Terms of service

Terms of Business Born In Porn

(hereinafter referred to as the 'Terms')

Seller:

Daniel Adamec

ID/VAT: 08475644

based at: Palackého 144, Velký Osek 281 51

tel. contact: +420 608 160 554

e-mail contact: info@borninporn.cz

(hereinafter referred to as “I“, „Seller“)

Word of introduction

These Terms govern the rights and obligations related to the purchase of goods in the [Born In Porn] online store (hereinafter also "Online store"), or by other means of distance communication between us, and are an integral part of the purchase contract concluded between me as the Seller and you as the buyer. By submitting an order, you confirm that you have read these Terms and Conditions and that you agree with them.
If I use the masculine gender, this includes the feminine as well.
You can only order goods from me if you are 18 or older. The goods I offer and sell are only fashion accessories!

How the purchase contract is concluded between us...

The online store contains a product offer with the name, image (this image is not a binding sample of the product) and description of the product. The publication of an offer in the Online Store is not a binding proposal to conclude a contract regarding these goods.
If you, as a buyer, are interested in purchasing goods, you choose the specific parameters of such goods in the Online Store (e.g. color, size, etc.), if the choice of parameters is possible for the goods, and click on the button marked "Add to basket" ( possibly on the icon symbolizing the basket).
If you want to make a purchase of the items placed in the basket, click on the "Order" icon to start the ordering process. As part of this, you fill in all the mandatory data such as your identification, contact and delivery data, then choose your preferred method of transport. I rely on the fact that all the information provided by you is true and correct.
At the end of the ordering process, you will see a summary of your order, go through it carefully. To be sure, go through these Terms once more, familiarize yourself with how I process your personal data. If everything fits, everything is clear to you and you haven't changed your mind about buying the goods, click the tick boxes regarding your acceptance of the Terms and Conditions (if you agree with them) and information on the processing of personal data (if you have familiarized yourself with them). Finally, by clicking the "Buy" button, you are binding to order the selected goods (this means, among other things, that you commit to paying the purchase price of the goods).
Immediately after that, an order confirmation will be sent to your e-mail address. I would like to point out that this confirmation is sent automatically and I just want to say that I have finished the order, so do not understand it as a binding confirmation of the order and conclusion of the contract. The purchase contract is concluded only when I confirm your order, again by e-mail sent to the e-mail address you entered in the order.
It may happen that your wishes in the order cannot be fulfilled. In that case, I can contact you at the contact details provided in the order and we will try to figure out a way to change the order to your satisfaction. If you agree to my amendment, your order will be amended in accordance with such proposal.
You can cancel the placed order until I confirm it bindingly for you, i.e. before the purchase contract is created.
Among other things, I can withdraw from the contract concluded with you in the event that the ordered goods are no longer manufactured or delivered, also in the event of an obvious error in the price of the goods (i.e. prices clearly different from the usual price for this type/type of goods).
I am archiving the contract for the purpose of fulfilling it, possibly exercising claims and fulfilling legal obligations.

How to pay the purchase price for goods…

The price of the goods and any costs associated with the delivery of the goods (hereinafter also "Goods price") is paid by cashless transfer to my bank account No. 2043214032/3030, held at Air Bank a.s..
Together with the confirmation of the order, I will also send you an advance invoice for the amount of the price of the goods. The price of the goods is paid by crediting the amount of the price of the goods to my account in full. After paying the advance invoice, I will issue and send you a tax document - a proper invoice.
In the event that you do not pay the price of the goods in full and on time in accordance with the data on the advance invoice, I have the right to withdraw from the concluded purchase contract. Please note that I will not send the goods to your hands, or I will not deliver it to you before the price of the goods has been paid for this item. However, such a payment is not a deposit.

How will I deliver the goods to you...

I will deliver the goods to you either to the address within the Czech Republic that you enter in the order, using transport/postal services, or you can pick up the goods in person at a place that we will arrange after prior agreement (in this case, however, I will ask you to confirm receipt on the delivery protocol /delivery note).
Just as I have an obligation to deliver the goods to you, so you have an obligation to accept the goods. If it is necessary to deliver the goods to you repeatedly or in another way, you are obliged to pay me the costs associated with repeated delivery or the costs associated with another method of delivery.
If you do not take over the goods, I will write you an e-mail and ask you to take over the goods in a new reasonable period. If you do not take over the goods despite this request, I have the right to sell the goods in a suitable way or withdraw from the purchase contract due to your breach of obligations.
If the situation described in the point above occurs, you are obliged to reimburse me for the costs of storage and the costs of useless delivery of the goods, in the necessary amount. I am entitled to include these costs in the proceeds of the sale or in the Price of the goods, which I will return to you after any withdrawal.

If you are a consumer, then...

If you are a consumer, i.e. you conclude a purchase contract with me outside of your business activity, you have the right to withdraw from the purchase contract concluded with me. The following points will tell you how you can use this right.
First of all - you can withdraw from the purchase contract (for no reason or for any reason) within 14 days from the day of receipt of the goods. This will most often apply to purchase contracts concluded with me. However, I must draw your attention to two more moments from which the withdrawal period can start to run (which, however, is not usual for purchase contracts concluded with me): a) from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts, or b) from the date of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
However, there are cases when you simply cannot use this right of withdrawal. Two of the situations stipulated by law are: a) delivery of goods that have been modified according to your wishes or for you, b) delivery of goods in closed packaging, which the buyer has removed from the packaging and for hygienic reasons it is not possible to return it. Please keep in mind that if you require any modifications to the goods or the complete production of goods tailored for you - you will not be able to simply return the goods to me without reason.
In order to do everything, all you have to do is send the withdrawal within the 14 days (it doesn't necessarily have to be delivered to me within 14 days). Please send such withdrawal to my email address listed above in these Terms.
To facilitate the whole process, I refer you to the withdrawal form that you can use.
If you withdraw, you are obliged to return the goods to me within 10 days of this withdrawal. You bear the costs of returning the goods. In return, I will immediately, no later than 14 days after withdrawing from the contract, return the price of the goods that I received from you. If you withdraw from the purchase contract, I am not obliged to return the price of the goods to you before you hand over the goods to me or prove that you have sent the goods.
If you chose other than the cheapest method of delivery of the goods that I offer, I will refund you the cost of delivery of the goods corresponding to the cheapest method of delivery.
It may happen that you order more items, but you want to withdraw and return only some items to me and not all of them. But be prepared for the fact that if the delivery costs were the same regardless of how many goods you ordered, then you are not entitled to a refund of the delivery costs if you only want to return part of the ordered goods. If the delivery costs of the goods are increased due to the addition of the returned goods to the order, you are entitled to such corresponding part of the delivery costs of the goods (by which the amount of the delivery costs for the returned goods has increased).
Withdraw from the contract is your legal right, but you must not abuse it! By this I mean that the goods you are returning must not be damaged, worn or dirty. The 14 day withdrawal period is really only for you to find out what it really looks like and if it's OK for you, not to actively use it all the time. I am entitled to compensation for damage caused to the goods, and I can offset such a claim against the claim for a refund of the price of the goods (i.e. I will return it to you in a lower amount).

What if you want to complain about a defect...

I am responsible for the fact that the goods have no defects. In particular, I am responsible for the fact that, at the time when the risk of damage to things passed to you:

the thing has the characteristics that we have agreed between us, and in the absence of an agreement, such characteristics that I or the manufacturer (which is again me) have described or that you expected with regard to the nature of the goods and on the basis of the advertising carried out by me,
the thing is suitable for the purpose for which I state its use or for which the thing of this kind is usually used,
the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
is a thing in the corresponding quantity, measure or weight and
the matter complies with the requirements of legal regulations.

You are entitled to assert a right from a defect that occurs in consumer goods within twenty-four months of receipt. Attention, however, this does not apply in the following cases:

for an item sold at a lower price due to a defect for which a lower price was agreed,
for the wear and tear of the thing caused by its usual use,
in the case of a used item for a defect corresponding to the degree of use or wear and tear the item had when the buyer took it over, or
if it arises from the nature of the matter.

In the event that there is a defect in the goods, you can complain about the goods and demand:

exchange for new goods,
goods repair
a reasonable discount from the purchase price,
withdrawal from the contract

You can withdraw from the contract: (a) if the goods have a substantial defect, or (b) if you cannot use the item due to the repeated occurrence of the defect or defects after repair, (c) in the event of a large number of defects.
Submit complaints to my contact details listed in these Terms.
I will then issue you a written confirmation of when you exercised your right, what the content of the complaint is and what method of handling the complaint you require, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.
I will make a decision on your claim immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the day the complaint is made, unless we agree on a longer period. Missing this deadline is considered a material breach of the contract and you have the right to withdraw from the purchase contract.
You do not have a right from defective performance if you knew before taking over that the item had a defect, or if you caused the defect yourself.
In the case of a justified complaint, you have the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint.
The rights and obligations of the contracting parties regarding rights from defective performance are governed by §§ 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

Word in conclusion...

In the event that a consumer dispute arises between you and me from the purchase contract, which we cannot resolve by mutual agreement, you can submit a proposal for an out-of-court settlement of such a dispute to a designated entity for out-of-court settlement of consumer disputes, which is:

Czech Trade Inspection

Central Inspectorate - ADR department

Štěpánská 15

120 00 Prague 2

email:adr@coi.cz
web:adr.coi.cz

The aim of the out-of-court resolution of consumer disputes is to reach an amicable settlement of the dispute and an agreement between the parties.
The contract is concluded in the Czech language.
These Terms, including their parts, are valid and effective from [1.1.2022], while they are available electronically at [https://borninporn.cz/policies/refund-policy]. I can change the terms and conditions at any time by publishing new terms and conditions, but purchase contracts concluded under the current Terms and Conditions remain unchanged.