Terms and Conditions

Terms and Conditions

General Provisions

These terms and conditions apply to purchases in the online shop www.petiteetmars.com and further define and specify the rights and obligations of the seller and the buyer. As such, they form an integral part of the purchase contract between the seller and the buyer.
All contractual relations between the Seller and the Buyer residing or having its registered office in the Czech Republic are concluded in accordance with the law of the Czech Republic. Contractual relations not governed by the Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"). If the contracting party is a consumer, relations not governed by the terms and conditions and which apply to consumers are governed by the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended ("Consumer Protection Act").

Definition of

The Seller is ags 92, s.r.o., with registered office at Drahobejlova 2515/18, 190 00 Prague, Czech republic, ID: 48110591, VAT: CZ48110591, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 16210. The above address of the Seller's registered office is also the postal address for delivery, but packages with goods intended for complaint are to be sent to the address of the shop: the Feedo shop, Jetřichova 2463, Prague Hostivice 253 01 and packages with goods intended for withdrawal from the contract to the address: ags 92, s.r.o., Crossdock Brno - Joppa Logistics, Písečná 509/5, 620 00 Brno.
The shop is understood to be the internet or brick-and-mortar shop of ags 92, s.r.o., mainly referring to the internet shop www.petiteetmars.com.
The Buyer is the customer of the shop from point 2, Definitions, Terms and Conditions.
A consumer is a buyer - a natural person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes a contract with a trader or otherwise deals with him/her.
An entrepreneur is a buyer who concludes contracts in connection with his own business, manufacturing or similar activity or in the independent exercise of his profession, or a person who acts on behalf of or on behalf of an entrepreneur.

Purchase contract

The buyer's order is a draft purchase contract and the purchase contract itself is concluded at the moment of delivery of the seller's binding acceptance of the draft purchase contract in the form of an e-mail message sent to the e-mail address specified by the buyer in the order. The receipt of the Buyer's order is immediately confirmed by the Seller by e-mail to the Buyer's e-mail address specified by the Buyer in the order, which does not, however, mean that the Seller has accepted the order and that the purchase contract has been concluded.
By sending the order, the Buyer confirms that he has read these Terms and Conditions, including the Complaints Procedure, and that he agrees to them. The Buyer shall be sufficiently notified of these terms and conditions and the Complaints Procedure and shall have the opportunity to familiarise himself with them prior to the actual execution of the order. The Buyer should not incur costs for the use of remote means of communication in connection with the conclusion of the Purchase Contract and the Buyer does not object to their use. Before placing an order, the Buyer may check and change the input data contained in the order, which he has entered in the order.

The Seller reserves the right not to conclude the Purchase Contract in the following cases:
      a) Goods are out of stock - if the goods ordered by the buyer are no longer in stock, the seller will propose an alternative solution in the form of delivery of other goods to the buyer. If the buyer does not agree to the change of order, the order is automatically cancelled.

      b) False order - an order is marked as false if it contains nonsensical data (if it cannot be delivered), the addressee does not know about it (stupid jokes) or does not agree with it (in case of order verification). In this case, the seller will try to contact the buyer by e-mail or phone to clarify the situation.

      c) The goods are no longer manufactured or delivered or the supplier's price has changed significantly. If the buyer does not agree to the change in the order proposed by the seller, the order is automatically cancelled.

      d) The buyer orders more than 10 units of one product - if the buyer is interested in more than 10 units of one product, it is necessary to contact the seller by email in advance and agree on the possibilities and conditions of sale.

 e) The Operator reserves the right to correct the price of the goods prior to dispatch if it is found that the goods have been offered at an incorrect price. In this case, the customer must be informed of the correct price and must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be cancelled by the operator.
      f) Fraudulent order - in the case of a buyer - a natural person entrepreneur or a business corporation, the operator reserves the right not to conclude a purchase contract if the buyer orders more than 1 piece of goods or it is a repeated order of the same goods in a short time sequence.

In the event that the Purchase Contract is not concluded when the Purchaser has already paid part or the entire amount of the Purchase Price, this amount will be transferred back to the Purchaser's account or address without undue delay, at the latest within 10 working days of notification of the non-contract.

In the event of a change to the order, the amended order shall be binding on both parties at the time of confirmation of the change by the Seller. The Seller is not obliged to accept a change of order at the moment when he has already handed over the goods according to the original order to an external carrier or has already modified the goods at the Buyer's request.
At the moment of conclusion of the purchase contract, the purchase contract is binding for the parties. The contract is archived by the seller after its conclusion and the buyer can find it in his account of the shop. General provisions. The contract can only be concluded in the Czech language.

The ordered goods will be sent only and exclusively within the territory of the Czech Republic.

In accordance with § 1829 of the Civil Code, the buyer - consumer can withdraw from the contract within 14 days from the date of receipt of the goods without giving any reason and without any penalty. However, this statutory entitlement cannot be understood as a possibility to rent the goods free of charge. In the event of exercising the right of withdrawal within 14 days of receipt of the goods, the buyer-consumer must hand over to the seller everything he has received under the contract of sale. If this is no longer possible (for example, the goods have been damaged or destroyed in the meantime), the consumer must provide monetary compensation in return for what can no longer be returned. If the returned goods are only partially damaged, the seller can claim damages against the consumer and set off his claim against the refunded purchase price. In such a case, the seller will only refund the consumer the reduced purchase price. If the consumer withdraws from the contract, the seller shall reimburse him without undue delay, and at the latest within 14 days of withdrawal, all monies, including delivery costs, received from him under the contract in the same manner. If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the consumer for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery offered. The seller shall point out to the consumer that the consumer shall bear the costs of returning the goods. If the consumer withdraws from the purchase contract, the seller shall not be obliged to return the funds received to the consumer before the consumer has handed over the goods to the seller or proved that he has dispatched the goods to the trader.
If the item is defective within the meaning of Section 2161 of the Civil Code when taken over by the buyer, the buyer has the right to demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer shall be entitled to have the defect remedied free of charge. The buyer shall also have the right to have a new item delivered or a part replaced in the event of a removable defect if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to supply a new item without defects, to replace a part of the item or to repair the item, as well as if the seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the consumer.
The consumer-buyer may not withdraw from a contract for the delivery of goods that have been modified according to the consumer's wishes or for the consumer's person, for the delivery of perishable goods as well as goods that have been irretrievably mixed with other goods after delivery, for the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.
The procedure for withdrawal from the contract is that the consumer sends a written notice of withdrawal from the contract to the address of the seller, which must contain the following information: a) the name of the addressee - the seller, b) the text that the consumer withdraws from the contract, c) the order number, d) the date of ordering and the date of receipt of the goods, e) the name and surname of the consumer, f) the address of the consumer, g) the number of his bank account to which he will be refunded the purchase price h) the signature of the consumer and the date of signature. The purchase price will be refunded to the consumer without undue delay, no later than 14 days from the date on which the seller was informed of the decision to withdraw from the contract, including the cost of delivery (except for additional costs incurred as a result of the chosen delivery method, which is different from the cheapest standard delivery method offered by us). The returned goods will then be sent by insured parcel to Radek Jeřábek servis/autodoprava, ags92, s.r.o., JZD Hvězdlice, 683 41, Hvězdlice, Tel. 775 785 469. If the goods delivered were in conformity with the purchase contract, the costs of returning the goods to the seller shall be borne in full by the buyer. The goods must not show signs of use, must be undamaged and complete including all accessories. The customer is obliged to protect the goods against damage during transport (the use of the original packaging is the most appropriate). At the same time, we ask you to return especially the original tag, barcode and other documents related to the goods (such as warranty card, manuals, copies of proof of purchase, etc.), without which we are unable to identify the goods and the processing time is extended or the goods cannot be put on sale again. In the event that the value of the goods is reduced as a result of handling other than that necessary to test them, the customer is responsible for such reduction in value and the refund will be reduced accordingly. In this context, we would like to point out that during the withdrawal period, the goods cannot be used in the normal way, but only tried on in a similar way as they could be tried on in a bricks and mortar shop (i.e. in the case of clothes, this means trying on how the goods fit the customer and not wearing them, washing them etc. for 14 days). Failure to meet the withdrawal deadline, whereby the withdrawal must be sent to the seller no later than the 14th day after receipt of the goods, renders the withdrawal invalid. The consumer must return the purchased goods to the seller within 14 days of withdrawal.

The seller may withdraw from the concluded purchase contract in the following cases:
       a) the ordered performance becomes impossible because the ordered goods are no longer produced or are not available on the market available to the Seller, or are unavailable for a long time due to reasons not attributable to the Seller. If only part of the ordered performance is affected by the aforementioned impossibility, the Seller may cancel only that part of the order.

      b) if there is a significant change in the purchase price at which the Seller obtains the goods from the Supplier, where this change was not known to the Seller at the time the order was confirmed. The Seller must inform the Buyer immediately of the change in price and attempt to reach agreement before cancelling the Contract, in which case the Seller is entitled to cancel the Contract if no agreement can be reached with the Buyer on the new price.

ayment for the ordered goods can be made in several ways, either by courier services, or by bank transfer, where the amount must be transferred to the seller's account before the goods are shipped, or by using a credit card payment, or through a payment gateway offered by the seller.
In the case of purchases over 15,000 CZK, the order must be paid in advance, either by bank transfer or immediate online payment.
The Customer may make Payments to the User by Payment Cards in a simplified form, i.e. without the need to enter all payment card details each time. A token (virtual card identifier) will be generated based on the payment card details provided by the Customer to GoPay.
The dispatch of the ordered goods depends on their stock availability, which is visibly indicated for each product on the shop's website. For most products, dispatch takes place the next working day after the conclusion of the purchase contract. To this time it is necessary to add the time of transport - depending on the chosen method of transport. The price of each shipping method is indicated on the shop's website.
If there is a discount promotion that allows buyers logged in to their customer account to make one purchase at a discount, the seller reserves the right to refuse to grant this discount to the buyer if there is a suspicion of creating multiple accounts for the same buyer in order to obtain an unauthorized discount.
In case of using the Twisto service by the Buyer, the Seller may assign its receivables from the Buyer to Twisto payments a.s., registered office Újezd 450/40, Malá Strana, 118 00 Prague 1, ID: 01615165, under the terms and conditions specified in the Twisto General Terms and Conditions.
By using the Twisto payment method, the buyer agrees to the "Twisto General Terms and Conditions" and acknowledges the "Rules for processing personal data" of Twisto. The Buyer expressly agrees to assign the Seller's claim for payment of the total purchase price (including any shipping and other costs) of the ordered goods and/or services to Twisto, and by using the online payment method, the Buyer enters into a contract with Twisto for the provision of the online payment service in accordance with the "General Terms and Conditions for Online Payment Customers".
The validity of the credits earned is 6 months from receipt.

Complaints Procedure

The Complaints Procedure is governed by the Civil Code and the Consumer Protection Act and applies to goods for which the buyer-consumer's rights under liability for defects are exercised within the statutory period (hereinafter referred to as "complaints").
The buyer is not entitled to claim the right of defect in case of wear and tear of the goods (or their parts) caused by their normal use or if it results from the nature of the goods (e.g. expiry of their useful life) or is caused by the buyer or is caused by improper use, improper maintenance or mechanical damage.
The seller is not liable for defects if the goods are used and the defect corresponds to the level of use or wear and tear the goods had when the buyer took them over.
Assembly or other commissioning of the goods is not, as a matter of principle, part of the delivery of the goods and the buyer declares that he is aware of the manner of commissioning of the goods, as this follows from the nature of the goods.

The buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. In the case of second-hand goods, the period for exercising rights for defective performance is twelve months from the date of receipt.
If the consumer wishes to make a complaint, he must send an e-mail to info@petiteetmars.com, indicating in particular the type of product, the number of the sales receipt and a description of the defect. The customer will be sent information about the next steps within 5 working days.
It is advisable to send the goods in the original packaging or suitable shipping packaging, meeting the requirements of the transport of fragile goods, including all accessories and marking the shipment with the appropriate symbols, as the seller is not liable for any mechanical damage before receiving the goods. In the event of a legitimate claim, the consumer is entitled to reimbursement of the postage costs at the lowest amount necessary for safe delivery (proof of this transport must be provided). In the case of an unjustified complaint, the consumer is not entitled to compensation for his costs associated with the handling of the complaint, nor is the seller entitled to compensation for the costs incurred on his side (unless the consumer has, for example, repeated unjustified complaints, where it can already be concluded that the consumer has abused his rights).
The Supplier shall assess the validity of the claim for defects in the goods immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the type of product required for a professional assessment of the defect. After the assessment, the Supplier shall notify the Customer by email within the same time limits on how the claim will be settled. The complaint, including the removal of the defect, shall be settled without undue delay, at the latest within 30 days from the date of the complaint.
The goods can be claimed at the seller's premises.

Personal data protection

Terms and conditions for processing personal data

Final Provisions

Any disputes arising out of the contractual relationship described above shall be resolved exclusively under the law of the Czech Republic, by the court of competent jurisdiction.
Any disputes between the seller and the buyer - consumer - may also be settled out of court. The Seller recommends that the Buyer-Consumer first contact the Seller, in any form, before starting an out-of-court dispute resolution to resolve the situation. The Buyer - consumer - may contact the out-of-court dispute resolution entity, which is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, or resolve the dispute online via the dedicated ADR platform Webgate.ec.europa.eu

You can find more information about out-of-court dispute resolution here http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/ If any provision of this contract is or becomes invalid or ineffective, this does not affect the other provisions of this contract, which remain valid and effective. In this case, the contracting parties agree to replace the invalid/ineffective provision with a new valid/effective provision that best corresponds to the originally intended economic purpose of the invalid/ineffective provision. Until then, the corresponding regulation of the generally binding legal regulations of the Czech Republic applies. The seller reserves the right to change these terms and conditions in the event of a change in any related legal regulations or in the case of a change in jurisprudence regarding the contractual relationships governed by these terms and conditions. The contracting parties hereby mutually declare that they have properly considered the contract, have read and understood its entire text, and that they are entering into it of their own free will. They also declare that they are not aware of any facts that could in any way invalidate this contract concluded by them, make it ineffective against any third party and defeat its purpose as they seriously declared it at the beginning of this contract. The seller archives the previous wording of the terms and conditions and provides them to the buyer upon request. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.

These terms and conditions become effective and valid on August 31, 2023.