Business conditions

Business Terms and Condition

 

          I.General Provisions

  1.These general trading conditions (hereinafter the “Business Conditions”) are in accordance with paragraph 1751 et seq. of the Act No. 89/2012            Coll., Civil Code (hereinafter the “Civil Code”) 

• SIZE s. r. o.
• IČ: 54298024
• DIČ: 2121629884
• Registered office: Betliarska 22, 851 07 Bratislava, Slovakia
• Case R: 8/RE/68/2022
• Email: info@no-size.com
• Phone: +421 944 419 325
• www.no-size.com

 

(hereinafter the “Seller”)

2. These Business Conditions define and clarify rights and obligations of the Seller and a physical person that is concluding purchase contract outside of their business activity as customer, or within the scope of their business activity (hereinafter the “Buyer”) through web-based interface available on web page available on internet address https://www.no-size.com/ (hereinafter the “Internet Shop”). 

3. Provisions of Business Conditions are integral part of the purchase contract. Differentiating agreements in purchase contract have priority over these Business Conditions.

4. These Business Conditions and purchase contract are concluded in Czech.

        II.Information about products and prices

1. Information about products, including prices of individual products and its main description are stated with the individual product in catalogue of the Internet Shop. Prices of products are stated, including the value added tax, all related charges and costs for returning of the products, unless these products on their principle are unable for return by general postal service. Prices of products stay applicable during the period of when they are shown on the Internet Shop. This provision does not exclude concluding of purchase contract on individually agreed conditions.

2. All presentation of products placed in catalogue of the Internet Shop is of informative character and the Seller is not obliged to conclude purchase contract concerning these products.

3. Information about costs related to packaging and distribution of products is available on the Internet Shop. Information about costs related to packaging and distribution of products available on the Internet Shop is applicable only in cases, in which the products are delivered within regions of Czech Republic.

4. Possible deductions from purchasing price of products cannot be combined, unless agreed differently between the Seller and the Buyer.

      III. Order and conclusion of purchase contract1

1. Costs acquired by the Buyer during using of communication means for distance in relation with conclusion of purchase contract (costs for internet connection, costs for phone calls) are paid by the Buyer alone. These costs are no different from general tariff. 

2. The Buyer is ordering products in the following manners:

•  Through their own customer account, if they previously registered in the Internet Shop,
• Filling out ordering form without registration.

3. When ordering, the Buyer chooses the products, the amount of the products, means of purchasing and delivery. 

4.  Before sending the order, it is allowed for the Buyer to review and change details, which were put in the order. The order is sent by to the Seller to the Buyer by clicking on tab “buy”. Details included in the order are considered by the Seller as true. The condition for legitimacy of the order is filling out all the required details in the ordering form and confirmation from the Buyer, that they have been made aware of these Business Conditions. 

5. As soon as the order is received, the Seller sends to the Buyer confirmation of receiving of the order to their email address, which the Buyer filled out during ordering. This confirmation is automatic and is not considered as concluding purchase contract. Annex of this confirmation are the Seller’s current Business Condition Purchase contract is concluded only after accepting the order by the Seller. Notice about the acceptance of the order si delivered to the Buyer’s email address. /  As soon as the order is received, the Seller sends to the Buyer confirmation of receiving of the order to their email address, which the Buyer filled out during ordering. This confirmation is considered as concluding contract. Annex of this confirmation are the Seller’s current Business Conditions. Purchase contract is concluded by confirming of the order by the Seller on email address of the Buyer. 

6. In case that the Seller is unable to carry out any of the requirements stated in the order, the Seller will send to the Buyer’s email address amended proposal. Amended proposal is considered as new draft of purchase contract and the purchase contract is in this case concluded by the Buyer’s confirmation of accepting of this proposal to the Seller to their email address stated in these Business Conditions.

7. All orders accepted by the Seller are obligatory. The Buyer can cancel order until the Buyer receives the Seller’s notice of acceptance of the order. The Buyer can cancel order by phone on the phone number or email of the Seller stated in these Business Conditions.

8. In case of obvious technical error on the Seller’s side when stating the product prices on the Internet Shop, or during ordering, the Seller is not obliged to deliver the products to the Buyer by the obvious faulty price even in case, that the Buyer received automatic confirmation of receiving the order by these Business Conditions. The Seller will inform the Buyer of the error without any delay and will send to the Buyer to their email address amended proposition. Amended proposition is considered as new draft of purchase contract and the purchase contract is concluded in that case by the Buyer confirming the acceptance to email address of the Seller.

 

        IV.Customer account

1. Based on registration of the Buyer concluded on the Internet Shop, can the Buyer access their customer account. The Buyer can order products from their customer account. The Buyer can also order products without registration.
2. During registration to their customer account and during ordering of products, the Buyer is obliged to fill in all details correctly and truthfully. The Buyer is obliged to update all details stated in their customer account if any change occurs. All details stated by the Buyer in their customer account and during ordering of products are considered by the Seller as correct. 
3. Access to the customer account is protected by username and password. The Buyer is obliged to remain silent concerning information necessary for access to their customer account. The Seller is not responsible for any misuse of the customer account by third parties. 
4. The Buyer is not authorized to allow use of customer account to third parties. 
5. The Seller can cancel customer account, and especially, if the Buyer does not user their customer account for prolong period, or in case, if the Buyer breaks their obligations concluded in purchase contract or these Business Conditions.
6. The Buyer acknowledges that the customer account, might not be available always, and especially with regards necessary hardware and software maintenance of the Seller, additionally, necessary hardware and software maintenance of third parties.

         V.Payment conditions and delivery of products

1. The price of products and costs related with delivery of products based on purchase contract can be paid by the Buyer in the following manners:

• Cashless payment card
• Cashless transfer to the Seller’s account through payment portal GoPay

2. Together with purchase price, the Buyer is obliged to pay costs related with packaging and delivery of good in concluded amount to the Seller. Unless specifically stated otherwise, “Purchase Price” defines purchase price and costs related with delivery of products. 

3. In case of payment by cash, the Purchase Price is settled when receiving the products. In case of cashless payment, the Purchase price is due up to 30 days of concluding the purchase contract.

4. In case of payment through payment portal, the Buyer follows the instructions corresponding provider of electronic payments. [S16]

5. In case of cashless payment, the responsibility of the Buyer to settle Purchase Price finalised in the instant the corresponding amount is received on the Seller’s bank account.  

6. The Seller is not requiring from the Buyer to pay any deposit or other equivalent payment. Settlement of Purchase Price before sending out the products is not deposit.

7. By the law of revenue evidence, the Seller is obliged to provide purchase bill. Simultaneously, the Seller is obliged to record received revenue in online governor of taxes, in case of technical outage, no later than 48 hours.

8. The products are delivered to the Buyer” 

• To the address chosen by the Buyer in order
• Through expenditure of parcels to the address of expenditure place chosen by the Buyer
• In person pick up in business of the Seller

9. Selection of delivery means is concluding during ordering of products.

10. Costs for delivery of products in relation with means of distribution and collection of products are stated in the Buyer’s order and the Seller’s confirmation of order. In case, the delivery means are concluded on special request of the Buyer, the Buyer is carrying purchasing risk and eventually additional costs related with this selection of distribution. 

11. If the Seller is obliged, based on purchase contract, to deliver the products to place chosen by the Buyer in the order, the Buyer is obliged to pick the products when delivered. In case it is necessary to deliver the products for any reasons from the Buyer’s side repeatedly or by different means than stated in the order, the Buyers is obliged to settle costs related with repeated delivery of products, or respectively costs related with different means of delivery.

12. During pick up of the products from the carrier, the Buyer is obliged to review the integrity of product packaging, and in case of any defects to immediately inform the carrier. In case of confirmed damage to the packaging testifying unlawful intrusion into the parcel, the Buyer is not obliged to take over the parcel from the carrier. 

13. The Seller will provide to the Seller the tax bill – invoice. Tax bill is sent to the Seller’s email address./Tax bill is enclosed with delivered products.

14. The Buyer obtains owner’s right for products by settling the full amount of Purchase Price, including the costs for delivery, however at the earliest when taking over the products. Obligation for accidental destruction, damage or loss of products is transferred on the Buyer, in the moment of taking over the products or in the moment the Buyer was obliged to pick up the products, but due to conflict with purchase contract they did not do so.

       VI.Contract Termination

1. The Buyer that concluded purchase contract outside of their business activity as consumer has the right to terminate the contract. 

2. Period for termination of contract amounts to 14 calendar days, with products bought during discount, the period for termination of contract amounts to 7 calendar days

• From the day of receiving products,
• From the day or receiving the last delivery of products, if contract includes several types of products or delivery of several parts,
• From the day of receiving the first delivery of products, if contract includes repeated delivery of products.

3. The Buyer is unable, among others, to terminate contract: 

• Providing services, if they were fulfilled with their prior explicit consensus before the period for termination of contract has expired and the Seller has informed the Buyer, before concluding the contract, that in such case, the Buyer does not have the right to terminate contract,
• Of delivery of products or services, which price is dependent on variations of financial market independently of the Seller’s will which can occur during the period for termination of contract,
• Of delivery of alcoholic beverages, which can be delivered only after passing of thirty days and which price is dependent on variations of financial market independently of the Seller’s will,
• Of delivery of products, which have been altered on the Buyer’s or their person’s demand,
• Of delivery of products, which succumb to fast spoilage, and products, that have been mixed with other products after the delivery, 
• Delivery of products in enclosed packaging, which has been taken out and due to hygienic reasons is not acceptable for return,
• Delivery of audio or visual recording, or computer program, if the original packaging has been damaged,
• Delivery of newspaper, periodicals or magazines,
• Delivery of digital content, if it was not delivered on physical carrier and it has been delivered with prior explicit consensus of the Buyer before expiration of the period for termination of contract and the Seller has informed the Buyer, before concluding the contract, that in such case, the Buyer does not have the right to terminate contract,
• In other cases stated in Art. 1837 of Civil Code.

4. For compliance of the period for termination of contract, the Buyer must send declaration of termination during the period for termination of contract.

5. For termination of purchase contract, the Buyer can use sample form for termination of contract provided by the Seller. The Buyer sends the termination of purchase contract to the Seller’s email address or business address stated in these Business Conditions. The Seller will confirm to the Buyer the receival of form without any delay.

6. The Buyer that terminated contract, is obliged to return products to the Seller, no later than 14 calendar days from the day of contract termination. The Buyer is responsible for all costs related to the return of products to the Buyer, and also in such case, if the products cannot be returned via general postal services due to its nature.

7. If the Buyer terminates contract, the Seller will refund without any delay, no later than 14 calendar days from the contract termination all financial means received from the Buyer and in the same manner. The Seller will refund the received financial means in different manner, only if the Buyer agrees and if it will not cause additional costs for the Seller.

8.The Seller does not refund financial means for delivery.

9. If the Buyer terminates contract, the Seller is not obliged to refund received financial means to the Buyer before the Buyer sells the products or proves that the products have been sent out.

10. The Buyer must return to the Seller undamaged, unused and unpolluted, unstained from make-up or impaired by perfume or any other perfumes or sprays and if possible, in original packaging. The Seller has the right to unilaterally include the right for compensation of created damage on products against the Buyer’s right for returning of Purchase Price.

11. The Seller has the right to terminate purchase contract due to sellout of stocks, unavailability of products or if manufacturer, carrier or distributor or products stopped manufacture or distribution of products. The Seller will inform the Seller ado on their email address stated in order and refund all financial means including the costs for delivery which have been received based on contract within 14 calendar days from informing about contract termination, and in the same manner, prospectively by manner chosen by the Buyer.

12. Products can be returned only by carrier companies PPL, DPD, Zásilkovna/Packeta, GLS, SPS and to branch delivery address: SIZE s. r. o. Metodova 1, Bratislava, 821 02, Slovensko

        VII.Rights of faulty execution

1. The Seller confirms to the Buyer that the products do not have any faults during take over. Above all, the Seller confirms to the Seller, that during when the Buyer takes over products:

• Products have attributes that were agreed between both parties, and if agreement is missing, products have attributes which the Seller or manufacturer stated or attributes which the Buyer was expecting considering the nature of products and based on the made advertisement,
• Products are suitable for purposes which are stated by the Seller or for purposes which are common for this type of products,
• Products match quality or rendition of contracted samples or models, if quality or rendition has been chosen by contracted sample or model,
• Products are in corresponding amounts, measurements or weight and products conforms the relevant requirements of the legislation

2. The Seller’s obligations from faulty execution are at least in such extension, to the measures of the manufacturer’s obligations. Otherwise, the Buyer can rightfully execute their rights from faults which occurred in consuming products within twenty four months since retrieving it.

3. If selling products, its packaging, its enclosed instructions or in advertisement in accordance with other legislations states period during which products can be used, provisions for warranty of quality are used. With the warranty of quality, the Seller pledges that products will be eligible for general use or will remain general characteristics for determined period. If the Seller rightfully rebukes to the Buyer faultiness of products, the period for exercise of rights of faulty execution neither warranty period until which the Buyer cannot use the faulty products is not applicable.

4. Provisions stated in previous paragraph of Business Conditions does not apply on products that are sold for lower price for damage, for which the lower price was concluded, on wear on products acquired during general use, on used products for damage corresponding the extent of use or wear which products had during retrieval by the Buyer, or from the implied nature of products. Rights of faulty execution does not pertain to the Buyer if they knew prior retrieval of products, that the products have faults or if the fault was caused solely by the Buyer.

5. In case of discovering faults, the Buyer can submit objection and claim: 

• Exchange for new products
• Repair of products
• Fair discount from Purchase Price
• Termination of contract

6. The Buyer has right to terminate contract:

• If products have significant fault
• If products cannot be properly used due to repeated discovery of faults or faults after repair
• If products have higher amount of faults

7. Substantial violation of contract is defined as if one side during concluding of contract was knowingly or unknowingly violating the contract, resulting that the other side would not conclude the contract if they were expecting this violation.

8. With fault that mean irrelevant violation of contract (regardless of if it is removable or unremovable fault), the Buyer has right for removing of the fault or fair discount from Purchase Price.

9. If removable fault is discovered after repeated repair (generally third objection for the same fault or fourth objection for different faults) or products have higher number of faults (ordinarily at least 3 faults at the same time), the Buyer has right to claim discount from the Purchase Price, exchange of products or termination of contract.

10. During objection claim, the Buyer is obliged to inform the Seller of which right they are exercising. Change of claim without approval of the Seller is possible only if the Buyer requested repair of fault which has been discovered to be unremovable. If the Buyer does not choose their right of substantial contract violation in time, the Buyer has the same rights as if during irrelevant contract violation.

11. If repair or exchange of products is not possible, based on contract termination, the Buyer can claim refund of Purchase Price in full amount.

12. If the Seller proves that the Buyer knew of product fault or has caused it during retrieval of products, the Seller is not obliged to agree with the Buyer’s claim. 

13. The Buyer is unable to return discounted products due to reasons for which they were discounted.

14. The Seller is obliged to receive objection in any branch, in which the objection receival is possible, prospectively even at residency or business address. The Seller is obliged to provide written confirmation to the Buyer, when the Buyer claimed the right which is the content of objection and which solution of objection the Buyer has chosen, also confirmation of date and means of resolving the objection, including confirmation of executed delivery and its duration, prospectively written justification of declining the objection.

15. The Seller or by them authorized employee will decide of the objection immediately, in complex cases up to 3 business days. Befitting period necessary for professional investigation of faults depending on the type of product or service is not included in this period. Objection including removal of fault must be resolved without any delay, no longer than 14 days since assertion of objection, unless the Buyer and the Seller has agreed on longer period. Vain expiry of this period is considered substantial violation of contract and the Buyer has the right to terminate the purchasing contract. The moment for objection assertion is defined as soon as the Buyer exhibits will (exercise of rights from faulty execution) towards the Seller.

16. The Seller will inform the Buyer about the result of the objection by written communication.

17. The right of faulty execution does not pertain to the Buyer, if the Buyer prior the retrieval of products knew that the product has faults or if the Buyer has solely caused the faults.

18. In case of rightful objection, the Buyer has the right for recompensation of objectively spent costs created with relations of exercising objection. This right can be exercised by the Buyer with the Seller during one month period after expiry of warranty period, in opposite case, the court does not need to admit.

19. The Seller has the option for means of objection.

20. Rights and obligations contracted parties concerning rights of faulty execution follow paragraph 1914 to 1925, paragraph 2099 to 2117 and paragraph 2161 to 2174 of Civil Code and Law no. 634/1992 Coll., of protection of consumer.

21. Other rights and obligations of parties relating with responsibilities of the Seller for faults are regulated by objection order of the Seller.

        VIII.Delivery

1. Contractual parties can deliver all written correspondence between each other via electronic mail.

2. The Buyer delivers correspondence to the Seller’s email address stated in these Business Conditions. The Seller delivers correspondence to the Buyer’s email address stated in their customer account or in order.

        IX.Personal Data

1. All information which is stated during our collaboration are confidential and we will work them as such. Unless written consent is not provided, your details will not be used in other manners than for purposes of concluding contracts, besides email address, to which you can receive business notices, for this policy is allowed by law, unless declined by you. These notices can be regarding only of business or related products and can be opted out by easy means (sending a letter, email or clicking on link in business notice) at any point. Email address will be maintained for these purposes for period of 3 years since concluding the last contract between contractual parties 

2. Detailed information about protection of personal data can be found (link na conditions for protection of personal data)

 

        X.Out-of-court settlements of dispute

1. For out-of-court settlement of consumer disputes from purchase contract is competent Czech Trade Inspection Authority, with residency at Štěpánska 576/15, 120 00 Praha 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs. Platform for settling disputes online found at internet address: https://ec.europa.eu/consumers/odr is available for settling disputes between the Seller and the Buyer of purchase contract. 

2.  European Consumer Centre Czech Republic, with residency at Štěpánska 567/15, 120 00 Praha 2, internet address: https://evropskyspotrebitel.cz is contact point stated by Regulations of European Parliament and Council (EU) no. 524/2013 since May 21. 2023 about settlement of consumer disputes online and of change of regulations (ES) no. 2006/2004 and directive 2009/22/ES (regulation of settlement of consumer disputes online).

3. The Seller is authorised to sell products based on artisanal permit. Artisanal inspections is handled within the jurisdiction of appropriate artisanal court. Czech Trade Inspection Authority handles with limited extent, beside other, supervision of complying with Law no. 634/1992 Coll., of protection of consumer.

        XI.Closing provisions

1. All agreements between the Seller and the Buyer follows law court of Czech Republic. If relation concluded by purchase contract includes international element, then both parties conclude that the relation follows law of Czech Republic. With this, rights of consumer implied from generally binding legislation are not finished.

2. The Seller is not in relation with the Buyer bound by any codices of conduct within intentions of provision paragraph 1826 sect. 1 letter e) of Civil Code.

3. All rights to the Seller’s web pages, especially copyright to content, including design of pages, photos, films, graphics, trademarks, logo and other content and elements belong to the Seller. It is prohibited to copy, alter or use web pages or their sections in different manner without permit of the Seller.

4. The Seller does not claim the liability of faults created from consequences of third-party interventions in the Internet Shop or from consequences of its usage in contrary of its stipulation. The Buyer is prohibited to use practices on the Internet Shop that could have negative effect on its operation and is prohibited to engage in any activity that could allow them or third parties to illegally intervene or illegally use program equipment or other parts forming the Internet Shop and use the Internet Shop or its parts or software equipment in ways which are in contrary of its stipulation.

5. The Seller is, with this,  taking over on themselves the risk of change in circumstances within intentions of paragraph 1765 sect. 2 of Civil Code. 

6. Purchase contract, including the Business Conditions is archived by the Seller in electronic form and it not available.

7. Statements in Business Conditions can be altered or appended by the Seller. with this provision, rights and obligations created during the effectiveness of previous version of the Business Conditions are not finished.

8. Appendix of the Business Conditions is a model form for termination of contract.

 

These Business Conditions are taking effect from 01.03.2022