Terms of service

Terms and Conditions Born In Porn

(hereinafter referred to as the "Conditions")

Seller:

Daniel AdamecIR: 08475644

registered office: Palackého 144, Velký Osek 281 51

tel. contact: +420 608 160 554

e-mail. Contact: info@borninporn.cz

(hereinafter referred to as "already“, "Seller")

A word of introduction

These Terms and Conditions govern the rights and obligations related to the purchase of goods in the [Born In Porn] online store (hereinafter also “Eshop“), Or by other means of distance communication that takes place between us and are an integral part of the purchase agreement concluded between me as Seller and You as Buyer. By submitting an order, you acknowledge that you have read and agree to these Terms.
If I use the masculine gender, this includes the feminine gender.
You can only order goods from me if you are 18 years of age or older. The goods I offer and sell are just fashion accessories!

How to conclude a purchase contract between us…

The online store contains an offer of goods with the name, image (this image is not a binding sample of goods) and a description of these goods. Publication of the offer in the Internet shop is not a binding proposal for concluding a contract regarding these goods.
If you, as a buyer, are interested in buying goods, you choose the specific parameters of such goods in the Online Store (eg color, size, etc.), if the choice of parameters for the goods is possible, and click on the button labeled "Add to cart" ( or an icon symbolizing the cart).
If you want to purchase the items added to the cart, click on the "Order" icon to start the ordering process. Within this, you fill in all mandatory data such as your identification, contact and delivery data, then you choose the preferred mode of transport. I trust that all 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 on the safe side, read these Terms and Conditions once again, a list of how I process your personal data. If everything fits, everything is clear to you and you have not changed your mind about the purchase of the goods, click my tickboxes regarding your agreement with the Terms (if you agree with them) and information about the processing of personal data (if you have read them). Finally, by clicking on the "Buy" button, you are binding to order the selected goods (this means, among other things, that you undertake to pay the purchase price of the goods).
An order confirmation will be sent to your e-mail address immediately afterwards. Please note that this confirmation is sent automatically and I just want to say that I have received the order, so do not understand it as a binding confirmation of the order and the 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 not be possible to fulfill your wishes in the order. In this 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 with my amendment, your order will be modified in accordance with such a proposal.
You can cancel the submitted order until I confirm it to you, ie until the purchase contract is concluded.
Among other things, I can withdraw from the contract concluded with you if the ordered goods are no longer produced or delivered, as well as in the event of an obvious error in the price of the goods (ie prices obviously different from the usual price for this type).
I archive the contract for the purpose of its fulfillment, or the assertion of claims and fulfillment of 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 non-cash by transfer to my bank account No. 2043214032/3030, kept with Air Bank a.s ..
Together with the order confirmation, 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 information 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, resp. I will not deliver it to you until the price of the goods has been paid for this product. However, such a payment is not an advance.

How will I deliver the goods to you…

I will deliver the goods to you either to the address within the Czech Republic, which you enter in the order, using transport / postal services or you can pick up the goods in person at a place we arrange (in which case I will ask you to confirm receipt on the handover protocol / delivery note).
Just as I have an obligation to deliver the goods to you, so you have an obligation to take over the goods. If you need to deliver the goods repeatedly or in another way, you are obliged to reimburse me for 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 within a new reasonable time. If you do not take over the goods despite this request, I have the right to sell the goods in an appropriate manner or to withdraw from the purchase contract for 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 cost of futile delivery of the goods, in the necessary amount. I am entitled to set off these costs against the proceeds of the sale or 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, ie you conclude a purchase contract with me outside your business, you have the right to withdraw from the purchase contract concluded with me. The following points will tell you how you can exercise this right.
First of all - you can withdraw from the purchase contract (for no reason or for any reason) within 14 days from the date of receipt of the goods. This will most often apply to purchase agreements with me. However, I must warn you of two more moments from which the withdrawal period may begin (which, however, are not usual for purchase contracts concluded with me): a) from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several or (b) from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular resupply of goods.
However, there are cases when you simply cannot exercise 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 your person, b) delivery of goods in a closed package, which the buyer has removed from the package and for hygienic reasons it is not possible to return. Please keep this in mind if you require any modifications to the goods or the complete production of goods tailored to your person - you will not be able to return the goods to me for no reason.
To catch up, all you have to do is send your resignation in those 14 days (it doesn't have to be delivered to me in 14 days). Please send such withdrawal to my e-mail address listed above in these Terms and Conditions.
To facilitate the whole process, I refer you to withdrawal form, which you can use.
If you withdraw, you are obliged to return the goods to me within 10 days of such withdrawal. You bear the cost of returning the goods. In return, I will return to you without delay, no later than within 14 days of withdrawal from the contract, the Price of the Goods which I have 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 have chosen a method of delivery other than the cheapest method of delivery, I will refund you the cost of delivery of the goods corresponding to the cheapest method of delivery.
You may order more goods, but you will want to withdraw and return only some pieces and not everything. But be prepared for the fact that if the delivery costs were the same no matter how many goods you ordered, you are not entitled to a refund of the delivery costs if you want to return only part of the ordered goods. Should the cost of delivery increase due to the addition of the returned item to the order, you are entitled to such a corresponding portion of the cost of delivery of the goods (by which the amount of delivery cost for the returned item has increased).
Withdrawal from the contract is your legal right, but you must not abuse it! By that I mean that the goods you return must not be damaged, worn or soiled. Those 14 days for resignation really only serve you to find out what it really looks like and whether it's OK for you, not to actively use it all the time. I am entitled to compensation for damage to the goods and I can set off such a claim against the right to a refund of the price of the goods (ie I will return it to you in a lower amount).

What if you want to complain about the defect…

I am responsible for the fact that the goods are free of defects. I am mainly 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 among ourselves and, in the absence of an agreement, the characteristics that I or the manufacturer (which I am again) have described or expected with regard to the nature of the goods and the advertising I make,
the thing is suitable for the purpose I state for its use or for which a thing of this kind is usually used,
the item corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
is the thing in the appropriate quantity, measure or weight, and
the matter complies with the requirements of the legislation.

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

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

In the event that a defect occurs in the goods, you can claim the goods and request:

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

You may withdraw from the contract: (a) if the goods have a material defect, or (b) if you cannot use the item due to recurrence of the defect or defects after repair, (c) if there are several defects.
File a complaint against my contact details stated in these Conditions.
I will then issue you a written confirmation of when you exercised the right, what is the content of the complaint and what method of handling 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 rejecting the complaint.
I will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless we agree on a longer period. The expiration of this period in vain is considered a material breach of contract and you have the right to withdraw from the purchase contract.
The right from defective performance does not belong to you if you knew before taking over the thing that the thing has a defect, or if you caused the defect yourself.
In the case of a justified complaint, you have the right to reimbursement of purposefully incurred costs incurred in connection with the complaint.
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by 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.

A word at the end…

In the event that a consumer dispute arises between you and you under the purchase agreement, which we fail to resolve by mutual agreement, you may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is:

the Czech trade inspection

Central Inspectorate - ADR Department

Štěpánská 15

120 00 Prague 2

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

The aim of out-of-court settlement of consumer disputes is to reach an amicable settlement of the dispute and the agreement of the parties.
The contract is concluded in the Czech language.
These Terms and Conditions, including their components, are valid and effective from [1.1.2022], and are available electronically at [https://borninporn.cz/policies/refund-policy]. I can change the conditions at any time by publishing new conditions, but the purchase contracts concluded under the existing Conditions do not change.