.com and its sub-domains, as well as to all orders placed for all products and services offered on www.bhappybrand.com (hereinafter referred to as the "Terms & Conditions"). They can be accessed at any time at www.bhappybrand.com (“Website”).
These Terms & Conditions shall not apply to cases when a person who intends to purchase goods from the Website acts, while ordering goods, as a part of their business activities – these business cases are governed by the general legislation for purchase contract included in Act No. 89/2012 Coll., the Civil Code of the Czech Republic, as amended.
This Website is operated under the name BHappyBrand by the company Verda International s.r.o., with the registered office at Klecanska 371, 25066 Zdiby, Czech Republic, with email address firstname.lastname@example.org, registered in the Commercial Register of Municipal Court in Prague, Section C, Inlay 130028, Company ID: 28166353, VAT Number CZ28166353 (hereinafter the "Seller").
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Throughout the Website, the terms “we”, “us” and “our” refer to BHappyBrand. Where we refer to "you" or "your" we mean you, the person using the Webside or placing an order on it. BHappyBrand offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
These Terms & Conditions are only available in the English language.
Any new products, features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page.
When you use this Website and place orders through it, you agree to:
- Use this Website to make enquiries and legally valid orders only;
- Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the competent authorities;
- Not to reproduce, duplicate, copy, sell, resell or exploit any portion of our products and services, use of our services, or access to the Website or any contact on the website through which our service is provided, without express written permission from us;
- When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.
The Website is available to all users of the Internet network and is accessible 24 hours a day and 7 days a week, subject to any interruption, planned or not, by Verda International or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “Force Majeure events” as recognized by Czech courts. Verda International is not responsible for any damage incurred by an unavailability of the Website.
2. Order process
You can place an order on the Website according to the following process:
- Choosing the items and adding them to your cart
- Validation of your shopping cart contents
- Filling in your contact information and shipping details or logging in to your account if you have already created one
- Confirmation of delivery method and rate
- Choice of payment method
- Payment validation
2.1 Customer identification
To place an order, you can either create an account or proceed using our guest checkout.
To create your account you shall visit “Create Account” page and fill in the form dedicated for this purpose with the mandatory information. You expressly agree not to use false information or information from third parties.
After clicking “Create” button, you will receive an email to the indicated email address in order to activate your account. Registration on the Website is effective as soon as you click on the "Activate your account" button in this email. You will also receive an email confirming the activation of your account.
For your subsequent orders, you will be able to access your account by entering your Email and password.
You are obliged to update your user account should there be any change in the details provided. We consider the details you have provided at the moment of the order correct.
You are obliged to maintain confidentiality concerning the information necessary to access your User account as well as caution regarding keeping this information safe. You are obliged to use the user account personally and are not authorized to enable third parties to use your user account.
The functionality of buying goods as a guest is also available on the Website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.
2.2 Placing the order
To order goods you shall add the items in your shopping cart and follow further instructions given in the purchase process. After the selection is made you can go to the Cart and proceed to check-out by clicking “Check out” button.
An express check-out is also available on the Website. To carry that out you shall click “Buy it now” button on the page of the product you want to order by this method. You will be then redirected to the page where you will be requested to fill in the information essential for processing the order and to make the payment subsequently. If you previously added other products to you cart, they will not be taken into account in case of express check-out. To order all the products added to your shopping cart, you shall follow the full order process.
The full order process takes place in 4 stages, following your validation of the shopping cart:
1) Summary of the order:
You check the contents of your shopping cart.
At this stage you can update the cart contents by changing desired quantities of products and clicking “Update cart” button subsequently.
Prior to the final validation of the order, you have the possibility to make changes of your contact or delivery details if you notice that an error has appeared in the data entry.
Your confirmation of the order implies your acceptance of all provisions of Terms & Conditions.
Once steps 1 and 2 have been validated, you shall select the method of payment, and complete the payment.
We reserve the right to refuse or cancel any order in the event of a dispute concerning the payment of your previous order or an objective suspicion of fraud.
We will send you an email confirmation summarizing your order (products, prices, quantity etc.) (“Order Confirmation”).
All orders are subject to our acceptance. You will be informed of our acceptance via email in which we will confirm that the order is being sent (the “Delivery Confirmation”).
Please note that we stipulate a certain amount of time for order processing, which is determined based on product availability (stock /made to order), product’s complexity, present quantity of orders and on the season (“production time”). Production time is set for each product individually and varies depending on the above mentioned factors. Time production is stated at the product concerned or communicated by email no later than 48 hours after the Order confirmation.
The contractual relationship between you and Verda International is established only when we send you the Delivery Confirmation via electronic mail to your email address. There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your order is not accepted and your account has already been charged, you shall be reimbursed in full.
We reserve the right not to confirm an order for any reason whatsoever, in particular due either to a problem with the supply of products or a problem concerning the order received.
We reserve the right to remove any product from the Website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.
The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.
2.3 Follow-up of the order
Upon receipt of our Order confirmation email you can follow the progress of your order and delivery, by clicking on "My Account" then "Order History" in case if you are a registered user.
All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
We have made every effort in the presentation and description of the products in order to provide you with the best possible information. However, occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel the order and you have already paid for the products, you will receive a full refund.
We undertake no obligation to update, amend or clarify information on the Website including without limitation, pricing information, except as required by law.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, you may either exercise your right of withdrawal, or implement our guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
4. Prices & payment
The price of the product(s) will be as stipulated at all times on the Website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full without undue delay and no later than 14 days after the date of termination of this Contract.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price. If it is a case, we will offer you the opportunity to purchase the product at the correct price or to cancel the order.
The prices on the Website are indicated in Euros, include V.A.T., but exclude delivery charges and any customs duties or other taxes that certain countries outside the European Union may apply upon order reception depending on the legislation of their country. The delivery charges are added to the total price during the order process. Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation. The prices of products are those which apply at the time of your order.
The products are payable on the day of the order.
The purchases shall be settled either via PayPal, or via the secure platform provided by our partner Stripe. You expressly acknowledge that disclosure of your bank card number to Verda International gives the company authorization to debit your account to the amount of the products ordered. When you click “Place order”, you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you. As the case may be, we sent you a notice of the order cancellation for error of payment to your registered email address.
You may at your discretion save your payment card details for next purchase. Such information is kept and processed by Stripe. Verda International will never keep payment card details.
Under the Czech Electronic Records of Sales Act, we are required to issue an invoice to the buyer; at the same time, it is required to register online the received revenue with the tax administrator. We use electronic invoices. Herewith you agree that you receive invoices electronically. We will send you your electronic invoice together with your Order Confirmation. Electronic invoices will be also made available to you in PDF format under “My Account” on this website.
No potential discounts from the price of the goods we provide you may be combined.
Delivery service for the articles on this website is offered worldwide.
Deliveries are carried out by our delivery partners, including DPD, UPS, Czech Post, Chronopost, Post of Slovenia, Polish Post, Austrian Post, Hermes and DHL.
For the purpose of these Terms & Conditions, the “Delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you. The products shall be under your responsibility and the risk of lost or deterioration of the product(-s) is transferred to you at the time of the Delivery.
Delivery prices applicable to your order are those indicated on the Website in the section “Delivery and returns”.
Notwithstanding Clause 3 above regarding product availability and except for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated in the section “Delivery and returns” and, in any case within a maximum period of 30 days from the date of the Order Confirmation. Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that our delivery partners do not make home deliveries on Saturdays, Sundays or bank holidays.
We cannot be liable for the late Delivery caused by a case of force majeure (as described below).
Verda International cannot be liable for any direct or indirect damage resulting from delay of delivery.
Upon receipt of the goods from the delivery company, you are obliged to examine whether the packaging of the goods is intact and in the case of any defects, immediately notify the delivery company. In the case the package is found damaged indicating an unauthorized intrusion into the parcel, you may refuse to accept the parcel from the shipper. By signing the delivery note, you confirm that the parcel with the goods met all conditions and requirements and that no later complaints regarding the damaged packaging of the parcel may be accepted.
You must make sure that you have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.).
If no one is available at your address to sign for your order, our delivery partner will leave you a note explaining what to do to have it delivered again.
In certain circumstances our delivery partner may provide you with the following options when delivering your order: (a) signature release: opting out of the requirement to provide a signature on delivery; and/or (b) leave with neighbour: re-directing the delivery to a neighbour. By selecting to receive your order via such service, you acknowledge and agree that Verda International shall bear no responsibility or liability for any loss or damage that may result from delivering your order in accordance with your request.
In case that for a reason on your side it is necessary to deliver the goods repeatedly or in a different way than stated in the order, you are obliged to cover the costs related to the repetitive delivery, more precisely the costs related to another way of delivery.
If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. Products will be returned to Verda International which will return to you all payments received from you for the order, within 5 days of the products’ receipt by Verda International.
Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you. Shipping fees are non-refundable unless otherwise specified on the website or during your order process.
6. Exchange & returns
Any non-professional customer have the right to withdraw from the Contract, within 14 days from receipt of the goods, without giving any reason, in accordance with the provisions of Section (§) 1829 paragraph 1 of the Civil Code of Czech Republic.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the product(s) or in case of multiple product(s) in one order delivered separately, after 14 days from the day on which you acquire, or a third party other than the carrier indicated by you acquires, physical possession of the last product ordered in one order.
To exercise the right of withdrawal, you shall either a) fill the return form available in the Annex at the end of the “Terms & Conditions” or in the “Delivery and returns” section and send it at email@example.com or b) send us an email to firstname.lastname@example.org with your decision to withdraw from this contract while indicating your order details (including order number and the description of the product(s) which are being returned).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
We make the refund for the order returned within 14 days by your communication of the withdrawal right, subject to the receipt of the products and its excellent condition.
Shipping fees are non-refundable unless otherwise specified on the website or during your order process. If you return an item that is faulty, the shipping costs will be refunded.
The repayment of an order paid by gift card or a voucher will always be by voucher.
Notwithstanding the foregoing, we may withhold reimbursement until we have received the product(s) back.
The products must be returned to Verda International at the address: 371 Klecanska 25066 Zdiby, Czech Republic, together with the e-ticket that was attached to the Delivery Confirmation, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this Contract to us. The costs incurred in the return of the product are payable by you. After such 14 days, the sale is final.
The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it. Your right to cancel the Contract shall apply exclusively to the product(s) that are returned in the same condition in which you received them. No reimbursement will be made if the product(s) has been used once it has been opened, for product(s) that are not in the same condition as when they were delivered or if they have been damaged, so please take care of the products(s) while in your possession.
Within a period of 10 days from returning the goods by the customer, we are authorized to examine the returned goods, in particular to determine whether the returned goods have not been damaged or worn out. After examining the article(-s), we will inform you of whether you have the right to reimbursement of the amounts paid.
If you do not adhere to these Terms & Conditions, including conditions of return or exchange, Verda International cannot proceed to refund the products in question.
You shall not have the right to withdraw from the Contract when it is for the delivery of any of the following products:
- Customized items and goods adjusted as per your requirements/ for your needs;
- Digital content;
- Provision of services performed by Verda International with previous explicit consent of the consumer prior to the expiration of the period of notice;
- Music CDs/DVDs/PC programs whereby the original packing of such products has been broken;
- Sealed goods which are not suitable for return due to hygiene reasons and where unsealed after delivery;
- Fast moving consumer goods/goods irreversibly mixed with other goods after delivery;
- Newspapers, periodicals and magazines;
- Transport or leisure services provided by us within a defined period.
In case of a special offer, the buyer becomes entitled to a discount if the order meets all the requirements of the currently announced special offer. In the event that the buyer withdraws from the sales contract, he ceases to become entitled to this discount. The right to a discount is also terminated in the event that the buyer returns just part of the goods. In the event of any breach of the rules of the marketing offer, fraudulent acquisition of a discount, breach of the rules of the Facebook social network or actions in conflict with good morals, the company reserves the right to terminate any special offer, change these terms or reject the right to application of a discount.
7. Liability for defects & warranty
The rights and obligations of the contracting parties concerning our liability for the defects, including the warranty liability, shall be governed by relevant generally binding regulations (particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and 2161 to 2174 of the Civil Code of the Czech Republic).
To the extent legally allowed, and unless these Terms & Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
- Loss of income or sales;
- Operating loss;
- Loss of profits or contracts;
- Loss of forecast savings;
- Loss of data;
- Loss of business or management time;
- Damage to the image;
- Lost chance and especially of sale or purchase of a product;
- Psychological damage.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website. All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately in favor of consumers and users.
7.1 Lack of Conformity
According to the related sections of the Civil Code of the Czech Republic, the seller is liable to the consumer that the product(s) is/are free from defects upon receipt. In particular, the seller is liable to the consumer that, at the moment the product(s) is/are received by the consumer:
- The product has the characteristics agreed by the parties or if no contract is reached, the characteristics described on the Website or reasonably expected by the consumer with reference to the nature of the goods and related advertisement;
- The product can be used for the purposes stated by the Seller or for the purposes for which the product of that kind is usually used;
- The product is provided in the corresponding quantity, measurement or weight. (Please note that as for our jewelry items, each jewel is handcrafted on demand. For this reason, the carat weight, stone or jewel size and color may vary slightly from that indicated on the Website and from one creation to the next);
- The product complies with the requirements stipulated by law.
If the product becomes defective within six months after receipt, the product is deemed being defective already upon receipt. Unless stipulated otherwise, the consumer is entitled to claim defective consumer goods within 24 month after receipt. This does not apply to:
- Discount related defects;
- Usual wear and tear;
- Defects caused by ordinary use or wear and tear and evident at the moment of receipt by the consumer;
- Defects arising from the nature of good.
Improper performance cannot be claimed if the consumer was aware about the defect before accepting the product or if the defect in question was caused by the consumer. The consumer is not entitled to claim guarantee with reference to a defect caused by outer circumstances after the risk of damage has passed to the consumer.
7.2 Material (substantial) Breach
If improper performance constitutes a substantial breach of the Contract, you are entitled to:
a) Removal of the defect by delivery of new defect-free goods or by delivery of missing goods, in case of a component part affected by the defect, you can only claim that the component part in question be replaced;
b) Removal of the defect by repairing the goods;
c) An adequate discount from the purchase price or
d) Withdraw from the contract.
The consumer shall inform the seller about the selected option upon reporting the defect or without unnecessary delay after the defect has been reported. If the consumer fails to select the option in due time, the rights as in the case of a minor breach will apply in accordance with the provision of Section (§) 2107 of the Civil Code.
7.3 Minor Breach
Provided the defective performance constitutes a minor breach of contract, you are entitled to defect removal or to an adequate discount from the purchase price.
In case of exercising the right to defect removal by repairing of the goods, you are entitled to the defect being removed on time, free of charge and in a proper manner. The seller is obliged to remove the claimed defect without unnecessary delay, no later than within 30 days from the moment the claim was made. The removable defects are such defects that may be removed by repair without deterioration of the looks, function and quality of the product.
A change in goods (properties) may not be considered as the defect of the goods if it occurred in the course of the warranty period due to wear-out, improper use, lack or absence of proper maintenance, due to the natural changes in material that the goods are made from, due to any damage caused by external factors or any other improper interference by the customer or by a third party.
You acknowledge that if the goods are delivered along with any gifts, we (the seller) and you (the consumer) enter into a contract of donation on the condition that such contract of donation terminates as soon as the consumer enjoys its right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, we may and can claim monetary compensation in the amount of ordinary price.
7.5 Returns of defective product(s)
The claim must be made without unnecessary delay, immediately after the defect has been discovered. A potential delay while continuing to use the goods may cause deepening of the defect, deterioration of the goods and may be the reason why the claim is rejected.
You shall contact us by sending an email to email@example.com, providing the product details, specifying the way the defect has manifested and indicating the option for the right of liability for defects they are exercising. The notice of claim must be accompanied by the e-ticket that was sent together with the Order Confirmation, the supporting document proving receipt of the goods, or alternatively by the warranty card provided it was issued.
You shall return the product(s) to the address: 371 Klecanska 25066 Zdiby, Czech Republic. The goods themselves must be in completed state, cleaned, devoid of any stains and hygienically unobjectionable and the claimed defect must be marked. We are entitled to refuse to accept the goods, for the claim procedure, that is not compliant with the abovementioned standards.
We will carefully examine the returned product(s) and will notify you by email within a reasonable period if the defect can be removed or the product(s) may be exchanged or whether you have a right for a refund (as appropriate).
In case of exercising the right to defect removal by repairing of the goods, you are entitled to the defect being removed on time, free of charge and in a proper manner. We will remove the claimed defect without unnecessary delay, no later than within 30 days from the moment the claim was made. The removable defects are such defects that may be removed by repair without deterioration of the looks, function and quality of the product.
The refunding or replacement of the article(s) shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming that the refund or replacement of the product(s) is going ahead. The refund will always be paid using the same payment means you used to pay for your purchase.
8. Intellectual property
You acknowledge that the software and other components constituting this Website interface (such as the images of offered goods, text, graphics, logos, button icons, digital downloads, data compilations) are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. You pledge not to carry out any activity that could enable you or third parties to interfere with or use without authorization the software or other components constituting the Website interface.
9. Personal information
10. Other rights & obligations
10.1 Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis, for domestic and private use only, and it does not include any commercial use of the Website or its contents. You must not reproduce copy and/or exploit the Website for any commercial purposes without our prior written consent.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
10.3 Viruses, piracy and other computer attacks
You are not authorized, while using the Website, to use mechanisms, software or other actions that can cause, or are likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You must not make undue use of this Website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material.
You are not authorized, while using the Website, to use mechanisms, software or other actions that could adversely affect the operation of the website interface.
You shall not attempt to make unauthorized access to this website, the server on which the site is hosted or any server, computer or database related to our website.
You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.
You are not authorized to use this website to send spam or junk e-mails or chain messages, and to create false messages falsifying the identity of other consumers.
Failure to comply with this provision shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker/hacker. Likewise, in the event of failure to comply with this provision, authorization to use this website shall be suspended immediately.
We will not be liable for any direct or indirect damage or harm or loss of profit resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
10.4 User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10.5 Links from our website
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
10.6 Third-party products and services
Certain content, products and services available on our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
10.7 Force Majeure
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest;
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
- Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private;
- Inability to use public or private telecommunication systems;
- Acts, decrees, legislation, regulations or restrictions of any government or public authority;
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport;
- Governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
If the event of force majeure continues for more than 3 months, the contract may be terminated without compensation for one or other of the parties.
You agree to indemnify, defend and hold harmless our and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms &Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
11. Waiving rights
If you breach these Terms & Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so via electronic communication or in writing, and that will not mean that we will automatically waive any later breach by you.
12. Entire agreement
These Terms & Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Terms & Conditions. Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Terms & Conditions.
In the event that any provision of these Terms &Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms &Conditions are effective unless and until terminated by either you or us. You may terminate these Terms &Conditions at any time by notifying us that you no longer wish to use our products or services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms &Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website, products or services.
15. Applicable Law
The use of our website and the product purchase contracts through said website shall be governed by Czech legislation.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Czech courts.
In the event of a dispute between you as a buyer and Verda International concerning the interpretation, performance or termination of this Terms & Conditions, we strongly encourage you to contact us at the email address firstname.lastname@example.org in the first instance to attempt to resolve the disagreement amicably.
According to the Czech Consumer Protection Act, the customer has the right to the out-of-court settlement of consumer disputes concerning the purchase contract with the Seller, if the customer is not satisfied with the settlement of his/her claim by the Seller, or if the Seller and the customer have failed to resolve the dispute in any other way. The entity responsible for the out-of-court settlement of consumer disputes is the Czech Trade Inspection, with address at Štěpánská 567/15, 120 00 Praha 2, ID: 00020869, internet address: http://www.coi.cz.
The customer initiates the out-of-court settlement of consumer disputes by submitting his/ her motion to the Czech Trade Inspection (in writing or orally into the record or electronically via the online form on the website of the said Czech Trade Inspection: https://www.coi.cz/en/alternative-dispute-resolution-for-consumer-disputes-adr/.
If the purchase between the Seller and the customer has been concluded online through the website of the Seller, the Seller in line with EU Regulation No. 524/2013 hereby informs the customer that the customer is entitled to settle with the Seller the consumer dispute out of court through the platform for the online dispute resolution; internet address: http://ec.europa.eu/consumers/odr/.
If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in this area.
Model withdrawal form
(complete and return this form with the order number and electronic invoice, only if you wish to withdraw from the contract)
Address: Klecanska 371, 25066 Zdiby, Czech Republic and email address: email@example.com
I hereby give notice that I withdraw from my contract of sale of the following goods:
- Purchased on ……………..(date of the order) and/or received on ……………..(delivery date)
- Customer name:
- Customer address:
- Customer signature (only in case of notification in hardcopy)