Terms and Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR E-SHOPS

These General Terms and Conditions ("Terms") of AMOJA s.r.o., with its registered office in Na Roudné 443/18, 301 00 Plzeň, company registration number 06899692, registered in the Commercial Register under no. C 35952 maintained at the Regional Court in Plzeň, e-mail skornickova@seznam.cz, telephone number 777140897 ("We" or "Seller") are adjusted in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., Civil Code, as amended ("Civil Code") mutual rights and obligations of you, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase agreement ("Contract") concluded through the E-shop on the website www.movien.cz.

All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found here https://www.movien.cz/podminky-ochrana-osobnich-udaju/

The provisions of these Terms form an integral part of the Treaty. The contract and terms are drawn up in the Czech language. We may unilaterally amend or supplement the terms of the Terms. This provision is without prejudice to the rights and obligations arising during the period of application of the previous version of the Conditions.

As you know, we communicate primarily at a distance. Therefore, even for our Contract, means of distance communication are used to enable us to come to an agreement with each other without the simultaneous physical presence of Us and you, and the Contract is thus concluded remotely in an E-shop setting, via a website interface ("e-shop web interface").

If any part of the Terms contravenes what we have jointly approved in the process of your purchase on Our E-shop, this particular agreement will take precedence over the Terms.

SOME DEFINITIONS

The price is the amount of money you will be paying for the Goods;
The transport price is the amount of money you will pay for delivering the Item, including the price for packing it;
The total price is the sum of The price and The price of transport;
VAT is value added tax according to the applicable legislation;
An invoice is a tax document issued in accordance with the Value Added Tax Act on the Total Price;
The order is your irrevocable proposal to enter into a Contract for the Purchase of Goods with Us;
A user account is an account set up on the basis of information provided by you that allows the data entered and the history of goods ordered and contracts concluded to be retained;
You are the person shopping on Our E-shop, referred to by law as the buyer;
Merchandise is all you can buy at the E-shop.

GENERAL PROVISIONS AND LESSONS LEARNED

Buying Goods is only possible through the Web interface of the E-shop.

When purchasing goods, your obligation is to provide us with all the information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct and true.

CONCLUSION OF THE CONTRACT

The contract with Us can be concluded only in the Czech language.
The contract is concluded remotely through the E-shop, with the cost of using the means of communication remotely covered by you. However, these costs are no different from the basic rate you pay for using these funds (i.e. especially internet access), so you don't have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to our remote use of the means of communication.
To be able to close the Contract, you need to create an Order Proposal on the E-shop. The following must be included in this proposal:

Information about purchased Goods (on E-shop you indicate items you are interested in purchasing with the "To basket" button);

I) Information on price, shipping price, payment method

II)Total prices and delivery method required The items will be entered as part of the design process Orders within the E-shop's user environment, with information on price, shipping price and total price to be provided automatically based on your slow Goods and how they are delivered;

III) Its identification and contact details used to enable us to deliver Goods, in particular name, surname, delivery address, telephone number and e-mail address;

IV) In the case of a Contract under which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.

In the course of designing the Order, it can change and control the data until it is created. After you have done the check by pressing the "Send Order" button, you create the Order. Before pressing the button, however, you must still confirm your introduction and consent to these Terms and Conditions, otherwise you will not be able to create the Order. You confirm consent by sending an order. When the "Send Order" button is pressed, all completed information will be sent directly to Us.
We will confirm your Order to you as soon as possible after it is delivered to Us with a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Confirmation of the Order from our side leads to the conclusion of the Contract between Us and you. The terms and conditions in effect on the Day of the Order form an integral part of the Contract.
There may also be cases where we will not be able to confirm the Order to you. This is particularly the case when The Goods are not available or when you order a larger number of Items than are allowed on our part. However, we always give you information about the maximum number of Goods in advance within the E-shop and should therefore not be surprising to you. In the event that there is any reason for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form as compared to the Order. In that case, the contract is concluded as soon as you confirm our offer.
We are not obliged to deliver the Goods for this Price even if you have received confirmation of the Order and thus the Contract has been concluded, in the event that there is a manifest ly erroneous Price in the E-shop or in the Order proposal. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In this case, the new Contract is concluded as soon as you confirm our Offer. In the event that you do not confirm our offer within 3 days of sending it, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, when the Price does not match the usual price at other retailers or the figure is missing or dwells.
In the event of a Contract, you incur an obligation to pay the Total Price.
If you have a User Account set up, you can make an Order through it. Even then, you are obliged to check the accuracy, veracity and completeness of the pre-filled data. However, the method of creating the Order is the same as in the case of a buyer without a User Account, but the advantage is that there is no need to fill in your identification details repeatedly.
In some cases, we allow you to use a discount to buy goods. To grant a discount, you need to fill in this discount information in a predetermined field as part of the Order Proposal. If you do, the Goods will be provided at a discount.

USER ACCOUNT

You can access your User Account based on your E-shop registration.
When registering a User Account, it is your responsibility to correctly and truthfully state all data entered and update it if there is a change.
Access to the User Account is secured by username and password. Regarding these access documents, it is your responsibility to maintain confidentiality and not to disclose this information to anyone. In the event of abuse, we will not be held responsible.
The user account is personal and you are therefore not authorized to allow third parties to use it.
We may cancel your User Account, especially if you do not use it for more than a year, or if you breach your obligations under the Contract.
A user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

PRICE AND PAYMENT CONDITIONS, TITLE RESERVATION

The price is always stated within the E-shop, in the order proposal and of course in the Contract. In the event of a discrepancy between the Price quoted for goods within the E-shop and the Price quoted in the order proposal, the Price quoted in the order proposal will apply, which will always be identical to the price in the contract. Within the design of the Order, the Shipping Price is also stated, as well as the conditions when shipping is free.
The total price is stated including VAT, including any charges laid down by law.
Payment of the Total Price we will require you after the conclusion of the Contract and before handing over the Goods. You can pay the Total Prize in the following ways:

I) By bank transfer. We will send you the information to make the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within three days of receipt of the order.
II) Card online. In this case, payment is made via The Shoptet Pay payment gateway, subject to the terms and conditions of this payment gateway, which are available at: https://www.shoptetpay.com/en/vseobecnée-obchodni-podminky-shoptet-pay/https://www.shoptetpay.com/en/vseobecnée-obchodni-podminky-shoptet-pay/.In the case of online card payment, the total price is due by the next day.

III) Cash on delivery In this case, payment is made on delivery of the Goods as opposed to handing over the Goods. In the case of a cash on delivery payment, the total price is payable on receipt of the Goods.

IV) Cash on personal delivery. Cash can be paid for Goods in the event of a takeover at our premises. In the case of cash payment on personal collection, the total price is payable on receipt of the Goods.

The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Item and available in user account.

IV) Ownership of the Goods passes to you only after you pay the Total Price and take over the Goods. In the case of payment by bank transfer, the total price is paid by crediting our account, in other cases it is paid at the time of payment.

DELIVERY OF GOODS, PASSING DANGER OF DAMAGE TO THINGS

Goods will be delivered to you in the manner of your choice, choosing from the following options:

I) Personal subscription in Mariánské Lázně or Karlovy Vary, by telephone or e-mail;
II) Personal collection at delivery points of the Mail Room;

III) Delivery via the Transport Companies Austerity Package, Delivery Office;

) The goods can be delivered only within the Czech Republic and the Slovak Republic.
Delivery time Goods always depend on their availability and the method of delivery and payment chosen. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time given on the E-shop is indicative only and may differ from the actual delivery time. In case of in-person collection at the premises, we will always inform you about the possibility of picking up the Goods via e-mail.
Upon receipt of the Goods from the carrier, it is your responsibility to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us without delay. In the event of a defect in the packaging indicating tampering and entry into the consignment, it is not your responsibility to take the Goods from the carrier.
In case you breach your obligation to take over the Goods, except in cases according to Art. 6.4 Terms and Conditions, it does not result in a violation of our obligation to deliver the Goods to you. At the same time, not taking over the Goods is not a withdrawal from the Treaty between us and you. However, we then have the right to withdraw from the Treaty on the grounds of your substantial breach of the Treaty. If we decide to exercise this right, the withdrawal shall be effective on the date on which we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to reimbursement of the Transport Price or, where applicable, the right to compensation if it has arisen.
If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than agreed in the Contract, it is your responsibility to reimburse us for the costs associated with this re-delivery. We will send you payment details to your e-mail address as specified in the Contract for payment of these costs and they are due 14 days after the e-mail is delivered.
Dangerous damage to goods passes to you the moment you take over. In the event that you do not take over the Goods, except in the cases referred to in Art. 6.4 Terms and conditions, the risk of damage to the Goods passes to you when you have had the opportunity to take it over, but for reasons on your part there has been no takeover. Passing the risk of damage to Goods means that from this point on you bear all the consequences associated with the loss, destruction, damage or any depreciation of Goods.
In case the Goods have not been listed as in stock in the E-shop and the indicative availability time has been given, we will always inform you in case of: I) an extraordinary shortfall in production of Goods, always giving you a new expected availability time or information about not being able to deliver The Goods; II)delay in delivery of goods from our supplier, always telling you the new expected delivery time.
In the event that we are unable to deliver the Goods to you within 30 days of the time of delivery of the Goods mentioned in the Order confirmation, for whatever reason, we and you are entitled to withdraw from the Contract.

RIGHTS OF DEFECTIVE PERFORMANCE

We guarantee that at the time of transition the risk of damage to the Goods according to Art. 6.7 The terms and conditions are Goods free of defects, in particular that:

I) it has the characteristics that we have agreed with you and, if they have not been explicitly agreed, those which we have indicated in the description of the Goods or, where appropriate, those which can be expected to have regard to the nature of the Goods;
II) is appropriate for the purposes we have listed or for the purposes usual for Goods of this type;

III) it corresponds to the quality or to the performance of the agreed sample, where the quality or performance has been determined by the sample;

IV) is in appropriate quantity and weight;
V) meets the requirements of its legislation;
VI) is not encumbered by third-party rights.

Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legislation (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

In the event that the Goods has a defect, i.e. especially if any of the conditions under Art. 7.1, you can notify us of such a defect and claim the rights from the defective performance (i.e. Reclaim the Goods) by sending an email or letter to our addresses listed with our identification data. You can also use the sample form provided by Our Party, which forms Annex No. 1 Conditions. In exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot subsequently make this choice, except in cases according to Art. 7.4, without our consent to change. We will settle the claim in accordance with the law applied by you from the defective performance. In the event that you do not choose a solution to the defect, you have the rights listed in Art. 7.5 even in situations where defective performance was a material breach of the Treaty.

If defective performance is a substantial breach of the Treaty, you have the following rights:

I) to correct the defect by delivering new Goods without defect, or by supplying the missing part of the Goods;
II) to correct the defect by repairing the Goods;

III) on a reasonable discount of the Price;

IV) to withdraw from the Treaty.

In the event that you choose to resolve under (a) or (b) and We do not correct the defect in this way within a reasonable period of time we have indicated, or we will inform you that we will not remove the defect in this way at all, you have rights under (c) and (d), even if you did not initially request them as part of the claim. At the same time, if you choose to remove the defect by repairing the Goods and We find that the defect is unrepairable, we will notify you and you can choose another way to remove the defect.

If defective performance is an insubstantial breach of the Treaty, you have the following rights:

I) to correct the defect by delivering new Goods without defect, or by supplying the missing part of the Goods;
II) to correct the defect by repairing the Goods;

III) on a reasonable discount of the Price.

However, if we do not remove the defect in time or refuse to remove the defect, you will be entitled to withdraw from the Contract. You can also withdraw if you cannot use the Goods properly for a recurrence of defects after repairing the Goods or with more defects the Goods.

In the case of both substantial and non-essential breaches, you cannot withdraw from the Contract, nor demand delivery of a new item, unless you can return the Item in the state in which you received it. But this is not the case in the following cases:

I) if the condition of the Goods has changed as a result of an inspection to identify the defect;
II) if the Goods had been used prior to the discovery of the defect;

III) if the impossibility of returning the goods unchanged was not due to your actions or your omission,

IV) if the goods have been sold, consumed or altered by you prior to the discovery of the defect; however, if this has only partially occurred, you are obliged to return the part of the Goods that can be returned, in which case you will not be refunded part of the Prices corresponding to your benefit from using part of the Goods.

Within 3 days of receiving the claim, we will confirm to you at the e-mail address that we have received the claim, when we received it and the anticipated duration of the settlement. We will settle the claim without undue delay, but no later than 30 days after receiving it. The deadline may be extended by our mutual agreement. If the deadline expires in vain, you can withdraw from the Treaty.
We will inform you about the handling of the claim by e-mail. If the claim is justified, you are entitled to be reimbursed for the costs effectively incurred. You are required to prove these costs, e.g. by receipts or receipts of the shipping price. In case the defect has been corrected by delivery of the new Goods, it is your responsibility to return the original Goods to us, however, the cost of this refund is covered by Us.
If you are an entrepreneur, it is your responsibility to notify and reproach the defect without undue delay after you have been able to find out, but no later than three days after receiving the Goods.
If you are a consumer, you have the right to bribe the rights from defective performance for a defect that occurs in consumer goods within 24 months of receiving the Goods.
The provisions regarding the right from defects do not apply in the case of:

I) Goods that are sold at a lower Price, on a defect for which a lower Price has been agreed;
II) wear and tear Goods caused by their normal use;

III) used Goods for a defect corresponding to the level of use or wear that the Goods had when you took it over;

IV) where this results from the nature of the Goods.

WITHDRAWAL FROM THE TREATY

Withdrawal from the Treaty, i.e. termination of the contractual relationship between us and you from its inception, may take place for the reasons and in the manner specified in this Article, or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.
In the event that you are a consumer, i.e. a person purchasing goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days of the date of delivery of the Goods, in accordance with the provisions of §1829 of the Civil Code. In the event that we have concluded a Contract covering several types of Goods or the supply of several parts of The Goods, this period does not start until the date of delivery of the last part of the Goods, and in the event that we have concluded a Contract under which we will deliver the Goods to you regularly and repeatedly, it begins to run on the date of delivery of the first delivery. You can withdraw from the Contract in any demonstrable way (in particular by sending an e-mail or letter to our addresses listed with our identifying information). You can also use the sample form provided by Our Party, which forms Annex No. 2 Conditions.
However, even as a consumer, you cannot withdraw from the Treaty in cases where it is the subject of the Treaty:

I)Goods the Price of which depends on financial market fluctuations independently of Our will and may occur within the withdrawal period;

II) delivery of alcoholic beverages that can only be delivered after thirty days and their price depends on financial market fluctuations independent of Our will;

III) Goods that have been customised to your liking or for your person;

IV) Perishable goods and Goods that have been irrevocably mixed with others after delivery;
V) Goods in sealed packaging which have been removed from the packaging and cannot be returned for hygiene reasons;
VI) the supply of an audio or video recording or computer program if the original packaging has been breached;

VII) the supply of newspapers, periodicals or magazines;

VIII) the delivery of digital content if it was not delivered on a tangible medium and was delivered with your prior express consent before the withdrawal period expired and We have informed you that you do not have the right to withdraw from the Treaty.

Time limit for withdrawal under Art. 8.2 The terms and conditions are deemed to be preserved if you send us notice in the process that you are withdrawing from the Treaty.
In the event of withdrawal, Price will be refunded to you within 14 days of the effective date of withdrawal to the account from which it was credited or to the account of the chosen withdrawal. However, the amount will not be refunded until you return the Item to Us or prove that it was sent back to Us. Items Please return to us clean, including original packaging if possible.
In the event of withdrawal from the Treaty pursuant to Art. 8.2 You are obliged to send the Goods to Us within 14 days of withdrawal and you will bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to be refunded the Shipping Price, but only in the amount corresponding to the cheapest delivery method we have offered for delivery of the Goods. In the event of withdrawal on the grounds that We are in breach of the contract, we also pay the costs associated with the return of the goods to Us, but again only up to the price of the transport in the amount corresponding to the cheapest method of delivery offered, which we offered upon delivery of the Goods.
You are liable to us for damage in cases where the Goods will be damaged as a result of your handling of them differently than is necessary to deal with them in terms of their nature and characteristics. In this case, we will bill you for the damage caused after the Goods are returned to us and the due date of the billed amount is 14 days. In the event that we have not yet refunded you the Price, we are entitled to set aside the claim in respect of the costs against your claim for a refund of the Price.
We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (in particular the reasons on the part of third parties or the reasons underlying the nature of the Goods), even before the expiry of the period referred to in Art. 6.9. condition We may also withdraw from the Contract if it is apparent that you have given deliberately incorrect information in the Order. In the event that you purchase goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Treaty at any time, even without giving a reason.

RESOLVING DISPUTES WITH CONSUMERS

We are not bound by any codes of conduct within the meaning of Section 1826(2) in relation to buyers. 1 (e) of the Civil Code.
We handle consumer complaints via e-mail address skornickova@seznam.cz. We will send information about the handling of the complaint to the buyer's e-mail address.
To settle consumer disputes out of court from the Treaty, the Czech Trade Inspectorate is responsible, with the registered office of Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz. The online dispute resolution platform, located at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between a seller and a consumer buyer from a purchase agreement concluded by electronic means.
European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 1086/2013 2006/2004 and Directive 2009/22/EC (Online Dispute Resolution Regulation).

FINAL PROVISIONS

If Our and Your Legal Relationship contains an international element (for example, we will ship goods outside the Territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement is without prejudice to your rights under the legislation.
All written correspondence will be delivered to you by e-mail. Our e-mail address is listed with our identifying information. We will deliver correspondence to your email address as specified in the Contract, user account or through which you have contacted us.
The contract can only be amended on the basis of our written agreement. However, we are entitled to amend and supplement these Terms, but this amendment will not affect the Treaties already concluded, but only the Treaties that will be concluded after the change takes effect. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive from you within 14 days of sending the change information notice of termination of the contract for regular and repeated deliveries of goods, the new terms become part of our contract and apply to the next delivery of goods following the effect of the change. The notice period if you give notice is 2 months.
In the event of force majeure or unforeseeable events (natural disaster, pandemics, operational disruptions, subcontractor outages, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure persists for more than 10 days, we and you have the right to withdraw from the Treaty.
The Terms and Conditions are attached to a model claim form and a model withdrawal form.
The contract, including the Terms, is archived in electronic form at Us, but is not accessible to you. However, you will always receive these Terms and Confirmations Orders with the Order Summary by e-mail and thus you will always have access to the Contract even without our cooperation. We recommend you always confirm your Order and save your Terms and Conditions.
These Terms take effect 2. 12. 2022.

ANNEX No. 1 - CLAIM FORM

Addressee Monika Škorničková, Nejdlova 925/2, 360 17 Karlovy Vary

Making a claim

Date of conclusion of the contract:

First and last name:

Address:

E-mail address:

Goods that are advertised:

Description of defects Goods:

Proposed way to settle a claim, possibly including a bank account number to grant a discount:

At the same time, I am asking for a statement of claim stating when I exercised this right, what the content of the claim is together with my claim including the date and method of processing the claim.

Date:

Signature:

ANNEX No. 2 - WITHDRAWAL FORM

Addressee: Monika Škorničková, Nejdlova 925/2, 360 17 Karlovy Vary

I hereby declare that I am withdrawing from the Treaty:

Date of conclusion of the contract:

First and last name:

Address:

E-mail address:

Specifications Of goods covered by the Treaty:

How to recover funds received and, where applicable, the bank account number:

If the buyer is a consumer, he has the right if he ordered the goods through the e-shop of AMOJA s.r.o. ("Company") or another means of communication at a distance, except in the cases referred to in Section 1837 of Act No. 89/2012 Coll., Civil Code, as amended, withdraw from an already concluded purchase agreement within 14 days of the date of receipt of the goods, without giving any reason and without any penalty. This withdrawal shall be notified by the Buyer to the Company in writing at the address of the Company's premises or electronically on the e-mail provided on the model form.

If a buyer who is a consumer withdraws from the purchase agreement, he or she shall send to the Company, without undue delay, no later than 14 days after the withdrawal from the purchase agreement, the goods received from it.

If a buyer who is a consumer withdraws from the purchase agreement, the Company will refund him or her, without undue delay, no later than 14 days after the withdrawal from the purchase agreement, all funds (the purchase price of the delivered goods), including the cost of delivery received from him or her under the purchase agreement, in the same way. If the buyer has chosen a method other than the cheapest way to deliver the goods offered by the Company, the Company will refund the cost of delivery to the buyer only in the amount corresponding to the cheapest way to deliver the goods offered. The company is not obliged to return the received funds to the buyer before the buyer of the goods has handed them over or demonstrates that the goods have been shipped to the Company.

Date:

Signature: