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Summary of business conditions

 

The internet shop at http://jawinner.com is operated by the trading company GP novum s.r.o., seated at Riegrova 1756/51, 37001 České Budějovice, IČO 28155483, entered in the Commercial Register kept by the Regional Court in České Budějovice, in section c, insert 20704, VAT number CZ28155483. You can contact us via email info@jawinner.com or phone +420777245367.

As soon as you send your order to the online store, the contract will be concluded. We will confirm the receipt of the order and the conclusion of the contract by e-mail.

Make the payment within 15 days of the conclusion of the contract, or later, depending on your chosen payment method.

As a consumer, you can withdraw from the concluded contract at any time, up to 14 days from the date of receipt of the goods. You will find the list of contracts that cannot be withdrawn from in the full version of terms and conditions. We may withdraw from the concluded contract any time, until you take over the goods from us. Upon the withdrawal from the contract, you will return the goods to us, including any gifts and bonuses, if we have provided any, at your own expense, within 14 days of the withdrawal. We will refund your money within 14 days after receiving the withdrawal, but not before you return the goods to us or prove that the goods were sent to us.

If you order tangible goods in our online store, the purchase contract will be concluded.

As an entrepreneur, you become its owner by concluding a contract and as a consumer or non-entrepreneur by taking over the goods, but not before you pay the price in full. In case of delivery of the damaged goods, as a consumer or a non-business legal entity, please inform us immediately. If you find damage during receipt of the goods, inform also the carrier about the damage. In case of delivery of the damaged goods, as an entrepreneur, resolve the loss with the carrier.

If you are not an entrepreneur, you have the right to claim defects that have occurred on the goods within 24 months after receipt of the goods, or within a longer period, if stated elsewhere. As an entrepreneur, you can claim defects that were on the goods at the time when the risk of damage passed to you, within 6 months, in the case of a hidden defect within 2 years, from the receipt of the goods. In Business terms and conditions, you can find, how exactly you can claim the goods and what you can request in case of complaint.

 

General conditions

 

    1. Scope of business conditions. These terms and conditions govern the conclusion of contracts between us as a trader, and you as a customer, through the online store, as well as our and your rights and obligations under the contracts. Mandatory information is also a part of the business conditions. Information on the processing of personal data can be found in a separate document on our website. The business terms and conditions take effect on 27th October 2021.

    2. Used expressions. We use the following abbreviations in our terms and conditions:

 

      1. We, which means a merchant, business company GP novum s.r.o., seated at Riegrova 1756/51, 37001 České Budějovice, ID number 28155483, registered at Commercial Register kept by the Regional Court in České Budějovice, in section c, insert 20704, VAT number CZ28155483.

      1. You, which means the customer, i.e., the other party different from us, which may be one of the following entities:

 

        1. A consumer, who is a person who is not acting withing business or in the exercise of his profession alone,

        2. A non-entrepreneur, who is a legal entity not acting within its business or in the exercise of its profession,

        3. An entrepreneur, who is a person or legal entity acting within the business or in the exercise of the profession.

 

      1. Internet shop, our web interface located at http://jawinner.com, where you can view our offer and order our goods.

      2. Email, electronic mail, with which you can contact us at info@jawinner.com.

      3. Phone, that can be used to contact us +420777245367.

      1. Contracts, which means purchase contracts.

 

    1. Relation of business conditions to the contract. Business conditions are an integral part of all contracts. Deviating provisions in the contract take precedence over the wording of the terms and conditions.

    2. Relationship of the contract and business conditions to legal regulations. Rights and obligations, which are not regulated by the business conditions or the contract, are governed by the legal regulations of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., On consumer protection, in accordance with European Union legislation, in particular Directive 2011/83 / EU on consumer rights and Directive 2000/31 / EC on electronic commerce. In case a conflict between the terms and conditions or the contract with the legal regulation, the legal regulation shall prevail, unless it is a matter which can be regulated differently by the agreement.

    3. Separability of the provisions of the terms and conditions and contractual arrangements. If any provision of the terms and conditions or the contractual arrangements becomes invalid, ineffective, or disregarded, this shall not affect the validity and effectiveness of the other provisions of the terms and conditions or the contractual arrangements.

    4. Relations with the international element. Legal relations between us and you in case of the presence of an international element are governed by the Czech law and the Czech courts have jurisdiction to resolve any disputes. The UN Convention on Contracts for the International Sale of Goods (Vienna Convention) does not apply.

    5. Ways of resolving complaints. Any complaints and disputes between you and us can be resolved

 

      1. out of court in proceedings conducted by Česká obchodní inspekce (Czech Trade Inspection Authority) (www.coi.cz),

      2. by email at support@jawinner.com

      3. in person at any of our stores,

      4. by phone at our telephone number.

 

    1. Supervisory authorities. Our activities are controlled and supervised by the state authorities of the Czech Republic, which you can reach with your suggestions, in accordance with the legal regulations that regulate their competence and powers. The state supervisory authorities are in particular:

 

      1. Czech trade inspection,

      2. trade licensing offices,

      3. Office for Personal Data Protection,

      4. Czech Agriculture and Food Inspection Authority.

 

Ordering goods and concluding contracts

 

    1. Ordering goods. The goods in our online store can be ordered by accepting the offer to conclude a contract, which is represented by the display of goods in the online store, through:

 

      1. online store. Acceptance of our offer with an appendix or deviation is not possible and is considered a counteroffer on your part.

    1. Ordering goods with the Internet. Ordering the goods through the online store is done by selecting the offered goods in the required quantity, quality, and design, adding the goods to the virtual cart, filling in the required information, selecting the method of delivery and payment and sending your order using the button "Buy", which will conclude the contract. Before submitting your order, you will be able to check and change the entered data.

    1. Order confirmation. We will confirm the successful acceptance of your order and the conclusion of the contract to your email address by sending an email message, which will include:

 

      1. confirmation of the conclusion of the contract and its content,

      2. our business conditions, the content of which also includes the mandatory information provided. In case of incompleteness or incorrectness of the order, we will ask you to complete it or notify you about the impossibility of concluding the contract.

    1. Language and keeping of the contract. Contracts are concluded in the Czech language. We keep concluded contracts and you can access your contracts via the online store.

 

Concluded contracts and their content

 

    1. Change and cancellation of the contract. It is not possible to unilaterally change or cancel the concluded contracts. this may be done only by mutual agreement, or if so, provided by law or business conditions.

    1. Content of the purchase agreement. Based on the concluded purchase contract, we are obliged to deliver the ordered tangible goods and provide any agreed services and you are obliged to take over the goods and pay us the total price, which consists of the price of the ordered goods, payment price, delivery price and any other ordered services.

    2. Intellectual property protection. If we supply you with goods protected by intellectual property rights (especially copyrights, trademarks, industrial designs, patents, and utility models) under the contract, the license entitling you to exercise intellectual property rights is not part of the contract. You may not use the copyrighted goods as a person other than for personal use, and as a legal entity other than for your own internal use, you are not authorized to reproduce, resell, rent, or otherwise make the goods available to third parties.

    3. Discounts and promotions. For discounts or other marketing events, unless otherwise stated, it is not possible to combine the individual discounts provided and other benefits.

    4. Gifts and bonuses. If you have been provided with gifts or other bonuses under the contract, this is based on the gift contract, so we are not responsible for any defects. The existence of the gift contract depends on the existence of the main contract, and the gift contract is concluded with the untying condition of cancellation of the gift contract in the event of termination of the main contract.

    5. Discount coupons and gift vouchers. Discount coupons and gift vouchers can be redeemed under the agreed conditions or under the conditions stated on the coupon or voucher. Unless otherwise agreed, they can only be used with us and the validity period is limited to discount coupons until the cancellation or end of the discount promotion, and to gift vouchers for a period of one year from their issuance.

 

Payment Terms

 

    1. Payment methods. The total price can be paid in the ways named on the corresponding page in our online store.

    2. Time for payment. You are obliged to pay the total price either before delivery of the goods, upon receipt of the goods, or later, according to the agreed method of payment. If the total price is to be paid before delivery of the goods, you are obliged to pay it within 15 days of concluding the contract. If the total price is paid through the payment service provider, the total price is paid by crediting the monetary amount to our account with the payment service provider.

    3. Paying with a loan. If you want to make the payment of the total price through a loan or other financial product, based on the contract with the financial service provider, this relation is also governed by the contract and conditions of the financial product provider.

    4. Electronic submitting of tax documents. You agree that we issue an invoice (tax document) and send it to you in an electronic form to your e-mail address specified in the order.

Terms of delivery

 

    1. Delivery methods. You can find the delivery methods that you can use on the corresponding page in our online store.

    2. Restrictions on the supply of goods. The delivery of goods is not a subject to any geographical restrictions.

    3. Acquisition of ownership. As an entrepreneur, you become the owner of the goods we deliver to you by concluding a contract, and as a consumer or non-entrepreneur, by taking over the goods, but not before you have paid the price in full.

    4. Delivery time. The agreed time for delivery of goods runs from the conclusion of the contract. If the total price is to be paid before the delivery of the goods, the time for delivery runs from the payment of the total price. The goods will be delivered to the destination at this time. If you are not a consumer and the goods is to be delivered to the destination by the carrier, the goods will be handed over to the carrier at this time.

    5. Acceptance of the goods. You are obliged to take over the goods at the agreed time and place, depending on the method of delivery. If the goods are to be delivered by carrier, you are obliged to take them over upon delivery to the destination. If you do not take over the goods, we have the right to withdraw from the contract, the right to pay the costs associated with delivery, if they were not paid before delivery, and the right to pay storage fees for the storage period ending when you take over the goods, withdraw from the contract or we withdraw from the contract. The storage fee is CZK 10 per day, but its total amount must not exceed the price of the stored goods. If we deliver the goods to you repeatedly after you do not accept the delivery, we are entitled to reimbursement of the costs associated with repeated delivery.

    6. Identity check upon receipt of the goods. If the goods have been paid before delivery, we are entitled to make the handover of the goods depending on checking the identity of the person taking over the goods based on an identity document.

    7. Damage of the goods during transport to consumers or non-entrepreneurs. If you are a consumer or a non-entrepreneur, the risk of damage to the goods passes to you by taking over the goods. In case that the goods are delivered to you damaged, you are obliged to inform us immediately, preferably:

 

      1. via email support@jawinner.com

      2. in person at any of our stores,

      3. by phone at our telephone number.

 

If you find damaged shipment when you receive the goods, you are obliged to inform not only us but also the carrier when taking over the goods. You can ask the carrier to unpack the damaged shipment before it is taken over, and if you find that the goods have been damaged, you are not obliged to take them over from the carrier.

    1. Damage of the goods during transport by entrepreneurs. If you are an entrepreneur and the goods are to be delivered by a carrier, the risk of damage to the goods passes to you by handing over the goods to the carrier. If damage of the goods occurs after the risk of damage has passed, we are not liable for it and the damage of the goods does not affect your obligation to pay the price and the obligation to take over the goods. If the goods are delivered to you damaged, you are obliged to make a complaint immediately about the damage to the goods at the carrier.

    1. Packaging of the goods. Unless otherwise agreed, the goods will be packed in a manner suitable for their preservation and protection.

 

Right to withdraw from the contract

 

    1. Withdrawal from the contract in general. By withdrawing from the concluded contract, the contract is canceled from the beginning and the parties are obliged to return everything they provided based on the canceled contract. Withdrawal from the contract also cancels the gift contract, which depends on it. The right to withdraw from the contract may be exercised under the conditions set out in the terms and conditions or if so, provided by law.

    2. Our right to withdraw from the contract. We have the right to withdraw from the concluded contract any time from the day of concluding the contract until the moment you take over the goods for the following reasons:

 

      1. depletion of stocks of ordered goods,

      2. non-acceptance of goods upon delivery,

      3. misuse of the ordering system of our online store,

      4. providing incorrect data when ordering goods,

      5. ordering goods at a price significantly lower than the usual price, if the goods were offered at this price due to an error or mistake of our online store,

      6. others worthy of special attention.

 

    1. The consumer's legal right to withdraw from the contract. If you are a consumer, you have the right to withdraw from the concluded contract within 14 days from the day of

 

      1. acceptance of goods in terms of the purchase contract,

      2. acceptance of the last supply of goods in respect of a contract having as its object several types of goods or the supply of several parts,

      3. taking over the first delivery of goods in respect of a contract, having as its object the regular repeated delivery of goods,

      4. conclusion of a contract in respect of another contract.

 

    1. Impossibility of withdrawal from the contract. You do not have the right to withdraw from the contract with contracts:

 

      1. about the delivery of goods that have been modified according to your wishes or for your person,

      2. about the delivery of goods in a closed package, which has been removed from the package and for hygienic reasons it is not possible to return it,

      3. about the delivery of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,

      4. on the provision of services, if they have been fulfilled with your prior consent before the expiry of the withdrawal period,

      5. others, if the legislation orders so.

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