General terms and conditions for online sales

A & G Co. Terms and Conditions s.r.o. with registered office at Sicherova 1664/3A, Kyje, 198 00, Prague, identification number: 25784447, a company registered in the commercial register maintained by the MoS in Prague, section C, insert 69958 for the sale of goods through the online store located at the Internet address www.agdesign.market Czech Republic

1. INTRODUCTORY PROVISIONS

These terms and conditions define and specify the rights and obligations of the seller and the buyer within the framework of contractual relationships concluded through the online store www.agdesign.market. The buyer has the opportunity to familiarize himself with these terms and conditions before sending his order and is notified of them sufficiently in advance. By sending his order, the buyer confirms that he has familiarized himself with these terms and conditions and that he agrees with them.

The seller and operator of the online store www.agdesignshop.cz is A & G Co. s.r.o. with registered office at Sicherova 1664/3A, Kyje, 198 00, Prague registered in the commercial register of the Municipal Court in Prague, section C, file 69958.

All contractual relationships are governed by the legal system of the Czech Republic.

2. DEFINITION OF TERMS

Consumer contract – purchase contract, work contract, or other contracts according to the Civil Code, if the parties to the contract are the consumer on the one hand and the seller on the other.

Consumer – is a natural person who, when concluding and fulfilling the contract, does not act as part of his business or other business activity or as part of the independent exercise of his profession.

A buyer who is not a consumer – is a person who, when concluding and fulfilling a contract, acts as part of his business or other business activity or as part of the independent exercise of his profession.

3. CONCLUSION OF THE PURCHASE AGREEMENT

Properly filled out and sent via the online store www.agdesignshop.cz, or the buyer’s order made over the phone is a binding proposal to conclude a purchase contract with the seller, while the buyer is bound by his proposal to conclude a purchase contract for a period of 21 days from the sending of the order. The seller will immediately confirm the receipt of the order in accordance with § 1827 paragraph 1 of the Civil Code by e-mail to the e-mail address specified by the buyer in the order, while this confirmation is not an acceptance of the proposal to conclude a purchase contract. The purchase contract itself is concluded by the seller’s acceptance of the proposal for the conclusion of the purchase contract, whereby acceptance is considered to be the sending of the goods by the seller to the buyer or the express acceptance of the proposal for the conclusion of the purchase contract by the seller via e-mail or telephone.

The consumer has the right to cancel the order, i.e. withdraw his proposal to conclude a purchase contract, without any penalties until the moment the goods are dispatched. The consumer is obliged to notify the seller of this fact by e-mail. If the buyer wants to cancel an order for goods that have been specially ordered for him by agreement, a cancellation fee of 50% of the purchase price of the goods is set. The purchase contract is concluded in the Czech language. After conclusion, the purchase contract is archived only for the time necessary for its processing, during which time it is possible to make it available at the consumer’s written request. You can change the order and correct errors until the moment the goods are handed over for dispatch.

4. WITHDRAWAL OF THE CONSUMER FROM THE CONTRACT ACCORDING TO § 1829 PAR. 1 OF THE CIVIL CODE

The consumer has the right to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods (in the case of a purchase contract, the subject of which is several types of goods or the delivery of several parts, from the date of receipt of the last delivery of goods; in the case of a purchase contract, the subject of which is regular repeated delivery goods, from the date of acceptance of the first delivery of goods). For the purpose of exercising the right to withdraw from the contract, the consumer must inform the seller, A & G Co., of his withdrawal from this contract. s.r.o. with registered office at Sicherova 1664/3A, Kyje, 198 00, Prague registered in the commercial register of the Municipal Court in Prague, section C, file 69958, to e-mail: [email protected] in the form of unilateral legal negotiations by e-mail. If the consumer withdraws from the purchase contract, all payments received from the consumer, including delivery costs (except for additional costs incurred as a result of of the chosen delivery method, which is different from the cheapest standard delivery method offered by the seller). For refunds, the seller will use the same means of payment that the consumer used to make the initial transaction, unless the consumer has explicitly specified otherwise. In no case will this result in additional costs for the consumer. The payment will be refunded by the seller only after receiving the returned goods or if the consumer proves that he sent the goods back, whichever occurs first. The consumer must send the goods back without undue delay, no later than 14 days from the day when the purchase contract was withdrawn, and the consumer will bear the direct costs associated with returning the goods. The deadline is considered to have been met if the consumer sends the goods back to the seller before the expiry of 14 days. The consumer is only responsible for the reduction in the value of the goods as a result of handling the goods in a way other than that which is necessary to familiarize himself with the nature and properties of the goods, including their functionality.

In accordance with § 1837 of the Civil Code, the consumer cannot withdraw from the contract:

a) on the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract, b) on the supply of goods or services, the price of which depends on fluctuations in the financial market, independent of the will of the entrepreneur and which may occur during the period for withdrawing from the contract,

c) about the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the entrepreneur’s will,

d) on the delivery of goods that have been modified according to the wishes of the consumer or for his person,

e) on the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, f) on repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the event of subsequent repairs other than requested or delivery of spare parts other than requested,

g) on the delivery of goods in closed packaging that the consumer has removed from the packaging and for hygienic reasons it is not possible to return it, h) on the delivery of audio or video recordings or computer programs, if the original packaging has been breached, i) on the delivery of newspapers, periodicals or magazines,

j) on accommodation, transport, catering or use of free time, if the entrepreneur provides these services within the specified period, k) concluded on the basis of a public auction in accordance with the law governing public auctions, or

l) on the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract.

It is not possible to withdraw from the contract without giving a reason if the goods have already been partially consumed. It is also not possible to withdraw from the contract for goods whose nature precludes this, especially for hygienic reasons (e.g. lipsticks, creams, mascaras, shampoos, conditioners, make-up brushes, etc.). If the returned goods are incomplete, damaged or visibly worn, the seller can claim damages.

5. WITHDRAWAL OF THE CONTRACT BY A BUYER WHO IS NOT A CONSUMER

In the case of a buyer who is not a consumer, it is not possible to withdraw from the contract.

6. TRAFFIC

The cost of postage and packaging, which the buyer chose in the order, is borne by the buyer and these costs are governed by the seller’s current price list, which can be found on the website www.agdesignshop.cz.

7. PAYMENT TERMS

Cash on delivery – the buyer pays the money for the goods only when the goods are taken over by the postman (courier) or at the post office. Bank transfer – after receiving the order (proposal for concluding a purchase contract), the seller sends the buyer the amount of the purchase price, the account number and the variable payment symbol. The buyer will pay the goods to the seller’s bank account before sending the goods, otherwise the goods will not be sent or handed over. This method of payment of the purchase price is considered an advance payment of the purchase price.

Payment cards – after creating an order (proposal for concluding a purchase contract), the buyer is redirected to the bank’s secure payment gateway, where the buyer enters the necessary data for payment. This method of payment of the purchase price is considered an advance payment of the purchase price. If the transaction is authorized, the payment will be processed immediately and the goods will be shipped no later than the next business day. We support the secure 3D Secure protocol. Our employees do not have access to your card data, everything is only in the hands of the bank.

Cash on delivery (personal collection) – the buyer pays for the goods in cash when taking over the goods at the seller’s branch, after confirmation by e-mail and SMS from the seller that the goods are ready in stock at the branch.

According to the Sales Registration Act, the seller is required to issue a receipt to the buyer and at the same time is required to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

The buyer’s right from defective performance is based on a defect that the item has when the risk of damage passes to the buyer, even if it becomes apparent only later. The buyer’s right is also based on a defect that arose later, which the seller caused by breaching his obligation.

If defective performance is a material breach of contract, the buyer has the right to:

a) to remove a defect by delivering a new item without a defect or by supplying a missing item,

b) to remove the defect by repairing the item,

c) for a reasonable discount from the purchase price, or

d) withdraw from the contract.

The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract. If defective performance is an insignificant breach of contract, the buyer has the right to remove the defect, or to a reasonable discount from the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the buyer. If the seller does not remove the item’s defect in time or refuses to remove the item’s defect, the buyer may request a discount from the purchase price, or may withdraw from the contract. The choice made cannot be changed by the buyer without the consent of the seller.

The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it. that doesn’t apply

a) if there was a change in condition as a result of an inspection for the purpose of detecting a defect in the item, 

b) if the buyer used the item before the defect was discovered,

c) if the buyer did not cause the impossibility of returning the item in an unchanged state by action or omission, or

d) if the buyer sold the thing before the discovery of the defect, if he used it, or if he changed the thing during normal use; if this happened only in part, the buyer returns to the seller what he can still return and gives the seller compensation up to the amount in which he benefited from the use of the item. If the buyer does not report the defect in time, he loses the right to withdraw from the contract.

Defect rights are applied to the seller at the following address:

To send goods: A & G Co. sro, Průmyslova 1953, Čelákovice, 25088

9. DEFECTIVE PERFORMANCE RIGHTS AND QUALITY WARRANTY IN THE CASE OF A CONSUMER BUYER

The seller is responsible to the buyer, who is a consumer, that the goods are free of defects upon receipt, in particular the seller is responsible to the buyer that at the time the buyer took over the item,

a) the item has the properties agreed upon by the parties, and in the absence of an agreement, such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

b) the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used, c) the item corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

d) is the thing in the corresponding quantity, measure or weight and

e) the matter complies with the requirements of legal regulations.

The buyer is entitled to exercise the right to a defect within 24 months of receiving the goods. If the item does not have the above-mentioned characteristics, the buyer can also request the delivery of a new item without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer can only request the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge. The buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.

Defect rights are applied to the seller at the following address:

To send goods: A & G Co. sro, Průmyslova 1953, Čelákovice, 25088

If the buyer requests it, the seller will confirm to him in writing the extent and duration of his obligations in case of defective performance. If the nature of the item does not prevent this, the confirmation can be replaced with a proof of purchase of the item containing the specified information. If the buyer asserts a right from defective performance, the seller will confirm to him in writing when he asserted the right, as well as the execution of the repair and its duration.

10. QUALITY GUARANTEE FOR NON-CONSUMER BUYER

The seller does not provide the buyer, who is not a consumer, with a guarantee for the quality of the goods, unless expressly agreed between the contracting parties. The seller’s liability for defects in such a case is governed by the Civil Code.

11. PRICES AND VALIDITY OF THE OFFER

All prices are listed with VAT, which is valid at the time the order is sent. In the event that the VAT before the conclusion of the purchase contract or changes before the goods are shipped, the buyer, taking into account the type of payment chosen by the buyer, is obliged to pay the arrears of the purchase price or the seller will immediately send the buyer a message by e-mail with a request for information, where it is possible to pay the buyer the overpayment of the purchase price. A proper tax document is part of the delivery of the goods. Please note that all Disney and Marvel products are available while stocks last until 12/20/2021

All product prices, including special offers, are valid until canceled or sold out.

12. DISCOUNTS AND DISCOUNT COUPONS

The seller provides various types of discounts (loyalty, volume, referrals, etc.). Each discount has rules for use. In the event that a discount or discount coupon is applied in violation of the rules of the given discount or discount coupon, the seller has the right to refuse such application of the discount or discount coupon. In such a case, the buyer is informed and will be offered the opportunity to complete the order without this discount or the applied coupon. The rules and conditions for applying a specific discount are attached either directly to the discount (in the form of information), or the discount contains a link to a website where the rules of the discount are described in detail. In the event that there is ambiguity in the interpretation of the discount, the seller’s interpretation of usage applies. Each discount or coupon can only be used once, unless expressly stated otherwise. In the case of multiple use, the seller has the right to refuse to recognize such a discount. If the discount is applied by a buyer who is not a consumer and it is not a purchased gift voucher, the seller has the right to refuse such application of the discount and discount coupons. If the value of the gift voucher or discount coupon is higher than the value of the entire purchase, the difference will not be transferred to the new voucher or coupon and the unused amount will not be refunded.

13. FINAL AGREEMENT

After its delivery to the seller, the consumer’s order is archived as a proposal for concluding a purchase contract for the purpose of its fulfillment and other records. The individual technical steps leading to the conclusion of the contract are clear to the consumer from the order process itself. The buyer has the opportunity to find out and correct errors that occurred during data entry before placing the order. The buyer bears the costs of using remote means of communication (telephone, internet, etc.) to complete the order itself. These terms and conditions allow the consumer to archive and reproduce them.

These terms are effective on August 1, 2021