Terms and Conditions

General Terms and Conditions ("Terms") of SAILINBOOBS

These General Terms and Conditions ("Terms") of the company SAILINBOOBS, IČO: 23292415, Růžová 1035,Chrudim, 53701, email: sailinboobsmerch@gmail.com, phone: +420603478679 ("We" or "Seller"), govern in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising from or in connection with a purchase contract ("Contract") concluded through the e-shop on the website SAILINBOOBS.COM.

All information on the processing of your personal data is contained in the Privacy Policy, which you can find here...

The provisions of these Terms form an integral part of the Contract. The Contract and Terms are drawn up in the Czech language. We may unilaterally amend or supplement these Terms. This does not affect the rights and obligations that arose while previous versions of the Terms were in effect.

As you probably know, we primarily communicate remotely. Therefore, the Contract is concluded using remote communication tools via the e-shop interface ("web interface of the e-shop") without our and your physical presence.

If any part of the Terms contradicts what was mutually agreed during your purchase process on our e-shop, the individual agreement takes precedence over the Terms.

I. Some Definitions

  1. Price – The monetary amount you pay for the Goods.

  2. Shipping Price – The amount paid for delivery, including packaging.

  3. Total Price – The sum of the Price and Shipping Price.

  4. VAT – Value-added tax under applicable law.

  5. Invoice – A tax document issued in compliance with VAT law for the Total Price.

  6. Order – Your irrevocable offer to conclude a Contract with us.

  7. User Account – An account created with your details to store orders and contracts.

  8. You – The person buying through our e-shop (the "Buyer").

  9. Goods – Everything available for purchase on the e-shop.

II. General Provisions and Notices

  1. Goods can only be purchased through the e-shop's web interface.

  2. You are required to provide accurate and truthful information when purchasing. We will treat all submitted data as correct.

III. Contract Conclusion

  1. Contracts can only be concluded in Czech.

  2. The contract is concluded remotely via the e-shop. You bear the cost of using communication tools (e.g., internet access). We don’t charge extra fees beyond the Total Price.

  3. To conclude a Contract:

    • a) Select Goods by clicking "Add to cart."

    • b) Choose shipping, payment method, and delivery type.

    • c) Provide your name, address, phone, and email.

    • d) For recurring deliveries, specify duration.

  4. You can modify the order before submitting. Clicking "Order with obligation to pay" finalizes the order. Before this, you must confirm and agree to the Terms using a checkbox.

  5. We’ll confirm your Order via email with a summary and these Terms. The Contract is concluded when we confirm your Order.

  6. We may not confirm the Order if goods are unavailable or if you order more items than permitted. You’ll be informed beforehand if a quantity limit exists.

  7. If there’s a clear pricing error, we are not obligated to fulfill the order, even if confirmed. We’ll send a revised offer, and the contract is concluded only if you accept it.

  8. Once the Contract is concluded, you are obligated to pay the Total Price.

  9. If you use a User Account, you still must verify the correctness of pre-filled data.

  10. Discounts must be entered during the order in the designated field to be applied.

IV. User Account

  1. You can access a User Account by registering on the e-shop.

  2. You must provide truthful and updated information.

  3. Your login credentials must be kept confidential. We are not liable for misuse.

  4. The account is personal and cannot be shared.

  5. We may delete your account if it’s unused for over a month or if you violate the Terms.

  6. Account access may be temporarily unavailable due to maintenance.

V. Pricing, Payment, and Ownership

  1. The Price is listed in the e-shop, your Order, and the Contract. If there’s a difference, the Order price applies. Shipping cost or free-shipping conditions are also stated.

  2. The Total Price includes VAT and all applicable fees.

  3. Payment is required after the Contract is concluded and before delivery. You can pay by:

    • a) Bank transfer – Due within 1 day after order confirmation.

    • b) Online card payment – Via Shoptet Pay (conditions at shoptet.cz).

    • c) Cash on delivery – Pay when the goods are handed over.

    • d) Cash on personal pickup – Pay in person at our location.

  4. The invoice is issued electronically after payment and sent to your email. A printed copy will be included with the goods and in your account.

  5. Ownership transfers after full payment and delivery. For bank transfers, it's upon receipt in our account.

VI. Delivery of Goods and Risk Transfer

  1. Delivery methods:

    • a) Personal pickup by arrangement

    • b) Pickup at Zásilkovna points

    • c) Courier services: Czech Post, PPL CZ, DHL, Zásilkovna

  2. Delivery is only available within the Czech Republic.

  3. Delivery time depends on availability and selected method. Estimated delivery time is confirmed via email.

  4. Upon receiving the goods, you must check the packaging for damage. If damaged, report it immediately to both the courier and us. If tampered with, you are not required to accept the delivery.

  5. If you refuse to accept the goods without valid reason (per 6.4), it does not void the Contract. We may withdraw from the Contract, effective the day we notify you.

  6. If redelivery is required due to your fault, you will cover the additional costs. Payment instructions will be emailed and due in 14 days.

  7. Risk of damage transfers to you upon receipt. If you fail to receive the goods, risk transfers at the time you should have taken delivery.

 

 

 

8. If the Goods were not listed as in stock on the E-shop and an estimated availability period was stated, we will always inform you in the event of:

a) an extraordinary disruption in the production of the Goods, in which case we will always provide a new estimated availability date or inform you that the Goods cannot be delivered;

b) a delay in delivery of the Goods by Our supplier, in which case we will always provide a new estimated delivery date.

9. If we are unable to deliver the Goods to you within 30 days after the delivery period specified in the Order confirmation, for any reason, both you and we are entitled to withdraw from the Contract.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time the risk of damage to the Goods is transferred to you (pursuant to Article VI.7 of the Terms), the Goods are free from defects, in particular that:

a) they have the properties agreed with you, and if not expressly agreed, then such properties as we described in the product description or which can be reasonably expected based on the nature of the Goods;

b) they are suitable for the purposes we stated or for the usual purposes for such Goods;

c) they match the quality or workmanship of the agreed sample, if the quality or workmanship was determined according to a sample;

d) they are in the appropriate quantity and weight;

e) they meet legal requirements;

f) they are not encumbered by third-party rights.

2. The rights and obligations regarding defective performance are governed by applicable legal regulations (especially Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code, and Act No. 634/1992 Coll. on Consumer Protection, as amended).

3. If the Goods have a defect—particularly if any of the conditions in Article VII.1 are not fulfilled—you can notify Us and assert rights arising from defective performance (i.e., make a complaint) by sending an email or letter to the addresses listed in Our contact information. You may also use the sample complaint form we provide, which is Annex No. 1 of the Terms. When making a claim, you must choose how you want the defect resolved; this choice cannot be changed without Our consent, except in cases under Article 7.4. We will process your complaint in accordance with your chosen method. If you do not choose a resolution, you have the rights outlined in Article 7.5, even if the defective performance constituted a fundamental breach of the Contract.

4. If the defective performance constitutes a fundamental breach of the Contract, you have the right to:

a) remedy the defect by delivery of new, defect-free Goods or by delivery of missing parts;

b) remedy the defect by repair;

c) a reasonable discount on the Price;

d) withdraw from the Contract.

If you choose a) or b) and We do not remedy the defect within a reasonable time or tell you we will not remedy it this way, you then have the right to c) or d), even if you initially did not choose them. Similarly, if you choose repair and We find the defect is irreparable, we will inform you and you may choose another resolution method.

5. If the defective performance constitutes a non-fundamental breach of the Contract, you have the right to:

a) remedy the defect by delivery of new, defect-free Goods or missing parts;

b) remedy the defect by repair;

c) a reasonable discount on the Price.

However, if We do not remedy the defect in time or refuse to do so, you have the right to withdraw from the Contract. You may also withdraw if you cannot properly use the Goods due to repeated defects after repair or due to multiple defects.

6. In the case of both fundamental and non-fundamental breaches, you cannot withdraw from the Contract or request new delivery if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

a) the condition of the Goods changed due to inspection to identify the defect;

b) the Goods were used before the defect was discovered;

c) the inability to return the Goods in unchanged condition was not caused by your action or omission;

d) the Goods were sold, consumed, or modified during normal use before discovering the defect; if only partially, you must return the part that can be returned, and the corresponding portion of the Price will not be refunded.

7. Within 3 days of receiving your complaint, we will confirm receipt via email, stating when we received it and the expected time for resolution. We will process the complaint without undue delay, no later than 30 days after receipt. This period may be extended by mutual agreement. If the deadline passes without resolution, you may withdraw from the Contract.

8. We will inform you of the outcome of your complaint by email. If the complaint is valid, you are entitled to reimbursement of reasonable expenses incurred. You must prove these expenses, for example with receipts or transport cost confirmations. If the defect is remedied by delivery of new Goods, you must return the original Goods to Us, and We will cover the return shipping costs.

9. If you are a business customer, you must report and claim the defect without undue delay after discovering it, but no later than three days after receiving the Goods.

10. If you are a consumer, you have the right to assert claims for defects in consumer Goods within 24 months of receiving the Goods.

11. The provisions regarding defect claims do not apply to:

a) Goods sold at a lower Price due to a defect for which the discount was agreed;

b) wear and tear from normal use;

c) used Goods for defects corresponding to the level of use or wear they had at the time of receipt;

d) cases where it follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the ways stated in this article or other provisions of the Terms where withdrawal is expressly mentioned.

2. If you are a consumer (purchasing Goods outside the scope of business activity), you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving a reason within 14 days of receiving the Goods. If the Contract concerns several types or parts of Goods, the period starts upon delivery of the last item. If the Contract provides for regular deliveries, the period starts from the first delivery. You may withdraw by any demonstrable means (e.g., email or letter to our contact addresses). You may also use the sample withdrawal form (Annex No. 2 of the Terms).

3. As a consumer, you cannot withdraw from the Contract in the following cases:

a) Goods whose Price depends on market fluctuations beyond Our control during the withdrawal period;

b) delivery of alcoholic beverages deliverable after 30 days whose Price is subject to market fluctuations beyond Our control;

c) Goods customized to your wishes or for your person;

d) perishable Goods or those irreversibly mixed with others after delivery;

e) sealed Goods which were unsealed and cannot be returned for hygiene reasons;

f) delivery of audio/video recordings or software if the original seal is broken;

g) delivery of newspapers, periodicals, or magazines;

h) delivery of digital content not on a tangible medium, provided it was delivered with your prior express consent before the withdrawal period ended, and We informed you that you have no right to withdraw.

4. The withdrawal period under Article VIII.2 is considered met if you send your withdrawal notice during the period.

5. In the event of withdrawal, the Price will be refunded within 14 days of the effective withdrawal date to the account from which it was paid, or another account specified in the withdrawal. However, we are not obliged to refund until you return the Goods or prove you have sent them. Please return the Goods clean and, if possible, in the original packaging.

6. If you withdraw under Article VIII.2, you must return the Goods within 14 days and bear the cost of returning them. You are entitled to a refund of the delivery cost, but only up to the amount corresponding to the cheapest available delivery option we offered. If you withdraw because We breached the Contract, We will also cover the return shipping cost, again up to the cheapest delivery method we offered.

7. You are liable for damage if the Goods are damaged due to your handling in a manner inconsistent with their nature or properties. We will invoice you for this damage after receiving the returned Goods, and the invoice is due in 14 days. If we have not yet refunded the Price, we are entitled to offset the damage amount against your refund.

8. We may withdraw from the Contract at any time before delivering the Goods, if there are objective reasons making delivery impossible (especially third-party issues or the nature of the Goods), even before the deadline under Article VI.9. We may also withdraw if you intentionally provided incorrect information in the Order. If you purchase Goods as part of business activity, We may withdraw from the Contract at any time, without providing a reason.

 

IX. CONSUMER DISPUTE RESOLUTION

  1. We are not bound by any codes of conduct in relation to buyers as defined by Section 1826(1)(e) of the Civil Code.

  2. Consumer complaints are handled via the email address: sailinboobsmerch@gmail.com. We will send information about the resolution of the complaint to the buyer’s email address.

  3. For out-of-court settlement of consumer disputes arising from the Contract, the competent authority is the Czech Trade Inspection Authority (Česká obchodní inspekce), located at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz. The platform for online dispute resolution, located at http://ec.europa.eu/consumers/odr, may also be used for resolving disputes between the seller and the buyer who is a consumer from a purchase contract concluded through electronic means.

  4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

X. FINAL PROVISIONS

  1. If our legal relationship includes an international element (e.g., we ship goods outside the territory of the Czech Republic), the relationship shall always be governed by Czech law. However, if you are a consumer, this provision does not affect your rights under the legal regulations applicable to you.

  2. All written correspondence between us will be delivered via email. Our email address is listed in our company information. We will deliver correspondence to the email address you provided in the Contract, your User Account, or through which you contacted us.

  3. The Contract may only be amended by written agreement. However, we are entitled to change and supplement these Terms and Conditions, but such changes do not affect Contracts already concluded—only those concluded after the change becomes effective. We will inform you of such changes only if you have created a User Account (so you are aware in case you order new goods), or if we are to deliver goods to you regularly and repeatedly under the Contract. We will send this information to your email at least 14 days before the change takes effect. If we do not receive notice of termination of the ongoing Contract within 14 days of sending the information, the new terms become part of the Contract and will apply to the next delivery of goods after the change becomes effective. If you terminate the Contract, the notice period is two months.

  4. In the case of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational failures, supplier outages, etc.), we are not liable for damages resulting from or related to such force majeure. If the force majeure lasts for more than 10 days, both you and we have the right to withdraw from the Contract.

  5. Attached to the Terms and Conditions is a sample complaint form and a sample withdrawal form.

  6. The Contract, including the Terms and Conditions, is archived electronically by us but is not accessible to you. However, you will always receive the Terms and Conditions and a confirmation of your Order summarizing it via email, so you will have access to the Contract without our assistance. We recommend saving both the Order confirmation and the Terms and Conditions.

  7. These Terms and Conditions become effective on January 1, 2024.

ANNEX 1 – COMPLAINT FORM

Recipient:

Complaint Submission

Date of Contract conclusion:

Full name:

Address:

Email address:

Goods being complained about:

Description of the defect(s):

Proposed method of complaint resolution, or provide your bank account number for a refund:

I also request confirmation of the complaint submission, stating when I exercised this right, the content of the complaint, my demand, including the date and manner of its resolution.

Date:
Signature:

ANNEX 2 – WITHDRAWAL FROM CONTRACT FORM

Recipient:

I hereby declare that I withdraw from the Contract:

Date of Contract conclusion:

Full name:

Address:

Email address:

Specification of goods covered by the Contract:

Preferred method for refund, or provide your bank account number:

If the buyer is a consumer and ordered goods through the Sailinboobs company’s e-shop or another means of remote communication (excluding exceptions under § 1837 of Act No. 89/2012 Coll., Civil Code, as amended), they have the right to withdraw from the concluded purchase contract within 14 days of receiving the goods, without stating any reason and without any penalty. The buyer shall notify the company in writing at the company’s address or electronically via the email provided in the sample form.

If the consumer withdraws from the contract, they must send or return the goods to the company without undue delay, no later than 14 days from the withdrawal.

If the consumer withdraws from the contract, the company will refund without undue delay—no later than 14 days from the withdrawal—all monetary amounts received (including delivery costs), using the same payment method. If the buyer chose a delivery method other than the cheapest one offered, the company will only refund an amount equal to the cost of the cheapest delivery option. The company is not obliged to refund the money before receiving the returned goods or proof that the goods were sent.

Date:
Signature: