Terms of service

Operator of the e-shop www.saintmeli.com:
Bc. Lukáš Melichar
Registered office: K Haltýři 687/17, 181 00 Prague 8 – Troja, Czech Republic
Company ID (IČO): 23059176
VAT ID (DIČ): CZ9501053210
E-mail: hello@saintmeli.com

1. Introductory Provisions

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern, in accordance with Section 1751(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 a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the seller (Bc. Lukáš Melichar) and the buyer through the seller’s online store. The online store 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”).

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 an individual Purchase Agreement. Such provisions shall prevail over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of every Purchase Agreement concluded between the seller and the buyer. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5. The seller may amend or supplement the wording of the Terms and Conditions. Amendments to the Terms and Conditions shall apply only to new Purchase Agreements concluded after their effectiveness. Rights and obligations arising during the effectiveness of previous Terms and Conditions shall not be affected thereby.

2. User Account

2.1. Based on the buyer’s registration carried out on the Website, the buyer may access their user interface. From their user interface, the buyer may place orders for goods (hereinafter referred to as the “User Account”). If the Web Interface allows it, the buyer may also place orders without registration directly via the Web Interface.

2.2. When registering on the Website and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the data in the User Account in the event of any changes. 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 information necessary to access their User Account. The seller is not responsible for misuse of access data by third parties.

2.4. The buyer is not entitled to allow third parties to use their User Account. The buyer is solely responsible for the security and accuracy of the data in their User Account.

2.5. The seller may cancel the User Account, especially if the buyer has not used their User Account for more than 12 months, or if the buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

2.6. The buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the seller’s hardware and software equipment or that of third parties.

3. Conclusion of the Purchase Agreement

3.1. All presentation of goods placed in the Web Interface is of an informative nature and the seller is not obliged to conclude a Purchase Agreement regarding such goods. The buyer acknowledges that photographs of goods are for illustrative purposes only and may not always correspond to the actual appearance. Goods displayed on the e-shop website may show minor deviations in colours, sizes and details due to production processes and supplies.

3.2. The Web Interface contains information about the goods, including the prices of individual goods and the costs of delivery. Prices of goods are stated including value added tax and all related fees. Prices of goods remain valid for as long as they are displayed in the Web Interface. This provision does not limit the seller’s ability to conclude a Purchase Agreement under individually agreed conditions.

3.3. The Web Interface also contains information about the costs associated with packaging and delivery of goods. Information on packaging and delivery costs stated in the Web Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer shall complete the order form in the Web Interface. The order form contains in particular information about:

the ordered goods (the buyer “places” the ordered goods into the electronic shopping cart),
the 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 delivery of the goods
(hereinafter collectively referred to as the “Order”).

3.5. Before submitting the Order to the seller, the buyer is allowed to check and amend the data entered into the Order, including correcting errors made when entering data. The buyer submits the Order to the seller by clicking the button “Complete order with obligation to pay”. The data stated in the Order are considered correct by the seller and the buyer undertakes to provide truthful data and information requested from them. The seller shall confirm receipt of the Order to the buyer without undue delay by electronic mail sent to the address specified in the Order or in the buyer’s User Account.

3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, expected shipping costs), the seller is entitled to request additional confirmation of the Order from the buyer (for example in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer is established by delivery of the acceptance of the Order (acceptance), which is sent by the seller to the buyer by electronic mail.

3.8. The buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (e.g. internet connection costs or telephone call costs) shall be borne by the buyer, and these costs do not differ from the basic rate.

4. Price of Goods and Payment Terms

4.1. The purchase price of the goods and any costs associated with delivery under the Purchase Agreement may be paid by the buyer to the seller by the following methods:

cashless payment via the Shopify Payments system (including Apple Pay, Google Pay or payment card).

4.2. Together with the purchase price, the buyer is also 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 shall also include the costs associated with delivery of the goods.

4.6. The seller is entitled, especially if the buyer fails to provide additional confirmation of the Order (Art. 3.6), to require payment of the full purchase price before dispatching the goods to the buyer.

4.7. Any discounts on the price of goods provided by the seller to the buyer may not be combined.

4.8. If customary in business practice or required by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer regarding payments made under the Purchase Agreement. The seller is not a value added tax payer. The tax document – invoice shall be issued by the seller to the buyer after payment of the price of the goods and shall be sent in electronic form to the buyer’s electronic address.

4.9. In the Czech Republic, we are not VAT payers and all orders are invoiced without VAT.

When selling to other countries of the European Union, we sell exclusively to end customers (B2C) through the e-shop. These sales are carried out under the OSS scheme, and the prices stated on the e-shop are final, including VAT according to the country of delivery.

5. Withdrawal from the Purchase Agreement

5.1. The buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the supply of goods that have been modified according to the buyer’s wishes or for their person.

5.2. Unless it concerns a case specified in Article 5.1 of the Terms and Conditions, the buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods. If the subject of the Purchase Agreement is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the seller within the period specified in the previous sentence. Withdrawal from the Purchase Agreement may be sent by the buyer to the address of the seller’s registered office or to the seller’s electronic mail address: hello@saintmeli.com.

5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Purchase Agreement is cancelled from the outset. The goods must be returned by the buyer to the seller within fourteen (14) days from delivery of the withdrawal from the Purchase Agreement to the seller. The buyer bears the costs associated with returning the goods, even in cases where the goods cannot be returned by ordinary postal service.

5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (14) days from withdrawal from the Purchase Agreement, in the same manner in which they were paid to the seller. The seller is entitled to return the amount only after receipt of the returned goods or proof that the goods have been sent back.

5.5. The seller is entitled to unilaterally set off a claim for compensation for damage incurred to the goods against the buyer’s claim for refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the Purchase Agreement pursuant to Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are received by the buyer. In such case, the seller shall return the purchase price to the buyer without undue delay, by cashless transfer to an account designated 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 resolutory condition that if the buyer withdraws from the Purchase Agreement, the gift agreement regarding such gift shall cease to be effective and the buyer is obliged to return the provided gift together with the goods to the seller.

6. Transport and Delivery of Goods

6.1. If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with such method of transport.

6.2. If under the Purchase Agreement the seller is obliged to deliver the goods to the place specified by the buyer in the Order, the buyer is obliged to accept the goods upon delivery at the first delivery date announced by the courier and must be available on their personal telephone.

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

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and in the event of any defects to notify the carrier without undue delay. If a breach of packaging is found that indicates unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5. Further rights and obligations of the parties in transport of goods may be regulated by special delivery conditions of the seller, if issued by the seller.

6.6. The parcel must be collected within the time period announced by the courier. In the case of repeated delivery, we do not guarantee proper delivery. The same condition applies if the buyer does not collect the parcel at the carrier’s branch on the first possible day determined.

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

For the Czech Republic, we use the GLS transport company. For orders over CZK 1,300, shipping is free of charge. In other cases price starts from 79 CZK Personal collection is not possible.

EU Shipping is free for orders over 99 EUR. In other cases price starts from 6,90 EUR.

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 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 liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer received the goods:

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

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 workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model,

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 stated 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, to wear and tear of goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear that the goods had upon receipt by the buyer, or if this follows 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 Section 1826(1)(e) of the Civil Code.

8.3. The seller handles consumer complaints via the electronic address hello@saintmeli.com. Information on the handling of the complaint shall be sent by the seller to the buyer’s electronic 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, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and the buyer arising from the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: 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 consumer ODR).

8.6. The seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within its competence by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, within the defined scope, inter alia, 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(2) of the Civil Code.

9. Personal Data Protection

9.1. The seller fulfils their information obligation towards the buyer within the meaning of 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 Regulation”) related to the processing of the buyer’s personal data for the purposes of performance of the Purchase Agreement, for the purposes of negotiations on this agreement and for the purposes of fulfilment of the seller’s public law obligations through a separate document.

10. Sending of 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 electronic address and further agrees to the sending of commercial communications by the seller to the buyer’s electronic address. The seller fulfils their information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer’s personal data for the purpose of sending commercial communications through a separate document.

10.2. The buyer agrees to the storing of so-called cookies on their computer. If it is possible to make a purchase on the Website and to fulfil the seller’s obligations under the Purchase Agreement without storing so-called cookies on the buyer’s computer, the buyer may withdraw the consent according to the previous sentence at any time.

11. Delivery of Documents

11.1. Documents may be delivered to the buyer to the buyer’s electronic address.

12. Final Provisions

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.

12.2. By choosing the law pursuant to Article 12.1 of the Terms and Conditions, the consumer is not deprived of the protection provided by provisions of the legal order from which contractual derogation is not permitted and which would otherwise apply in the absence of a choice of law pursuant to 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 invalid or ineffective, or becomes so, a provision whose meaning most closely approximates the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

12.4. The Purchase Agreement including the Terms and Conditions is archived by the seller in electronic form and is not accessible.