Terms and Conditions

Shop operator: Faramugo s.r.o.

Company Headquarters: Stráň 6, 763 26 Luhačovice

VAT: 05671477

Registered: Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 97086

E-mail: info@faramugo.cz

1. General provisions

These General Terms and Conditions of Business (hereinafter referred to as GTC) apply to purchases in the online shop https://e-shop.faramugo.cz/, operated by Faramugo s.r.o., ID No.: 05671477, with registered office at Stráň 6, 763 26 Luhačovice, registered office at the address of the company. in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 97086.  in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 97086 (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer").

All contractual relations are concluded in accordance with the law of the Czech Republic. By placing an order, the Buyer confirms that he/she has read these Terms and Conditions, of which the Complaints Procedure forms an integral part, and that he/she agrees to them. The Buyer shall be sufficiently notified of these terms and conditions and shall have the opportunity to acquaint himself with them before the actual execution of the order.

In addition to operating an online shop, we are a manufacturing and sewing company. We offer products under our own brand, whether for retail stores, eshops, companies, sports clubs and ski areas or individuals. We offer products individually tailored to customer requirements. Delivery and payment conditions may differ from the goods normally sold in the online shop.

 1.

The Seller is Faramugo s.r.o., ID:05671477, registered office Stráň 6, 763 26 Luhačovice, registered office no. in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 97086. The address for electronic mail delivery is info@faramugo.cz.

2. Buyer

The buyer is a consumer or an entrepreneur.

A consumer is a natural person who, when concluding and executing a purchase contract with the Seller, is not acting within the scope of his/her trade or other business activity or within the scope of independent exercise of his/her profession. The Consumer, when initiating business relations, shall only provide the Seller with his contact details necessary for the smooth execution of the order, or the details he wishes to have on the purchase documents.

Legal relations of the Seller with the Consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended, as well as related regulations.

An entrepreneur means a person registered in the Commercial Register, a person who operates a business on the basis of a trade licence.

The legal relations of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Contract between the Seller and the Buyer shall be governed by the relevant provisions of the Act No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. The Seller's individual Contract with the Buyer is superior to the Terms and Conditions.

3. Consumer Contract

Purchase contract, contract for work, or other contracts under the Civil Code, if the contracting parties are on the one hand the consumer and on the other hand the supplier or the Seller.

 2. Protection and processing of personal data
Set out in a separate article.

 3. Order and conclusion of the contract

The Buyer is entitled to order goods from the Seller through the ordering system of the e-shop, by e-mail or by phone.

The proposal for the conclusion of a purchase contract is the placement of the offered goods by the Seller on the site, the purchase contract is formed by sending the order, or by telephone order of the Buyer and acceptance of the order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by an informative email to the specified email, but this confirmation does not affect the formation of the contract. The resulting contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on the basis of legal grounds.

Certain types of goods must be ordered from the supplier for capacity and economic reasons.

The Buyer can obtain information about the above in the product details or from the Seller. In this case, the Buyer is obliged to pay the Seller a deposit of 10% of the selling price of the goods before ordering the goods from the supplier. The Seller is obliged to order the goods from the Supplier only at the moment of payment of the full amount of the deposit by the Buyer. For the payment of the deposit, the Seller accepts the payment terms set out in Section 4 of these GTC. Payment shall be made in advance by bank transfer. The deposit is refundable only if the Seller is unable to ensure delivery of the goods to the Buyer.

 4. Price and payment

The offer and prices quoted on the Seller's online shop are contractual, final, always up-to-date and valid for the period of time they are offered by the Seller in the online shop. Shipping costs are specified in the section "Delivery time and delivery conditions". The costs of using remote means of communication shall be borne by the Buyer. The final calculated price after filling in the order form is already indicated including the shipping costs. The price stated for the goods at the time of ordering by the Buyer shall apply as the price at the conclusion of the contract between the Seller and the Buyer. The tax document based on the purchase contract between the Seller and the Buyer also serves as the delivery note. The Buyer can only take over the goods after full payment, unless otherwise agreed.

Wholesale price lists for larger corporate customers are sent by e-mail.

In the event that the Buyer makes payment and the Seller is subsequently unable to arrange delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The time limit for the return of the spent funds depends on the chosen method of return, but shall not exceed 14 days from the moment when this impossibility arose.

The goods shall remain the property of the Seller until full payment.

The Seller accepts the following payment terms:

  Payment in advance by bank transfer

  Payment by card through the payment gateway of ComGate Payments, a.s., Gočárova třída 1754 / 48b, Hradec Králové, E-mail: platby-podpora@comgate.cz, Tel: +420 228 224 267.

Basic description. You enter your card details. You will receive an SMS from your bank regarding payment verification, you will send back the code. You will receive a confirmation of successful payment.

  Invoice payment (for regular customers)

The due date for payment by invoice is 14 days from the date of issue, unless otherwise agreed by the parties, and the Buyer is obliged to pay the amount so that on the due date of the invoice it is already credited to the Seller's account, otherwise the Buyer will be in default.

 5. Delivery period and delivery conditions

The Seller shall fulfil delivery of the goods by handing over the goods to the Buyer or by handing over the goods to the first carrier, whereby the risk of damage to the goods shall also pass to the Buyer. We will advise the availability of the product on request. The delivery time is dependent on the availability of the product, payment terms and delivery conditions, and is a maximum of 30 days. In normal cases, we will dispatch the goods within 5 working days of payment of the full purchase price. The final delivery date is always indicated in the email confirming the order. For products made to customer requirements, the delivery time is by agreement. The Buyer will receive a tax document/invoice together with the shipment.

The delivery period starts on the date of valid conclusion of the purchase contract according to Article 3 of these GTC for goods to be paid by the Buyer upon receipt, i.e. on delivery. In case the Buyer has chosen a payment option other than payment of the goods upon receipt, the delivery period starts only from the full payment of the purchase price, i.e. from the crediting of the relevant amount to the Seller's account.

The Seller accepts the following delivery terms (prices incl. VAT):
Within the EU we send via PPL, DPD, Packeta
Up to the value of € 100,- to the dispatch boxes € 6,-
Up to the value of € 250,- to the specified address € 8,- 
You do not pay shipping from 100,- € to the dispatch boxes
You do not pay shipping from a value of € 250,- to the specified address

In the case of exchange of goods within 14 days of purchase, the Buyer is charged for the cost of transport, each time the gods are sent to the Buyer. In case of return of the goods by the Buyer to the Seller within 14 days, the Buyer shall pay the shipping costs.

6. Warranty and service

The warranty period for the sale of consumer goods is 24 months. For Faramugo's own products we provide an extended warranty period of 36 months. If a time limit for the use of the item is marked on the item sold, its packaging or the instructions attached to it in accordance with special legislation, the warranty period expires on the expiry of this time limit.

The warranty does not cover wear and tear caused by normal use. In the case of goods sold at a lower price, the guarantee does not cover defects for which the lower price was agreed. In the case of second-hand goods, the seller shall not be liable for defects corresponding to the degree of use or wear and tear which the goods had when they were taken over by the buyer.

In order to claim warranty repair, it is necessary to present the purchase document (receipt, invoice). In case of sending the goods to the Seller, it is necessary to pack the goods for transport in such a way that they are not damaged during transport.

The Seller provides the Buyers with after-warranty service. In the case of sending the goods to the Seller, the goods must be packed for transport in such a way as to prevent damage during transport. The repaired goods will be sent to the Buyer according to the above mentioned delivery conditions, while the price of the repaired goods will be added to the shipping costs according to the delivery conditions.

 7. Complaints Procedure

In the event that a defect occurs during the warranty period, the Buyer shall, depending on the nature of the defect, have the following rights in exercising the warranty:

In case of a removable defect:

a) the right to free, proper and timely rectification of the defect

b) the right to replacement of the defective goods or defective component, unless this is disproportionate to the nature of the defect

c) in the event that the procedures referred to in a) and b) above are not possible, the right to a reasonable discount on the purchase price or to withdraw from the contract

If the Buyer is unable to use the item properly due to the recurrence of the defect after repair (3 times claimed for the same defect) or due to a greater number of defects in total, the right to replacement of the defective goods or withdrawal from the purchase contract.

 In case of irremediable defects:

(a) the right to have the defective goods replaced

(b) the right to a reasonable discount on the purchase price

(c) withdrawal from the purchase contract

Complaints can be filed with the Seller, at the registered office of the company.

Complaints do not apply in the following cases:

(a) if the defect or damage has been caused by proven improper use, contrary to the instructions for use or other improper conduct of the Buyer proven tampering with the goods

b) for defects caused by normal wear and tear of consumer goods with a specified period of use under special legislation, if such a claim is made

 Claims are dealt with individually, in accordance with the applicable legal regulations. That is, within 30 days of receipt of the claimed goods. Refunds will be made within 14 days from the date we receive the product claimed. This is to the account of the Buyer. The warranty cannot be applied to wear and tear caused by normal or improper use of the product, poor storage or care. In the case of production and customization (goods according to your wishes, including catalogue goods with adjustments in colour, size and other differences from the standard), withdrawal from the concluded contract is no longer possible according to § 1837 of the Civil Code. This is the case even if the customer of the product is a final consumer (natural person) who does not act in the course of concluding or performing a contract in the course of a trade or business. According to point (d), the supply of goods which have been adapted to the consumer's wishes or for his/her own use.

No consumer rights may be exercised in respect of gifts which are provided free of charge. These goods comply with the terms of the Gift Agreement and all standards under the applicable legislation of the Czech Republic.

8. Withdrawal from the Contract
Due to the nature of the conclusion of the purchase contract via distance communication, the Buyer, who is a consumer, has the right to withdraw from this Contract without any penalty within 14 days of receipt of the goods or the last part thereof. In addition, the Buyer who is a consumer has the right to withdraw from the contract in accordance with Article 53(7) and (8) of Act No. 40/164 Coll., Civil Code, as amended. The above does not apply to a Buyer who is an entrepreneur and concludes a purchase contract in connection with his business activity. In the event of the aforementioned withdrawal from the contract, the Seller shall send the amount according to the purchase price to the Buyer's bank account, which the Buyer shall communicate to the Seller for this purpose.

The buyer cannot, inter alia, withdraw from the purchase contract:
- the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
- the supply of goods or services the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
- the delivery of goods which have been adapted to the wishes of or for the buyer,
- in the other cases referred to in Article 1837 of the Civil Code.

In order to comply with the withdrawal period, the Buyer must send us a withdrawal statement within the withdrawal period. The withdrawal period under Article 2 of the Terms and Conditions is deemed to be complied with if you send us a notice that you are withdrawing from the Contract during the withdrawal period.
To withdraw from the Contract, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the Purchase Contract to the email or delivery address of the Seller set out in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
The Buyer who has withdrawn from the Contract shall return the Goods to the Seller within 14 days of withdrawal. The Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

If the Buyer withdraws from the contract, the Seller shall reimburse the Buyer immediately, but no later than 14 days after withdrawal, all monies, including delivery costs, received from the Buyer in the same manner. The seller shall only return the funds received to the buyer in another way if the buyer agrees to this and if no additional costs are incurred.
If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in an amount equivalent to the cheapest method of delivery offered.
If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before the buyer has handed over the goods to the seller or proved that he has sent the goods to the seller.
The Buyer must return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. You shall be liable for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that which is necessary to familiarise you with the nature, characteristics and functionality of the Goods, i.e. in the manner in which you would familiarise yourself with the Goods in a bricks and mortar shop.

The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the contract within 14 days of notification of withdrawal from the contract, in the same manner or in the manner specified by the Buyer.
Furthermore, we are entitled to withdraw from the Contract at any time before we deliver the goods to you if there are objective reasons why the goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the goods). We may also withdraw from the Contract if it is apparent that you have deliberately provided incorrect information in your order. If you are purchasing goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
If a gift is given to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the Goods.
The Seller has the right to withdraw from the contract if the Buyer fails to pay the full amount of the purchase price within 30 days from the date of conclusion of the purchase contract.

 9. Out-of-court settlement of consumer disputes

Pursuant to the provisions of § 1820 (1) (j) of the Civil Code and § 14 (1) and § 20d et seq. of Act No. 634/1992, on consumer protection, the Seller informs that the consumer may apply for out-of-court settlement of a consumer dispute to the consumer dispute resolution body, which is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, on the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes under the conditions laid down in the relevant legislation. For the avoidance of doubt, nothing in these terms and conditions excludes the possibility for consumers to bring their claims before a civil court.

The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

The customer has the possibility to resolve any dispute in this way. That is to say, other than the classical court procedure. An employee of the Czech Trade Inspection Authority and other specialized bodies will lead the parties to settle the dispute as an independent mediator. He or she will assist with advice and opinion, but will not decide on the dispute. The outcome of the proceedings will be the conclusion of a private law agreement between the parties. Only the consumer may file a dispute resolution application within 1 year from the date he/she contacted the other party to resolve the dispute. The procedure is free of charge and the parties are responsible for their own costs. The seller will comment on the application within 15 days if he will participate in the procedure. It should be concluded within 90 days in most cases.

In the case of sales outside the Czech Republic, we are governed by Czech law.
These GTC are valid and effective as of January 1, 2019. Seller has the right to change them at any time. The GTC will cease to be valid and effective on the date of the change, when the amended GTC will become effective.