Terms and conditions

Operator of the e-shop www.saintmeli.com:
Bc. Lukas Melichar
Registered office: K Haltýři 687/17, 181 00 Prague 8 – Troja
ID: 23059176
VAT number: CZ9501053210 (I am not a VAT payer)
Email: hello@saintmeli.com

1. Introductory provisions

1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the seller (Bc. Lukáš Melichar) and the buyer through the seller's online store. This e-shop is operated on the website www.saintmeli.com (hereinafter referred to as the “Website”) via the web interface of the store (hereinafter referred to as the “Web Interface of the Store”).

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or independent profession.

1.3. Provisions deviating from these Terms and Conditions may be agreed in a specific purchase contract. Such arrangements shall take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the terms and conditions are an integral part of every purchase contract concluded between the seller and the buyer. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The seller may change or supplement the text of the terms and conditions. Changes to the terms and conditions apply only to new purchase contracts concluded after their entry into force. The rights and obligations arising under the previous terms and conditions are not affected.

2. User account

2.1. Based on the Buyer's registration on the website, the Buyer can access his user interface. From his user interface, the Buyer can place orders for goods (hereinafter referred to as the "user account"). If the store's web interface allows it, the Buyer can place orders without registration directly from the store's web interface.

2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update his data in the user account in case of their change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. The Seller is not responsible for the misuse of access data by third parties.

2.4. The Buyer is not entitled to allow third parties to use his user account. The Buyer is solely responsible for the security and accuracy of the data in his user account.

2.5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 12 months, or if the Buyer breaches his/her obligations arising from the purchase contract (including these Terms and Conditions).

2.6. The Buyer acknowledges that the user account may not be available continuously, in particular due to necessary maintenance of the Seller's hardware and software equipment or by third parties.

3. Conclusion of the purchase contract

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The buyer acknowledges that the photographs of the goods are for illustrative purposes only and may not always correspond to their actual appearance. The goods displayed on the e-shop pages may have minor deviations in colors, sizes and details due to production processes and deliveries.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods and delivery costs. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills out the order form in the store's web interface. The order form contains, in particular, information about:

ordered goods (the buyer "places" the ordered goods in the electronic shopping cart),
method of payment of the purchase price of the goods,
information about the requested method of delivery of the ordered goods, and
information about the costs associated with the delivery of goods (hereinafter collectively referred to as the “order”).

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order, including correcting errors in data entry. The buyer sends the order to the seller by clicking on the "Complete order with payment obligation" button. The data specified in the order are considered correct by the seller and the buyer undertakes to provide true data and information required from him. The seller will immediately confirm receipt of the order to the buyer by e-mail to the address specified in the order or the buyer's user account.

3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail.

3.8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (e.g. costs of Internet connection or telephone calls) are borne by the Buyer himself, and these costs do not differ from the basic rate.

4. Price of goods and payment terms

4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

cashless via the Shopify payments system (including Apple Pay, Google Pay or credit card options).

4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

4.6. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.

5. Withdrawal from the purchase contract

5.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods that have been modified according to the wishes of the Buyer or for his person.

5.2. Unless otherwise specified in Article 5.1 of the Terms and Conditions, the Buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods. If the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the withdrawal from the purchase contract to the Seller's registered office address or to the Seller's e-mail address: hello@saintmeli.com .

5.3. In the event of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the date of delivery of the withdrawal from the purchase contract to the Seller. The Buyer shall bear the costs associated with the return of the goods, even if the goods cannot be returned by regular mail.

5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the purchase contract, in the same manner in which they were paid to the Seller. The Seller is entitled to return the amount only after receiving the returned goods or proving that the goods have been sent back.

5.5. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller will return the purchase price without undue delay, by bank transfer to the account specified by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.

6. Transportation and delivery of goods

6.1. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on the first date notified to him by the courier and must be available on his personal telephone.

6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. If damage to the packaging is found, which indicates unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties during the transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

6.6. The package must be picked up on the date notified by the courier. In the event of repeated delivery, we do not guarantee correct delivery. The same condition applies if the buyer does not pick up the package at the carrier's branch immediately on the first possible day that will be determined.

6.7. By checking the relevant box in the cart, you agree and acknowledge that the standard order preparation and delivery time can be up to 30 working days, depending on the current workload of the e-shop and the stock status. We always try to work as quickly as possible. Thank you very much for your understanding.

For the Czech Republic we use the transport company GLS. For orders over 1500 CZK, shipping is free. In other cases, the shipping price is a flat rate of 99 CZK. Personal collection is not possible.

7. Rights arising from defective performance

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (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).

7.2. The Seller is responsible to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer accepted the goods:

7.2.1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,

7.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

7.2.3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

7.2.4. the goods are in the appropriate quantity, measure or weight and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

8. Other rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

8.3. The seller handles consumer complaints via the email address hello @saintmeli.com . The seller will send information about the handling of the buyer's complaint to the buyer's email address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: https://adr.coi.cz/cs , is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.6. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

9. Protection of personal data

9.1. The Seller shall fulfil its information obligation towards the Buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the Seller's public law obligations by means of a special document.

10. Sending commercial communications and storing cookies

10.1. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's email address and further agrees to the Seller sending commercial communications to the Buyer's email address. The Seller fulfills its information obligation towards the Buyer pursuant to Article 13 of the GDPR related to the processing of the Buyer's personal data for the purposes of sending commercial communications by means of a special document.

10.2. The buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract fulfilled without the storage of cookies on the buyer's computer, the buyer may revoke the consent in accordance with the previous sentence at any time.

11. Delivery

11.1. The Buyer may be delivered to the Buyer's electronic address.

12. Final provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.

12.2. By choosing the law according to Article 12.1 of the Terms and Conditions, the consumer is not deprived of the protection provided to him by the provisions of the legal order from which he cannot contractually deviate and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.