General terms of business of Bespoken.cz s.r.o.
effective as of 1 March 2019
- These are the general terms of business, which govern your purchases in online store bespkn.com.
- We are not big fans of stars, footnotes or small letters. Therefore, we list all terms and conditions in clear, brief and straightforward manner.
- First of all, let’s make it clear who is who. By way of introduction, if these general terms of business refer to “us” (or if they state “we”), it shall mean company Bespoken.cz s.r.o., with its registered seat at Nove sady 988/2, Stare Brno, 602 00 Brno, Czech Republic, Identification Number: 077 04 151, registered with the regional court in Brno, under file no. C 109348. If these general terms of business refer to “you”, it shall mean yourself, as our dear customer.
- If you are a natural person and you do not enter into a purchase agreement with us in the course of your business activities, you are for the purpose of these general terms of business (and the purchase agreement, you enter into with us) a consumer.
- On the other hand, If you enter into a purchase agreement with us in the course of your business activities, or as a part of your profession (or you act on behalf of an entrepreneur), you are for the purpose of these general terms of business (and the purchase agreement, you enter into with us) an entrepreneur.
II. The customer account
- First, let’s talk about the customer account.
- The customer account is important for your purchases at bespkn.com website. In your customer account, we safely store all your data, which are necessary for quick purchase of your shirts.
- When registering the customer account, you shall provide us only with true and correct information and update the information on regular basis thereafter (as we rely on this information when dealing with your orders).
- After registering your account at bespkn.com website, you can access it whenever needed. Through your customer account, you can order shirts and carry out any related activities.
- Access to the customer account is secured with access details – your user name and password. You shall protect these access details and not provide them to any third parties.
- Please note that the customer account may not be accessible all the time (especially when we carry out maintenance of the website). However, no worries, the maintenances are usually quick and you will be able to order your shirt shortly when the maintenance is finished.
III. Purchase agreement
- Now let’s talk about the purchases.
- You purchase the individual shirts as products made by us on the basis of your instructions. The purchases are governed by individual purchase agreements entered into between you and us, which are governed by Czech law. You communicate your instructions to us through configurator placed on bespkn.com website. When creating your order, you choose the material, from which the shirt will be made, you also choose shirt’s details and, finally, you provide us with the measurements or size, which we use for creating the size of your shirt. If you provide us with measurements of your body, you agree that we recalculate the measurements to the final size of your shirt with our algorithm.
- The subject matter of the purchase agreement is defined by you through the configurator placed on bespkn.com website and further by these general terms of business (effective as at the date when the order was made).
- You shall enter only true, complete and correct data to the configurator placed on bespkn.com website. When entering the data, you shall closely follow all instructions on bespkn.com website (we recommend reviewing all data carefully, especially the measurements, as they are key for perfect fit of your shirt).
- You order the configurated shirt though the order form. Again, you shall enter only true, complete and correct data to the order form.
- By sending us your order, you make us an offer to enter into a purchase agreement. We confirm your order to your email address provided by you in the order. The purchase agreement between you and us is entered into upon your receipt of our confirmation.
- There may be a case, in which we want to reassure that you made your order correctly. In such cases, we reserve a right to contact you and ask you for additional confirmation of any Information included in the order. If you do not provide us which the additional confirmation, we become entitled to rescind the purchase agreement (this is because we do not want to deliver a shirt that you will not be satisfied with).
- You hereby confirm that you are aware of the fact that the purchase agreement is entered into with use of means of distance selling. Any costs incurred due to this fact shall be borne by you (for instance the price for internet connection).
- By entering into the purchase agreement, you confirm that you have familiarized yourself and agree with these general terms of business. At the same time you confirm that you were able to save these general terms of business and print them out.
- You hereby acknowledge that we are not obliged to enter into a purchase agreement with you in case you substantially breached purchase agreement entered into with us and these general terms of business (whether the current or previous version) in past.
IV. Purchase price
- The purchase prices of our shirts already include VAT and all related fees. The purchase prices also include standard means of delivery in the Czech Republic. Nevertheless, it is possible to opt for special means of delivery according to current offer on our website bespkn.com. Deliveries outside of Czech Republic are priced individually as shown on our website bespkn.com prior to completion of your order.
- The purchase price is paid through one of the means listed on our website bespkn.com.
- By entering into the purchase agreement with us, you agree with receiving the invoice in electronic form.
V. Withdrawal from the purchase agreement
- By the time we confirm your offer, our tailor cuts fabric for your shirt.
- In case you are a consumer, you acknowledge that you are not entitled to withdraw from the purchase agreement for convenience within 14 days from the delivery of the goods on the basis of Section 1837 (d) of the Czech Civil Code, due to the fact that we made your shirt to measure and it is therefore considered to be goods altered and made according to your wish and instructions.
- Nevertheless, no worries, if your shirt does not fit you, we will happily consult the sizing with you and will help you to choose the right measurements.
- You may choose the means of delivery from the options offered on our website bespkn.com.
- You become the owner of the shirt once the purchase price is fully paid for and the shirt is delivered to you.
- Any risks of damages are transferred to you (according to Section 2123 (1) of the Czech Civil Code) once we hand over the shirt for delivery. When receiving the shirt, you are obliged to check the packaging and notify the carrier about any damages. If you are suspicious about the packaging being anyhow broken into, we recommend not to take over the package and fill out a notice to the carrier stating that the package was damaged. This is because that by signing of the delivery notice, you declare that the packaging of the delivery containing the shirt was intact and the shirt is not damaged.
- In case it is necessary to deliver the shirt repeatedly or by different means than stated in the order, you will become obliged to pay any expanses connected with such repeated delivery (or expanses connected with other means of delivery).
VII. Liability for defects
- We aim on delivering perfect shirts without defects. However, if it happens and we do deliver you a faulty product, we become by all means liable under the respective provisions of Czech law.
- In particular, we are liable that the shirt does not have any defects in the meaning of Section 2161 of the Czech Civil Code.
- In case the shirt does not correspond to your configuration on bespkn.com website, or it has other defect (which was not caused by you or the carrier – for instance a faulty button), you have a right for the shirt to be fixed so it corresponds with our agreement. We will repair any defects primarily by mending or adjusting the shirt. If it is not possible, we will give you a discount or deliver a new shirt without defects. For the avoidance of doubt, providing us with wrong measurements, according to which we make the shirt, does not constitute our liability for defects.
- You become entitled to withdraw from the agreement in case we breach the purchase agreement substantially.
- In case you become aware of a fact that there is a defect on the delivered shirt, you are obliged to notify us about this fact without undue delay upon the shirt’s receipt through email email@example.com. You may exercise your rights stemming from our liability for defects on address Nové sady 988/2, Staré Brno, 602 00 Brno, Czech Republic. The effective moment of making the complaint will be considered the moment we received the defected shirt from you.
- If you are a consumer, you are entitled to exercise your rights from defected goods, which occurs on a shirt in the course of 24 months from receipt of the shirt according to Section 2165 (1) of the Czech Civil Code.
- All our communication must be in writing, either via email, by post or handed over in person (whatever you prefer). In case you use an email, the communication is delivered only once delivered by inbox server. In case of personal delivery, the communication is delivered by the time of the physical handover (or its refusal, if applicable).
IX. Final provisions
- Purchase agreement entered into between you and us, as well as the rights and obligations related to using bespkn.com website are governed by Czech law, in particular by the Czech Civil Code (regardless of the fact of whether you make the order from the Czech Republic or from elsewhere).
- If any of the provisions of the purchase agreement or these general terms of business is void or ineffective, or it will become void or ineffective, it shall be replaced by a provision of the purchase agreement or these general terms of business, with the closest possible meaning.
- Nullity or ineffectiveness of one provision of the purchase agreement or these general terms of business shall not have any effect on the validity or effectiveness of the other provisions of the purchase agreement or these general terms of business.
- Our contact details are: cz s.r.o., Nove sady 988/2, Stare Brno, 602 00 Brno, the Czech Republic, email: firstname.lastname@example.org.
- If you are of the opinion that your rights were breached, you can contact us with your complaint through email address email@example.com for an alternative dispute resolution. In that case you can also contact an alternative dispute resolution body, such as the Czech Trade Inspection.